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How you can now carry out notary processes online in Spain

A new law has come into force in Spain allowing both notary processes to be carried out electronically and notarised documents to be digitised, making dreaded Spanish bureaucracy a lot more straightforward.

How you can now carry out notary processes online in Spain
Pictured is a woman on the computer. Photo: Marek Levak / Pexels

Anyone who has lived in Spain for some time will be very familiar with the country’s love for paperwork – so many forms to sign, copies of documents you need, and files to store everything in, as well as the need to go everywhere in person. 

So much paperwork has been generated over the years in fact that the Colegio Notarial de Cataluña (College of Notaries of Catalonia) has a whopping 13km of documents stored underneath its headquarters in Barcelona.

While the whole bureaucratic process may not be changing, one thing that is set to get easier is the fact that all notarised documents can now be digitised and notary processes can be carried out online. 

A new law recently came into force that allows for the creation of the electronic notarial protocol, which will speed up the exchange of information and almost immediately generate millions of electronic copies of notarial documents.

What is a notary?

Notaries advise and oversee the signing of contracts, notarial deeds and acts of legalisation. They are typically used for one specific purpose, such as signing and exchanging the deeds when you buy a property. They act on behalf of the law rather than a private client. 

READ ALSO: What’s the difference between a gestor, a lawyer and a notary in Spain?

Up until now, you will have most likely only received a physical copy of your property deeds, but this could all be about to change.

The new law means that those living in Spain will now be able to locate the notaries who have originals of their deeds and ask for digital copies of them. They will also be able to hold secure video conferences with them, and consult and exchange documentation prior to signing the public deed.

The General Council of Notaries estimates that digital requests from citizens and companies could exceed 13 million a year.

Notaries will also be able to provide some notarial services online such as the creation of online companies, in response to the requirement of the European Union directive to allow any citizen to establish a limited company in another member country without the need for physical presence.

Notarial videoconferencing will also be able to expedite urgent corporate procedures for companies or resolve corporate situations when it’s difficult to bring all the parties together. This could include capital increases, appointment of administrators, changes of company address or the minutes of a general meeting.

The new Citizen’s Notarial Portal

All these services will be provided at the Notarial Electronic Headquarters – a space equipped with the highest security measures obtained by the National Security Scheme (ENS).

The Citizen’s Notarial Portal is the gateway for citizens and companies to be able to access the Notarial Electronic Headquarters. During the first three hours of the new electronic portal being online, 1,000 people had already signed up and now more than 300,000 individuals and legal entities have registered.

How to register yourself on the Citizen’s Notarial Portal?

If you are an individual, rather than a company you can register yourself on the portal, by following these steps.

From the homepage, select ‘Regístrate’ or ‘Register’. Once you’ve clicked on this you will be taken to a  separate page to complete a registration form with all your personal information. This will include details such as your NIE number, the expiry date on your residency card, name, birthday and address. 

Once this form is completed and sent, you will receive an email and an SMS with a code to verify that the registration has been completed successfully.

When this is done, you can access your personal profile and carry out the procedures you want. For all types of procedures via the Notarial Portal, a digital certificate is needed to identify yourself and digitally sign all the documents that are required.

Which processes can I now carry out online?

From now on, the following can be signed electronically:

Corporate acts
Payment letters
Creation of limited companies
Cancellation of guarantees
Legitimation testimonies
Commercial policies
Power of attorney

It’s important to keep in mind, however, that not everything will change at once and that many processes will still be carried out in person and require physical documents.

“Digital services are an option for citizens and companies. Notaries will continue to provide their services mostly in person, throughout the country, avoiding any digital divide,” explains José Ángel Martínez Sanchiz, president of the General Council of Notaries.

“The provision of a quality, agile and friendly service, with the maximum guarantees of security and legal protection, continues to be the main objective of notaries. The legislator has opted for prudence, recognising the value of the notarial service in person,” he adds.

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HEALTH

EXPLAINED: Spain’s plan to stop the privatisation of public healthcare

Spain’s Health Ministry has announced a new plan aimed at protecting the country's much-loved public healthcare system from its increasing privatisation.

EXPLAINED: Spain's plan to stop the privatisation of public healthcare

In 1997, at the time when former Popular Party leader José María Aznar was Prime Minister of Spain, a law was introduced allowing public health – la sanidad pública in Spanish – to be managed privately.

According to the Health Ministry, this opened the door to a model that has caused “undesirable” consequences in the healthcare system for the past 25 years.

Critics of the privatisation of Spain’s public healthcare argue that it leads to worse quality care for patients, more avoidable deaths, diminished rights for health staff and an overall attitude of putting profits before people, negative consequences that have occurred in the UK since the increased privatisation of the NHS, a 2022 study found

Companies such as Grupo Quirón, Hospiten, HM Hospitales, Ribera Salud and Vithas Sanidad have made millions if not billions by winning government tenders that outsourced healthcare to them.

On May 13th 2024, Spanish Health Minister Mónica García took the first steps to try and rectify this by approving a new law on public management and integrity of the National Health System, which was published for public consultation.

The document sets out the ministry’s intentions to limit “the management of public health services by private for-profit entities” and facilitate “the reversal” of the privatisations that are underway.

It also aims to improve the “transparency, auditing and accountability” in the system that already exists.

The Ministry believes that this model “has not led to an improvement in the health of the population, but rather to the obscene profits of some companies”. 

For this reason, the left-wing Sumar politician wants to “shelve the 1997 law” and “put a stop to the incessant profit” private companies are making from the public health system. 

The Federation of Associations in Defence of Public Health welcomed the news, although they remained sceptical about the way in which the measures would be carried out and how successful they would be.

According to its president, Marciano Sánchez-Bayle, they had already been disappointed with the health law from the previous Ministry under Carolina Darias.

President of the Health Economics Association Anna García-Altés explained: “It is complex to make certain changes to a law. The situation differs quite a bit depending on the region.” She warned, however, that the law change could get quite “messy”.

The Institute for the Development and Integration of Health (IDIS), which brings together private sector companies, had several reservations about the new plan arguing that it would cause “problems for accessibility and care for users of the National Health System who already endure obscene waiting times”.

READ MORE: Waiting lists in Spanish healthcare system hit record levels

“Limiting public-private collaboration in healthcare for ideological reasons, would only generate an increase in health problems for patients,” they concluded.

The way the current model works is that the government pays private healthcare for the referral of surgeries, tests and consultations with specialists. Of the 438 private hospitals operating in Spain, there are more who negotiate with the public system than those that do not (172 compared with 162).

On average, one out of every ten euros of public health spending goes to the private sector, according to the latest data available for 2022. This amount has grown by 17 percent since 2018.

However, the situation is different in different regions across Spain. In Catalonia for example, this figure now exceeds 22 percent, while in Madrid, it’s just 12 percent, according to the Private Health Sector Observatory 2024 published by IDIS.

Between 2021 and 2022, Madrid was the region that increased spending on private healthcare the most (0.7 percent), coinciding with the governance of right-wing leader Isabel Díaz Ayuso, followed by Andalusia (0.6 percent).  

READ MORE: Mass protest demands better healthcare in Madrid

Two years ago, Andalusia signed a new agreement with a chain of private clinics that would help out the public system over the next five years.

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