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REFORMS TO THE NOTARY LAW
[/vc_column_text][us_separator][vc_column_text] On November 7, the Legislation and Constitutional Affairs Committee of the Legislative Palace issued Opinion No. 41 in favor of a Decree that seeks to take advantage of the benefits achieved with the development of new technologies and the use of electronic signatures, focused on the safekeeping and conservation of protocol books in charge of the Notarial Section. In this way, the REFORMS TO THE NOTARIAL LAW were presented. This Decree, which will come into force on January 1, 2023, is composed of 14 articles. Its objective is to highlight the articles that have been altered and the norms that will govern the practice of Notaries, guaranteeing at all times the legal security that the practice must provide. In its first article, Article 23 is amended to make it mandatory to submit to the Notarial Section an electronic document signed using a certified electronic signature, both for out-of-print or expired protocol books and their annexes. Article 24 of the Notarial Law, as amended by Article 2 of the legal corpus referred to here, establishes that attached documents that are to be part of the physical protocol shall be formed into a separate electronic document; the electronic document shall be submitted at the same time as the protocol book. Article 25 has been amended to the effect that, if the notary fails to comply with the legally enforceable obligations, new pages for new books shall not be authorized, and the Notarial Section shall electronically record the return of the protocol books in separate entries, which shall contain the delivery date, number of pages, authorized instruments, and annexes. In the event that the Notary Public is absent from the country for a period beyond the expiration date of their protocol, they must submit it electronically to the Notarial Section, stating the reason for its closure. If they return earlier, they will notify the Notarial Section and electronically communicate authorization for continued use. Once the electronic protocol document has been submitted, the notary public may not issue any certification, and the content and attachments may not differ from the electronic document submitted. Article 6, which amends Article 45, establishes that, once the books have been returned, the certifications must be issued in an electronic document with an electronic signature certified by a competent authority. If a second or subsequent certification is to be issued, the opposing party must be summoned when this formality is required. A technological verification mechanism has also been implemented to allow interested parties and authorities to validate the authenticity of the electronic document. Furthermore, Article 46 of the Notarial Law was repealed, and Article 47 was amended to provide that, when a certified copy of any nuncupative will executed before the Notarial Court, it must be sent to the Notarial Section in an electronic document with a certified electronic signature within five days of execution. The Court will maintain a special file of these certified copies and, by prior agreement, will establish the fees that notaries and users must pay for these services. Finally, it is hereby stated that implementation and compliance with the provisions of said decree will be mandatory within six months of its entry into force. This will also entail the repeal of the powers of First Instance Judges with jurisdiction in civil matters, as regulated in Articles 5, paragraph 2, 31, and 48 of the Notarial Law. [/vc_column_text][us_separator][vc_column_text] Written by: Lic. Valería García [/vc_column_text][/vc_column][/vc_row]
