CGL20170608_16_31_17 Law 11/2017, of 25 may, notaries Law 11/2017, of 25 may, notaries since the General Council in its session of the day may 25, 2017 has approved the following: law 11/2017, of 25 may, notaries preamble as made clear in the preamble of the law notaries of 28 November 1996, the figure of the notary public is deeply rooted in the legal history of the Principality of Andorra, because that goes back to the second Pariatge of 6 December 1288. Indeed, the Manuel Digest, written in 1748 by Antoni Fiter i Rossell, shows the importance of the notarial institution, which devotes chapter VII of book II; in particular you can read that "the Notary or Clerk of valleys of Andorra it they call, and Crean alternatively for life you Ittm. Mr. Bishop of Urgell, and Mr. Mind, count of Foix. and both created by a, as to other Prince, the firm with the following form; Regular condominorum Illmorum Andorrae Authoritate et Vallium. Episcopi Urgellen. Comitis et Notarius publicus, Fuxi dictarum Vallium [...]. In sas Escripturas are women full fee for all the world, and the Apostolic authoritat as he has said. In the vacancy you Notary or Escrivana. This general Council Consultation two men, the greatest probity, common herd makes the Doena the Prince in which he plays the Nominacio, or creation of a notary, of which appoints a "Privilegium Vide.
The Faculty of the General Council to present two people suitable for govern the clerk of the valleys of Andorra, as pointed out by Antoni Fiter i Rossell, was granted by the episcopal Co-Prince Andrew chapel on February 8, 1607, at the request of the consuls, the directors and the people. Until then, this prerogative belonged exclusively to the fellow Lords. On the other hand, by virtue of that same privilege is sent for the first time that the manuals, books and other legal instruments, both as extrajudicial killings, will leave the public clerk and extract of the country, and also detailed that the choice of notary, which had to be unique and that constituted a lifetime role, belonged so alternative to each of the two co-princes.
The practice of alternative appointment of notary remained in force until, with the decline of the notary powers attributed to the rectors of parishes, sanctioned by a decree of the episcopal Co-Prince Francesc Fernández de Xàtiva, of 17 March 1769, in turned out to an increase of the activity of the notary. It is for this reason that from those years ahead the co-princes named for contemporary a notary, between two candidates proposed in each case by the General Council.
Notarial system persisted until the end of the last century, and it was tentatively confirmed despite the approval of the Constitution, given that the additional provision that is contained in title VIII of the law of Justice, on 3 September 1993, this was set up as a law does not determined the special conditions that require the new notaries. This law was passed on 28 November 1996, with the aim of defining and regulating the notarial function in accordance with the Andorran legal tradition and subject to the constitutional principles of legality, legal certainty and responsibility of public authorities, and also to establish the basic statutory profession, the main requirements of the public instruments and the granting , the governing body of notaries and the transitional law rules on the exercise of the profession. Subsequently, the law notaries was developed and completed widely by the general regulation of notaries, of 20 February 1998, which had an impact in a more detailed form in the notarial function and the rules relating to public instruments, and also regulate the General archive of Protocols and the Central Register of provisions of last will.
The two legal regulations mentioned, while allowed to travel along in orderly fashion and with the appropriate guarantees to a new model of Attorney, and consolidate it in thoroughly, were designed and promoted with the aim of making this transition possible and, therefore, after almost twenty years of life, it has been confirmed that it was necessary to adopt a new legal standard that unforgettable monipodio on the principles guiding the current Law but at the same time the complete and modernitzés in accordance with the needs and the current challenges.
It is for this reason that it promotes a new law notaries, which is broken down into seventy-four articles, three transitional provisions, a repealing provision and three final provisions.
The first chapter of the title and regulates the General provisions relating to notaries and to the profession of notary public. So, is attributed to notaries exercising public faith in all the relations of private law you wish to make or declare without the intervention of the jurisdictional organs, while the notary is defined as the professional of law invested public function which gives authority to attest contracts and other extrajudicial acts, preserve them in protocols and issue copies. Then lists the other functions that can be performed by notaries, it sets out the territorial scope of activity, and develops the concept of the obligation of the service in relation to the functions that are assigned to it. After fixing the causes of abstention of notaries, discriminating and own their condition, it regulates the remuneration, in the form of fees, and will take into account the expenses caused by the exercise of its functions, which in all cases are challenged before the jurisdiction.
The second chapter of the title and determines the procedure for fixing the number of notaries, the requirements that must be met in order to exercise the profession, spanning the academic training, good conduct and technical fitness and training, and the rigorous regime of incompatibilities which are subject. Then detailed the selection procedure, based on the principles of objectivity, transparency and publicity, have as their appointment is carried out and what are the grounds for dismissal, and establish the initial and continuous training required to become a notary.
The third chapter of the title and affects properly in the exercise of the profession, all detailing the legal regime of the notary protocols and obligations in relation to these protocols, and regulating its also the custody and the destination in the event of cessation of notaries and removal of the notary public. Then develop the principles of rogació and of free election of the notary, the duty of insurance, and the control of the notarial activity by the Ministry responsible for Justice, that is embodied in the inspections and the possibility of promoting a disciplinary procedure.
