Minutes of notarization - Notary Office Jesús Benavides

Record of protocolization

Step 1

What is a protocolization act?

It is the instrument that allows the incorporation of a document, whether public or private, into the notary's protocol, thus ensuring its preservation.

Step 2

What documentation do I need to go to the notary to execute a notarization deed?

Step 3

How much does it cost to execute a notarization deed?

This is a merely informative and non-binding estimate. This estimate is calculated based on two criteria: 1) our knowledge of the Notarial Tariff and 2) our daily experience in the preparation of this type of notarial document. (Royal Decree 1426/1989, November 17, 1989). and 2) our daily experience in the preparation of this type of notarial document. However, any variation (upward or downward) will be duly justified at the time of issuing the final invoice for the notarial service rendered.

Step 4

More frequently asked questions

What does a notarization act consist of?

A notarial notarization act consists of a notarial intervention in which the requesting person provides the Notary with documents in his possession, whether they are public (such as a judgment) or private (such as a contract of sale of a rural property), for the purpose of incorporating these documents into the protocol of the Notary.

<ejemplo>Así pues, por ejemplo, si el señor Juan compró hace cincuenta años una finca rústica mediante un contrato privado, y a la vista de su edad avanzada, teme que dicho documento se pueda extraviar en su vivienda, para evitar que ello suceda y asegurar que puede conservar su título de propiedad en todo caso, puede recurrir al instrumento del acta de protocolización, mediante el cual, conseguirá incorporar ese documento al protocolo de un Notario, el cual está obligado a su conservación a perpetuidad, con lo cual, conseguirá conservar en todo caso dicho contrato, a los efectos que correspondan.<ejemplo>

Thus, by means of the protocolization act, the interested party delivers to the chosen Notary some documents, so that said Notary incorporates them into his protocol and keeps them, thus achieving the conservation of this document in perpetuity.

What is the purpose of a notarization certificate?

As it has just been indicated, the notarial notarization acts are an instrument that allows the incorporation of a document in possession of the applicant, to the protocol of a Notary Public, thus ensuring that such document is preserved in any case.

In this regard, it is necessary to take into account that Notaries are public officers, who authorize public instruments (mainly deeds and minutes). These public documents are incorporated into the notarial protocol, which, in accordance with the Law, is property of the State, and with respect to which the Notaries have the obligation to keep it, as archivists of the same, under their responsibility. 

Thus, when any person grants a deed or deed, he/she must know that this original document is incorporated to the notarial protocol, which will be kept by that Notary in an uninterrupted way as long as he/she continues as holder of that position, while, in case he/she leaves that position (because, for example, If he/she retires or is assigned to another position in a different place), his/her successor will continue with the work of conservation and custody of that protocol, until, after 25 years, it will be sent to the corresponding Notarial Association for its conservation, in principle, in perpetuity.

In view of the above, as can be seen, if any person grants a notarization deed, what he/she achieves is that said document, which is filed with the Notary, remains safe, so that, whenever needed, a copy of the same can be obtained, by requesting a simple or authentic copy of said notarial deed, as the case may be.

<ejemplo>Así pues, si cualquier ciudadano posee un documento que tiene importancia o relevancia para su persona o intereses, y por los motivos que fuere (por ejemplo, por su estado de conservación, por el temor a la destrucción del documento por terceras personas, etc.) quiere asegurar la integridad del mismo, optando por el acta de protocolización conseguirá su objetivo, pues una vez que dicho documento conste incorporado al protocolo notarial, este quedará a salvo y se conservará a perpetuidad, pudiéndose obtener siempre que se desee una copia del mismo, solicitando a tal efecto una copia simple o auténtica de dicha ata.<ejemplo>

What other uses can a notarization certificate have?

In addition to the aforementioned usefulness, that is, the possibility of preserving a document in perpetuity through its incorporation into the notarial protocol, the use of the notarization deed can also be very useful for the interested parties, since it will allow us:

  • To ensure their respective identity.

    That is to say, to ensure that a certain person possesses specific documents, with a specific content, and that for this purpose it is that person who brings them directly to the notary's office.
  • To ensure its existence before third parties on a specific date, that is, the day of notarization of the deed.

    With this we can prove that a certain document existed, at least, on a certain date, which can be very useful for evidentiary purposes in certain contentious cases.

In which frequent cases is the protocolization act usually used?

