Due to the recent coronavirus outbreak, and the recent declaration of state of emergency triggered by it, the Government of Spain and several public entities have been releasing and adopting new measures in order to regulate the situation and give citizens and companies as much relief as possible as well as to provide them with a guide to move forward during the lockdown. 

As you may probably be aware of, Notaries in Spain are required for a great variety of legal transactions, not just related with commercial and corporate law, but also in regards to inheritance and family law, among others. 

That is why their service is considered to be “public” and of general interest and its provision must be guaranteed to everyone who requires it throughout the whole country.

Therefore, considering the extraordinary circumstances we are currently living, some measures have been taken in order to ensure that, despite the current limitations, Notaries are available to exercise their duties when the situation requires so. 

Taking all the foregoing into consideration, the purpose of this informative note is to give you a general idea of the scope of these measures as well as to tell you how we may be able to help you in case the occasion in which you need a Spanish Notary Public’s assistance arises.

(i) Which are the measures that have been taken?

Due to the current restrictions on freedom of movement Public Notaries will only be required to provide their services in cases deemed urgent.

Therefore, any previous communication with the Notary must be made either by phone or via telematics means. A form will be made available through the web page of the “Notariado”’ (www.notariado.org) by which anyone who requires the assistance of a Notary Public will make their personal identification details known as well as the service they request. 

If that particular case qualifies as urgent, the Notary Public will summon the person who has required their services, and only that person, to come to their office. No one else will be able to attend.

The services will exclusively be provided at the Notary Public’s office, and they will not exceed the time deemed strictly necessary for their completion.

(ii) How may we be able to help?

There is no doubt that the measures explained above will create confusion and delays, since every request submitted will have to be analysed in order to determine the concurrence of the aforementioned urgency or lack thereof, especially considering that said requirement is mostly left up to interpretation by the Notary Public.

Consequently it is to be expected that a large number of cases will be deemed not urgent or not urgent enough, therefore leaving the needs of many people who requested the Notary Public’ services unattended.

Here is where our assistance may come in handy, as we can help you fill out the required form, where necessary, highlight the urgency of your case as well as to help get in touch with our trusted Notaries that may be able to provide the services you require. 

In short, from Dentons we want to let you know that we are at your entire disposal to provide any legal service or assistance you may be in need of in relation to the notarization or legalization of any document in Spain, especially if you face any problems with the availability of any Notaries.