The fourth chapter of the title and refers to the regime of responsibility. In particular, subject to disciplinary liability Notaries and defines the competent body to deduct this responsibility, as well as its composition. Also lists the rights of the notary that is the subject of a disciplinary procedure, and regulates this procedure and provisional measures that can be adopted, always from the perspective of respect for the General principles of law in administrative sanctioning. Below are listed the infractions that can make the notaries in the exercise of their functions, which can be very serious, severe and mild, as well as the corresponding penalties. It also notes the prescription of infringements and penalties mentioned, the graduation of these sanctions, the extinction of the responsibility and the annotation procedure and sanctions, as well as the rehabilitation.
On the other hand, the title II, which is broken down into three chapters, regulates the Chamber of Notaries, the General archive of Protocols and the provisions of last will. With regard to the Chamber of Notaries, is setting up as a body of public law and professional character, you have to belong compulsorily all notaries, and details the functions. In relation to the General archive of Protocols and the provisions of last will, it defines the nature and who has to take care of expenses that results in management and maintenance. In addition, it also regulates the delivery of the protocols by the General archive of Protocols and the right of access that have the notaries, and the procedure of registration, communication and delivery of certificates concerning the provisions of last will.
Title III is devoted to the regulation of public instruments, and starts with a first chapter that refers to the General provisions. So, will define the public instruments and details the content; relate to the requirements of public instruments, all focusing particularly in the language with which they write and read and the figure of the witness, and also regulate the consequences of the violation of these requirements. Finally, the chapter that refers to the amendments and modifications you need to make the public instruments.
Then, the second chapter of title III has an impact on the public scripts. Once more it details the content, and are listed in detail the requirements that make up. It also regulates the voluntary or legal representation of the people of the Scriptures, and the grantor public vicissitudes arising from the fact that these people are abroad or that have been classified documents that have been issued to the alien. Then it refers to the description of the goods or, in the review of the titles of ownership and in the designation of the charges and the charges of the public scripts, and how to compose the contents of contract of these Scriptures. Ultimately, it enshrines the principle of unity of self in the granting of the Scriptures and establishes how it carries out reading and signing.
The third chapter of title III relating to the content and requirements of the notarial acts, and defines and details the different kinds, namely: the acts of presence, of reference, notoriety and notarisation, and notarial deposits.
With regard to the fourth chapter of title III, is devoted to the regulation of the originals or arrays for public instruments on the one hand, and to the copies, certificates and testimonials on the other hand. In addition, it has an impact on how it is done the display and delivery of copies and certificates mentioned, and establishes the right of administrative appeal and, subsequently, jurisdiction, in the event that this display or delivery has been denied by the notaries.
Finally, chapter five of the title III governs the marginal notes, and in particular the procedure and registration of these notes.
The law follows with three transitional provisions that, among other issues, establish the need to draw up, propose and approve the ethical standards of notaries, the scales relating to remuneradors fees, and internal rules of operation and self-financing of the Chamber of Notaries, which are compliant with the new legal framework. And that also envisage the obligation of notaries to deliver in the General archive of Protocols the protocols scanned and indexed properly, with regard to public instruments that will be authorised on the basis of the calendar year following the entry into force of the law, while the conditions of delivery of authorized instruments in advance must be made the subject of an agreement between the Chamber of notaries and the Ministry responsible for justice.
The repealing law derogates notaries, of 28 November 1996; the general regulation of notaries, of 20 February 1998, and the Decree relating to the notary protocols, on 3 March 1999.
Ultimately, the law ends with two final provisions and an annex which qualify the provisions that establish the incompatibilities of notaries; fix the date of entry into force of the law, and established the model of the seal of the notary.
Title i. legal chapter. Functions, scope of activity, abstention and fees Article 1. General provisions 1. The notaries, which is formed by all the notaries of the Principality of Andorra, the public faith in all the relations of private law who wish to establish or declare without the intervention of the jurisdictional organs.
2. the notaries are legal professionals investides public function that, in accordance with this Act and the applicable regulations have remaining authority to attest contracts and other extrajudicial acts, preserve them in protocols and issue copies.
3. notaries public, jurymen, in the fix with accuracy in the sphere of what they see, hear and perceive your senses, and also fixed in the sphere of law the authenticity and probative force of the will of the people who give the public instrument and that they draw up in accordance with this law and the remaining applicable regulations.
4. notaries perform their functions with full autonomy and independence, and in free and loyal competition, notwithstanding the hierarchical dependency of the Ministry responsible for Justice in the framework of the provisions of this law.
In the exercise of the profession, notaries are subject to the Constitution, the laws and the rules and uses that make up the professional codes of the profession.
All notaries are assigned the same duties and the same rights and obligations that determine this law and remaining applicable regulations.
5. the notary must provide media always human, technical and material necessary for compliance because of the functions that have assigned to it.
Article 2. Functions 1. The notaries have the following functions: to) give public faith all acts and contracts that license under the form of a public instrument, subject to the laws and applicable regulations and remaining, subsidiary, in accordance with custom.
b) Advise and advise people who want to give a public instrument on the most appropriate legal means for the attainment of the legitimate purposes intended, emphasizing the social dimensions and warranty and consumer protection of the notarial function.
c) the other functions that refer to the applicable regulations and, in particular, the civil procedural legislation in force.