In practice, there are many cases in which it may be of interest to resort to the notarization act, among which we can highlight, among many others:

  • The need to safeguard a document relevant to a person, given the possibility of its loss (such as, for example, documents stored in a company, in respect of which a joint administrator is afraid that the other administrator may destroy or misplace them).
  • The need to keep a document for fear of an eventual illegitimate theft by third parties (such as a thief entering our home and stealing it).
  • The possibility of safeguarding documents that are in a poor state of preservation and may deteriorate further in the future(such as old documents where the paper or ink is degrading, and to prevent the process from becoming irreversible and the document from becoming unreadable in the future, it is notarized with a photocopy to preserve it).
  • The need to preserve a certain old judicial decision of transcendence for the parties, since it should be taken into account that judicial decisions, such as judgments or orders, once a certain period of time established by procedural legislation has elapsed, are expunged (i.e. destroyed), so that it would no longer be possible to obtain a copy from the Court if the copy we have is lost or destroyed.
  • The need to prove to third parties that a certain document exists on a certain date(which may be useful in a situation where two contracting parties have entered into a private contract, and it may be feared that a posteriori, one of them may challenge that the date on the document is not certain).
  • Recently, in view of the growing importance of human relations in social networks and remote communication media, the protolization of E-mails or whatsapp conversations is also very common, especially in cases in which their content may have relevance in a possible contentious situation(useful for example in the event that a person recognizes a certain fact in a whatsapp conversation and the recipient wants to safeguard that conversation to assert it in a trial, fearing that by losing or destroying his phone, he can no longer prove the reality and content of the conversation).
  • Preserve screenshots of web pages in which competing companies engage in illegal practices, such as industrial or intellectual property violations, patent or trademark infringement, misleading advertising, etc.

What aspects will the Notary Public include in the notarization deed?

The content of the protocolization act is very simple. In it, the requesting person will be identified, after which, the Notary will record that he/she has been requested to incorporate certain documents to his/her protocol and the same will be delivered (either originals or copies that are provided) to be attached to the matrix of the record.

Likewise, the document shall state the number of pages of the document delivered, in order to avoid possible alterations at a later date.

See more frequently asked questions

What kind of documents can be joined in the minutes of notarization?

As a rule, standard documents containing contracts, declarations of intent of the parties, e-mails, etc. will be attached to the notarization deeds.

However, as an additional issue, it is necessary to take into account that the regulations governing this instrument (specifically, Article 214 of the Notarial Regulations) also permit notarization:

  • All kinds of public documents, such as court rulings (judgments, orders, decrees, etc.) as well as administrative resolutions, sanctions, contracting files, etc.
  • Printed matter of any kind (such as, for example, an advertising pamphlet in which some kind of unfair competition act is practiced).
  • Plans (for example, of an architect who has drawn up a design for a house and fears that another colleague who has visualized them may plagiarize them).
  • Photoengravings (if, for example, an artist has made a pictorial work and fears that another may copy his work).
  • As well as any graphics whose size and nature allow it.

What are the limitations to be taken into account in the notarization minutes?

Although any kind of document can be included in the minutes of notarization, as mentioned in the previous questions, the following limitations must be taken into account:

First of all, if it is a private document whose content is a contractual matter (for example, a contract of sale of an old property), it can only be notarized when one of the contracting parties so wishes in order to avoid its loss and to authenticate its date.

  • In such a case, notarization by deed will be possible, but it will not have all the effects of a public deed (in our example, a deed of sale).

It is also very important to bear in mind that, if the legal transaction documented in the private document is subject to Transfer Tax and Stamp Duty, or Inheritance and Gift Tax, it cannot be notarized if it does not include the corresponding note from the tax office or collaborating bank, in order to guarantee that the taxpayers have complied with their tax responsibilities.

Does the notarization certificate prove the authenticity of the documents provided?

Of course, the answer to this question can only be negative, since the notarization of a document in notarial minutes only proves that a person, on a specific day, has delivered some documents to a Notary, who has attached them to his protocol, but nothing more.

Thus, if the content of the documents may be perfectly inaccurate or false, in which case, the aggrieved party must resort to the appropriate means of proof to assert its position and prove before the appropriate authority such inaccuracy or falsity.

Is it possible to grant a "mixed" certificate?

Of course, the interested parties should also be aware that, depending on the specific circumstances of the case, it is also possible to grant what may be called a mixed record, i.e., a record of notarization, in which certain documents are attached to the notarial protocol, but which also combines characteristics of other types of records, such as, for example, records of declarations, if the applicant also makes some kind of declaration or statement that he/she wishes to incorporate into said record.

How is a notarization certificate granted?

Granting a notarization deed is a very simple act. The interested party must contact the notary's office and arrange the date and time of the request.

At the agreed date and time, the applicant will appear at the notary's office with the documents to be notarized, and after being identified by the Notary and after examination of the documents by the notary (to verify that all the legal requirements are met), the notarization deed will be authorized, to which the documents will be attached.

Finally, the Notary will prepare an authentic copy for the client, so that he/she can take a copy of his/her document with him/her, in which all the actions carried out are reflected, so that he/she can make the corresponding use of said document.

Step 5

Where can I consult the applicable regulations?

Step 6

Make an appointment