2. the notary public, he drafted the instrument in accordance with the will of the people who give, and interpret and adapt this common to the current legal system, while informing them of the value and scope of the writing, and attending especially the grantor and it appearing people need. In writing the public document, are notaries must ensure that the people who presented themselves on equal terms, so you know the content of the instrument and their respective positions.
These principles of action are also applicable when the in-house notaries public instrument according to minuta or when running a tool public a private document.
Article 3. Field of action and forcing the service 1. The scope of action of the notaries extends throughout the territory of the Principality of Andorra.
2. The performance of the functions entrusted to the notaries established in paragraph 1 of article 2 is mandatory. The notary that is required for this purpose can not deny his participation or performance, unless justified.
3. Are the causes that justify that deny the notaries or action: a) When in the opinion of the notary of the grantor people of a public instrument is lacking the legal capacity necessary to this effect.
b) When the representation that invoke the person who appears before the notary and that acts on behalf of another person is not duly registered or not appropriate in accordance with the law.
c) When the public instrument which the notary has to authorize it, in whole or in part, contrary to the law.
d) When the notary sees for justified that their impartiality and independence may be compromised.
3. The refusal of the notaries to provide their services without justified cause, or the realisation by his part of acts contrary to the applicable law, entitle the person interested to make demand for liability and claims for damages before the Civil Section of the Council.
Also, the person who is deemed aggrieved by the refusal mentioned may request, with urgent, a legal declaration that required the notary to provide services in relation to which it has been requested. This demand must be addressed to the Administrative Section of the Council, in order that their knowledge is attributed to the mayor or the Court to whom corresponds to turn. Once heard the notary interested, and within a maximum period of fifteen days of the filing of the lawsuit, the Court shall issue a summons to solve the dispute, which is final.
4. The notaries have the duty of professional secrecy with regard to all facts and news of which they have knowledge in the exercise of its functions.
Article 4. Abstention 1. Notaries should refrain from exercising the functions that are assigned in the following cases: a) When they have to authorize a public instrument in which it is issued stating the rights to your advantage or have a direct or indirect interest in the object of the public document.
However, you can authorize your own Testaments, powers of any kind, writings of cancellation and termination of obligations, and scripts that posposin rights of which are holders or where only contract obligations.
b) When they have a relationship of marriage or cohabitation situation analogous, or a kinship in a straight line, or in collateral line by consanguinity or adoption up to the fourth degree inclusive, or by affinity up to the second degree inclusive, with any of the people who have public instrument grantor to authorize.
c) When they have to authorize a public instrument in which it is issued stating the rights in favour of a person with whom they have a relationship of marriage or cohabitation situation analogous, or a kinship in a straight line, or in collateral line by consanguinity or adoption up to the fourth degree inclusive, or by affinity up to the second degree inclusive.
It excepts the wills in which State trustees or accountants partidors the people with whom they have one of the relationships mentioned in the previous paragraph, and the powers for lawsuits in which they are apoderades the same people.
d) When any of the grantor of the people public instrument that must authorize a commercial society in which the notary, your spouse, the person with whom you keep a situation of cohabitation similar or a relative in a straight line, or collateral line by consanguinity or adoption up to the fourth degree inclusive, or by affinity up to the second degree inclusive , a participation higher than 20% of the share capital, have the Administrator status only, set or labour or solidarity, or participate in the body of administration and have more than 20% of the voting rights.
2. the notary may also abstain in cases justified in what they consider that, in the exercise of their functions, their independence or impartiality may be committed.
Article 5. Fees and expenses 1. The services of notaries are remunerated in the form of fees. The fees of notaries are set in accordance with a schedule approved by the regulations by the Government, a non-binding proposal from the Chamber of Notaries.
2. the notary may not receive any remuneration for the assessment or the wording of the instrument that will be authorised.
However, they can receive half of the amount of the fees set and approved which had achievements, in the event that the public instrument had been authorized, if the drafting of this instrument has been completed and has been put at the disposal of the person who has required the intervention or the intervention of a notary, but should not be granted for reasons that are not attributable to the notary.
3. notaries, in a public instrument, should assist in the collection of the tax obligations that are established legally without receiving any remuneration for that purpose.
4. The notary fees and expenses arising out of the exercise of its functions, in the case that does not conform to the rules in force and applicable schedules or may be disputed before the mayor or the Court of the Administrative Section of the Council who corresponds to turn, in accordance with the procedure applicable to incidents of execution of judicial resolutions.
Second chapter. Organization, access, training, and termination Article 6. Number the number of notaries is set by agreement of the Government, depending on the needs of the country, for the due provision of the services that have entrusted, with a minimum of four notaries and a maximum limit of a notary for each ten thousand inhabitants.
Article 7. Incompatibilities and requirements 1. In order to exercise the profession of notary public must meet the following requirements: a) having the Andorran nationality.
b) Be in full possession of the civil and political rights.
c) not being convicted of crimes over wrongdoing or crimes linked to the unwise exercise of public functions or jurisdiction, while not been produced the cancellation of criminal records.
d) hold at least a degree of level 4 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government.
e) have passed the examination of technical fitness and training and have studied and have validated the corresponding initial training.
f) not be inability to the exercise of the profession or be included in any cause of incompatibility established in this law, or prohibition to exercise the profession.
2. The exercise of the profession of notary is incompatible: in) With the exercise of any public post, is elective, is designation.
b) with the provision of services in statutory or work on behalf of the public administration.
c) With the exercise of the legal profession or tries to, or with the provision of paid services on behalf of the Association of Lawyers of Andorra or the official College of Attorneys of Andorra.
d) With the exercise of any other commercial, industrial or professional activity.
e) and, in general, with other posts or functions of any type in companies or business companies, both public and private.
3. Are still compatible with the exercise of the profession of notary activities relating to: a) the management of the heritage or family.
b) participation in congresses, conferences, seminars or courses.
c) production and literary, artistic, scientific and technical creation.
d) teaching and academic research.
e) unpaid participation in associations and non-profit foundations.
Article 8. Selection 1. The selection of the notaries is done by agreement of the Government, among people who meet the requirements listed in paragraph 1 of article 7, by the procedure of contest opposition, which must respond to the principles of objectivity, transparency and advertising.
2. The Government announced and prepared the opposition and it is the Court that must weigh the evidence and to assess the candidates.
3. During the contest will value the merits indicated in the curriculum provided by the people allowed in the selection process, according to the scale that made public the Government on the basis of the call for proposals, granting to each merit a reasonable weighting.
4. In the phase of opposition candidates held at least three tests: a theoretical about the subject previously published by the Government on the basis of the call for proposals; a practical, in which it is proposed the resolution of one or more cases, in legal areas indicated in the rules of the call, and a third of languages. The first two tests should contain at least an exhibition of oral character. The basis of the call for applications indicates the weighting of each test in the global assessment of the process.
5. The tribunal is composed of six members and is chaired by the Minister responsible for Justice or a member in whom he may delegate this function. In part also the president of the Chamber of Notaries, the president of the High Court of Justice, the president of the Council and two other jurists of recognized training and experience, appointed by the Government, one of which has to exercise the profession in the Principality of Andorra and the other of which has to exercise outside.
6. The same court valued the two phases of the selection process and makes public the list of candidates who have obtained the highest score, in number equal to all the places that you have to cover.
7. The selection process includes a test to verify that there is no/psycho impediments that incapacitin the person for the exercise of the function of a notary. The bases of the call down the moment in which it takes place this test, which has as a result a rating of pass or fail. In the case of an assessment as not suitable, the candidate is excluded from the call. The exclusion to this cause is not listed separately or specific to the lists that are made public on the results of the selection process.
8. If any of the vacant seats announced, because the tests have not been passed, is for any other reason, it announces a new contest opposition within a maximum of three months, in order to comply with the provisions of article 6.
Article 9. Initial training
1. Completed the selection process and before taking possession of the functions, the notary must follow an initial training of a minimum duration of six months, which must necessarily include placements in a notary.
2. The Ministry responsible for Justice determines the content and the duration of the initial training and, if necessary, validate the training, in the terms that have been indicated in the conditions of the call of opposition. Also decide who has to take care of the expenses of the initial training.
Article 10. Appointment 1. In accordance with the assessment in the selection process and the list of candidates published, and once accomplished, and validated the initial training, the Government appoints the notaries.
2. the notaries take possession of their duties after having given an oath or promise in front of the Minister responsible for justice.
Article 11. Cessation 1. Notaries are constant in their functions: a) To the waiver, you must notify the Ministry responsible for Justice and to the Chamber of Notaries with at least six months in advance. However, the rights and the duties of a notary is not constant while the resignation has not been accepted.
b) to imposition of penalty, the main or complementary, opt for the exercise of the trade or the post.
c) to sanction imposed by a very serious, in accordance with the corresponding disciplinary record, of expulsion from the profession.
d) To incur any grounds of incompatibility or disability, or prohibition to exercise the profession.
e) for retirement, on reaching the age of sixty-five years.
f) to death.
2. the notaries who have ceased in its functions cannot defend as natural or legal persons, lawyers, who have been a public instrument grantor that have authorized in the last year of the exercise of its function of Attorney, during the six months following cessation.
Article 12. Lifelong learning 1. Notaries must follow a continuous training.
2. The Ministry responsible for Justice, with the collaboration of the Chamber of Notaries, determines the content and duration of lifelong learning, as well as the possible validation of this training.
3. The costs of continuing education are in charge of notaries.
Third chapter. Exercise of the profession Article 13. Notarial Protocols 1. The notary protocols belong to the Andorran State and comprise the set of public instruments that consist of the Scriptures and the original acts authorized by a notary in the course of a calendar year.
2. the notary public in the instruments correlatively numbered in chronological order of their authorisation, the pages of which should also be numbered correlatively, and incorporate your current calendar year protocol.
3. Before the end of the month of June of each year, the previous year's protocol relliguen notaries in volumes that include public instruments sorted according to their number. At the end of the last volume there include the annual index.
4. During the first week of each month, the notaries are to the president of the Council an index, in double copy, of the public instruments that have authorized during the previous month, which must contain the protocol number, the date, the name and surname of the grantor people, the Act of what it is and the number of folios. The president of the seals and visa indices and returns immediately to notaries, who retain a copy and ask for the submission of the other copy in the archives of the Chamber of Notaries within a maximum period of one month.
5. Notaries must ensure the perpetuity and the good conservation of public instruments in custody and, if not, incur civil liability and the corresponding disciplinary.
Article 14. Custody of the protocols in the event of termination 1. The protocol of the notary who removed the charge is under the custody of the notary that it happens. However, while the notary that happens does not take possession of the Office, the Chamber of Notaries designates one of its members to take over temporarily in the custody of the protocol, within a maximum period of three days from the day on which it becomes effective at the end.
2. When a notary continues in Office, the president of the Chamber of Notaries extends on the same day a stagecoach in continuation of the last public instrument of its protocol that specifies the fact that the notary the notary who has ceased in the post has been vacant, the legal cause of the termination and the number of public instruments that has authorized until then and the number of sheets on which are broken down and must contain the signature, the sign and the seal of the president of the Chamber of Notaries.
3. once extended the due diligence mentioned in the previous section, the president of the Chamber of Notaries I communicated to the Ministry responsible for justice. From then and until the Chamber of Notaries do not designate one of its members to take over temporarily in the custody of the protocol of the notary who has ceased in the post, not can incorporate any other public document or any other document.
4. While the notary that the notary who has ceased in the post has not taken possession of his Office, all instruments authorized by the notary public that replaces temporarily incorporated to its protocol.
5. The notary that happens to the notary who has ceased in the Office informs the Ministry responsible for Justice and the Chamber of Notaries, within a maximum period of three months from the day on which he receives custody of the protocol, of its state of conservation and their adaptation to the requirements established by law.
The notary what happens the notary who has ceased in the post is responsible for the gaps or deficiencies that may exist in the protocol the custody of which it has received if you haven't actually stated in the term indicated by bad faith or gross negligence.
Article 15. Fate of the protocols in case of removal of the notary in the event of the deletion of a notary, the protocols are part of the General archive of Protocols and should be delivered to this effect by the notary public interested in the terms established by sections 1, 4 and 5 of article 36.
Article 16. Principles of free choice and rogació 1. The notary can only act with the previous rogació of the interested persons, except in cases established by law.
2. People interested have the right to the free choice of a notary. In order to guarantee this right, are prohibited professional associations between notaries and professional associations of notaries or trading with other qualified professionals.
However, in demand of notaries who are interested and if you are meeting a cause contrary to the general interest, the Ministry responsible for Justice may authorize the establishment of two notaries in the same notary, provided it does not violates the right to free choice of a notary.
3. Without prejudice to the provisions in the previous section, prohibited the establishment of two or more notaries who do not belong to the same notary on the same property.
However, on demand of the notary public interested and if not it concurs a cause contrary to the general interest, the Ministry responsible for Justice may authorize the establishment of a notary at the same building where previously there have been another notary.
4. When there is more than one person providing a public instrument, the choice of notary corresponds, in the absence of express agreement, the person you have to meet the fees of the notary or the greater part of these fees.
However, in the contracts of sale or loan with mortgage, the choice of the notary is always on the buyer or borrower, respectively.
5. Notaries must refrain from making any type of advertising professional.
Article 17. Duty of insurance 1. To respond to the responsibility which may be incurred in the exercise of the profession, notaries have to hire and keep in force a civil liability insurance, an insurance company authorized to carry out the activity in Andorra, for a total of no less than 600,000 euros. This amount may be modified in accordance with the law of the budget.
2. the notary must certify continuously by the Ministry responsible for justice the fulfilment of the duty of insurance.
Article 18. Signing, initialling, sign and seal 1. The notaries have to register your signature, your rubric, your sign and his seal to the Ministry responsible for justice.
2. The seal of the notary must conform to the model that has as an annex to this law and must include the name and surname of the notary and the parish where it is established by your notary.
Article 19. Control of the activity 1. Without prejudice to the autonomy and independence of which enjoy the notaries in the exercise of its functions, the professional activity of a notary is subject to the control of the Ministry responsible for justice.
The control, which can cover the conformity to the right of the proceedings carried out by notaries, in the framework of this law, and the remaining applicable regulations, can be made at any time.
2. The Ministry responsible for Justice may order the appropriate inspections by the notaries, with the frequency that it deems appropriate, for the purpose of verifying the compliance with the provisions established by this law and applicable regulations, and remaining in order to ensure the proper exercise of the functions attributed to notaries.
The Minister in charge of Justice appoints the person or people with powers of inspection, in the mission and is the recipient of the result of the inspection.
3. The Minister in charge of Justice communicated to the disciplinary body to which refers article 21 the deficiencies or possible deficiencies, so that option was incoï the disciplinary record and issued the appropriate resolution.
The fourth chapter. Article 20 liability regime. Disciplinary liability 1. Notaries are subject to disciplinary liability arising from the breach of this law and ethical rules proposed by the Chamber of Notaries and approved by the Government.
2. The disciplinary responsibility is separate from civil and criminal liability that may correspond to the notary for the same facts.
Article 21. Disciplinary body 1. Disciplinary is exercised by the disciplinary body, which is integrated by the following members: a) the president of the Chamber of Notaries, or, if applicable, the person replacing it or which fills in the Office.
b) two representatives of the Ministry in charge of Justice, appointed by the Minister from among civil servants or agents of the administration of indefinite who occupy positions of leadership, command or responsibility.
c) a representative of the Ministry in charge of finance, appointed by the Minister from among civil servants or agents of the administration of indefinite who occupy a position of leadership, command or responsibility.
2. Any claims or complaints that may be formulated against a notary are addressed to the Minister responsible for Justice, which reports to the president of the Chamber of notaries and, if applicable, the person replacing it or which fills in the Office.
3. If in the course of the processing of disciplinary proceedings is manifest evidence of conduct that may constitute a criminal offence, the disciplinary body must make the Court and suspend, then the processing of the case mentioned, which interrupts the calculation of terms of prescription and expiry, until until a firm resolution in the criminal field.
On the other hand, when you are instructing or judging a criminal proceedings for the same facts that have originated or shall behave in a disciplinary file, or other events that are closely linked, they should start the processing of the disciplinary file, if it has not been started before, and then suspends the processing, which interrupts the calculation of terms of prescription or expiry date until until a firm resolution in the criminal field.
In any case, the statement of facts that can be proven to the Criminal Court is binding on the disciplinary body.
Article 22. The notary rights that are the subject of a disciplinary procedure have the following rights: a) the right to be informed of the facts that they are allocated, the infractions that these facts may constitute, of sanctions that may be imposed, the identity of the person designated as an instructor and the competent body to impose the sanction.
b) right of access to the disciplinary file, to know the State of the procedure and to get copies of the documents, under the terms of the code of the administration.
c) right to formulate allegations, to come up with the tests they deem appropriate and to use all means of defence allowed by the legislation they are coming from.
d) the right to the presumption of innocence and not to testify against themselves.
e) the right to be assisted by a lawyer during the processing of the file, of free election by the part of the notary public and at your expense.
f) the right to obtain a reasoned resolution.
g) any other rights that recognize the Constitution or the laws.
Article 23. Disciplinary procedure 1. The disciplinary procedure the disciplinary body starts by opening a disciplinary record, as a result of the communications referred to in paragraph 3 of article 19 and paragraph 2 of article 21, which will apply with respect to the General principles of the system of sanctions.
2. The disciplinary body designates an instructor among its members to instruct the transcript and to formulate, within a maximum period of one month, the corresponding charges, which must include the facts charged, with expression of the infringements allegedly committed and the sanctions that apply to you.
3. The disciplinary body must be notified in writing to the notary shall expedientat of the file, the designated instructor and the schedule of charges. The notary expedientat has a period of ten working days to make allegations and to request, if appropriate, the practice of testing understanding necessary for his defence.
Answered the charges or after the deadline without doing so, the instructor can do the tests requested as it deems appropriate within a month. Then, you must give the file expedientat to the notary, so that within a period of ten working days to provide the conclusions it deems appropriate.
4. The disciplinary body, which cannot join the designated instructor, you must issue within the period of 15 working days the corresponding resolution, which must be motivated and cannot include facts other than those which have based the charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it must accurately determine the offences committed, the precepts which are classified and the sanctions imposed.
The resolution is adopted with the favourable vote of the majority of the members of the disciplinary body, except the designated instructor.
5. The decision of the disciplinary authority exhausted administrative remedies and can be challenged before the Administrative Section of the Council, in the terms established by the law of the administrative and tax jurisdiction.
Section 24. Precautionary measures 1. The disciplinary authority may, by reasoned decision, the provisional suspension of the exercise of the profession of notary against which follows a disciplinary record, bearing in mind the seriousness of the acts committed and the circumstances that attend.
2. The period of provisional suspension may not be higher than the penalty that could be imposed for the offence allegedly committed, and the elapsed time should be taken into account for the purposes of computing the period of the possible sanction of professional disqualification that may impose in the disciplinary file.
Article 25. Infractions 1. Are established behaviour offences as such for this law, related to the exercise of the profession of notary public.
2. The offences are classified as minor, serious and very serious.
3. very serious offences Are: a) the exercise of the profession of notary public without having been appointed by the Government or having ceased in the post.
b) the exercise of the profession of notary in the event of professional disqualification or provisional suspension, or in a case of incompatibility or prohibition to exercise the profession.
c) the violation of the duty of professional secrecy.
d) the violation of the prohibition of associations in the sense set forth in sections 2 and 3 of article 16.
e) breach of the duty to have or keep in force the insurance in the scope laid down in article 17.
f) The continuous perception of remuneration to infraction of the provisions of this law.
g) the breach of the obligations or of the professional duties set out in this law or the ethical standards, when in is a serious prejudice to the people who have hired the services of a notary.
h) firm condemnation by the Commission of a crime, in any level of participation, which occur as a result of the exercise of the profession.
and behaviors that have led to a administrative sanction) firm as a result of the violation serious or very serious from the legal provisions in the area of prevention of money laundering of money or securities, or of other legal provisions, to occur as a result of the exercise of the profession.
j) professional performance without observing the ways and the rules of physical presence.
k) all professional performance involving discrimination by reason of birth, race, sex, sexual orientation, religion, language, opinion, place of birth, neighbourhood or any other condition or personal or social circumstance.
the) the hindrance in the exercise of public freedoms and fundamental rights as a result of the exercise of the profession.
two serious offences Commission m), although they are of different nature, provided that they commit within the period of one year from the first of the infractions and that the author has been sanctioned for this infringement.
4. Are serious offences: a) the refusal of a notary to provide the functions assigned to it and that have mandatory without justified cause.
b) does not refrain from exercising the functions assigned to it when a situation where any of the cases set out in paragraph 1 of article 4 or to exercise them in spite of the existence of a conflict of interest.
c) the making of any kind of professional advertising.
d) the perception of remuneration to infraction of the provisions of this law.
e) the fulfilment of the tasks of raising the tax obligations assigned to it.
f) failure to comply with the obligations and registration of the marginal notes that established in article 74, in the terms that you anticipate.
g) breach of the obligation to enter the Andorran National Institute of finance, within the period provided for in article 68, the deposit in full member they have received.
h) non-payment of expenses agreed to the Chamber of Notaries.
I) the breach of the obligations or of the professional duties set out in this law or the ethical standards, when in is a detriment to the people who have hired the services of a notary, or serious breach and reiterated these obligations or professional duties, although not in is a detriment to the people who have hired the services of a notary.
j) the behaviors that have led to a strong administrative sanction as a result of the slight infringement of legal provisions in the area of prevention of money laundering of money or securities, or of other legal provisions, to occur as a result of the exercise of the profession.
k) the authorization of public instruments infringing the provisions established by the regulations in force, or the forms and the essential rules, as long as that arising from a serious prejudice for grantor or third parties.
the) behaviours that prevent providing with impartiality, objectivity and dedication required the functions assigned to it or which endangers the independence and honesty necessary to this effect.
m) serious confrontations and repeated the notary with customers, with third parties or with other notaries without justified cause.
n) the Commission of two minor offenses, even if they are of different nature, provided that they commit within the period of six months from the first of the infractions and that the author has been sanctioned for this infringement.
5. the violation of any provision Is slight infringement for his professional activity, including ethical standards, as long as they do not constitute a serious violation or very serious.
Article 26. Prescription of infringements 1. Very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of six months. These terms will be calculated from the date of granting, or from the day on which you've had to have knowledge.
2. The prescription period is interrupted by any action taken with the knowledge of the person expedientada that speak to the initiation, processing or the decision of the disciplinary file.
The interruption ceases to have effect if not disciplinary record incoa or is paralyzed for more than six months to cause not attributable to the person expedientada. In this case, the calculation of the period of limitation starts again from the date of the latest record performance in the disciplinary file.
3. In the case of suspension of the processing of the file due to prejudice criminal law, the period of prescription of the offence remains suspended until the disciplinary body have reliable proof of the firm resolution relapse in the criminal field.
Article 27. Sanctions 1. Very serious offences can be subject to the following sanctions: a) expulsion of the profession.
b) professional Disqualification for a period not exceeding five years.
c) Fine of no less than € 5,001 and no more than 50,000 euros.
2. serious offences can be subject to the following sanctions: a) professional Disqualification for a period not exceeding one year.
b) Fine of no less than EUR 1,001 and not exceeding 5,000 euros.
3. minor offences may be subject to the following sanctions: a) written Reprimand.
b) Fine not exceeding 1,000 euros.
4. Sanctions of expulsion from the profession of professional disqualification and a written reprimand as a result of a violation, are compatible with the penalty of fine.
5. In the case of very serious and serious offences can also be imposed, as a complementary penalty, the obligation of professional or ethical training activities, when the violation occurred due to the breach of duties which affect the professional deontology.
6. If the person who has committed the infringement has obtained an economic gain, the sanction of fines can be expanded up to the amount of the profit obtained.
7. The sanctions are only executives when the resolution that imposes is firm, because of not being susceptible of administrative or court.
Article 28. Professional disqualification and expulsion 1. The sanction of professional disqualification by the professional during the time for which it has been imposed.
In the case of professional disqualification, the Chamber of Notaries appoints, among its members, another notary to manage temporarily the notary the notary disabled. Are applicable, in that they apply, the provisions of article 14. However, during this period of time, are not applicable, as appropriate, the provisions of article 6.
When the same person there are various penalties of disqualification successive, the deadline in each of the sanctions begin to count from the previous sanction ultimate fulfillment.
2. The sanction of expulsion of the occupation impedes their professional practice and went back to an eventual opposition contest for the selection of notaries while the person sanctioned don't get rehabilitation.
In the case of expulsion of the profession, the Chamber of Notaries adopted appropriate decisions in relation to the notary the notary expelled. Are applicable, in that they apply, the provisions of article 14. However, temporary, are not applicable, as appropriate, the provisions of article 6.
Article 29. Graduation of sanctions sanctions will graduate according to the circumstances in each case are met, in accordance with the General principles set out in the legislation and, in particular, in accordance with the following criteria: a) Intentionality.
b) Prejudice caused.
c) amount of benefit obtained or that it was intended to get.
d) Reiteration or recidivism.
e) That the same facts have been sanctioned in the penal field.
Article 30. Prescribing sanctions 1. The sanctions imposed for very serious offences prescribed in any of four years; penalties for serious offences, within two years, and the penalties for infractions minor, after six months.
2. The sanctions that give rise to the professional disqualification for a period exceeding four years prescribed once after the deadline for which was imposed the sanction.
3. The term of prescription of sanctions will start counting from the next day of the day in what has become a firm resolution that imposes.
4. The period of prescription is interrupted by the home, with formal knowledge of the person concerned, of the execution of the penalty.
The interruption left to take effect if the execution rest stop for more than a year due to causes not attributable to the person sanctioned. In this case, the calculation of the period of limitation starts again from the date of the last action that the record in the case of execution.
Article 31. The termination of the disciplinary responsibility responsibility is terminated by the fulfillment of the sanction, the death of the notary expedientat, the prescription of the offence and prescribing the penalty.
Article 32. Scoring and communication of sanctions and rehabilitation 1. Disciplinary sanctions are recorded in the personal file of the notary sanctioned and the annotation can be canceled, for the purpose of rehabilitation, unless incurred in new disciplinary responsibility, when six-month deadlines have passed, in the case of sanctions of reprimand or fine; one year, in the case of professional disqualification sanctions no longer than six months; three years, in the case of higher professional disqualification sanctions in six months and eight years, in the case of sanctions of expulsion from the profession.
2. The expiry period for rehabilitation is counted from the day after the day on which it has fulfilled the sanction. The cancellation of the annotation, once fulfilled the terms indicated, can be made ex officio or at the request of the person sanctioned.
Title II. Chamber of Notaries, General archive of Protocols and record provisions of last will chapter. Chamber of Notaries Article 33. General provisions 1. The Chamber of Notaries is a body of public law and professional character, endowed with legal personality and full capacity for the fulfilment of its purposes.
2. The Chamber of Notaries is governed by this law and its internal rules, and it has to relate with the Ministry responsible for Justice, and also with the Government and other public administrations when appropriate, for their professional activities.
3. The functioning and the structure of the Chamber of Notaries are governed by the principle of internal democracy.
4. your territory is the Principality of Andorra.
5. All notaries must necessarily belong to the Chamber of Notaries.
6. The Presidency of the Chamber of Notaries is chosen among the notaries by simple majority and for a period of four years. In case of absence of candidates or tie, once they have carried out three votes, the presidency lies in the notary public who have more years of exercise or, moreover, in the notary public of more age.
Article 34. Functions 1. The Chamber of Notaries has the following functions: a) Represent exclusively the profession and to defend the rights and the interests of notaries.
b) Propose the rules operating internal and self-financing, and the ethical standards of the profession, and to meet them and make them meet once approved.
c) propose criteria relating to remuneradors fees and ensure that they are applied.
d) Approve the agreements necessary for the proper development of the exercise of the profession, and ensure that they are applied.
e) to ensure that the notaries to practice the profession in accordance with the principles of autonomy, independence and free and loyal competition.
f) organize and manage the necessary shifts to ensure coverage and continuity in the exercise of the functions attributed to the notaries, in the event of absence, impossibility or vacation.
g) Organize and the General archive of Protocols.
h) organize and carry the provisions of last will.
I) collaborate with the Government, especially with the Ministry responsible for Justice, and with the rest of the public administrations, in the matters that are their competition.
2. The rules and schedules mentioned in the letters b) and c) of the preceding paragraph are subject to the prior approval of the Government.
Second chapter. General archive of Protocols Article 35. Nature 1. The General archive of Protocols, attached to the Chamber of Notaries, is the file where you place the protocols that come from the deleted post and protocols that date back to more than twenty-five years.
2. The General archive of Protocols has a list of notaries the protocols of which are deposited, that includes the number of protocols, the notary who has authorized and the years which correspond. This relationship can also include the number, the date and the pages of each protocol, as well as the name and surname of the grantor people and the type of event that is all about.
3. The General archive of Protocols is embodied by supports and computer procedures.
4. The Ministry responsible for Justice oversees operation of the General archive of Protocols.
Article 36. Delivery and access 1. The notary must deliver in the General archive of all protocols within a maximum period of one month from the Suppression of your notary.
2. the notary must deliver in the General archive of Protocols are their protocols or protocols that have received a notary who has preceded and that assist in more than twenty-five years during the month of January of each year. However, notaries may choose not to submit to the General archive of its protocols that assist more than come-and-five years; in this case, however, have to send during the month of January of each year a certificate in this regard.
3. notaries must deliver in the General archive of the wills and codicils enclosures that assist more than twenty-five years and who have not been open during the month of January of each year. After being opened, however, incorporate immediately to the protocol of the notary that authorises the opening.
4. notaries must also deliver the protocols mentioned in the previous sections indexed and scanned properly, in accordance with the computer programs determined by the Ministry responsible for Justice, with the previous report of the Chamber of Notaries.
5. The protocols given in the General archive of Protocols must be stated in an act that expresses the number, and the number, the date and the pages of each protocol, and which must contain the signature, the sign and seal of the notary who made the delivery and the president of the Chamber of Notaries. This record remains deposited in the archives of the Chamber of Notaries.
6. the Notaries can request and obtain if necessary the authorisation of the Chamber of Notaries in the effect of depositing part of their protocols in the premises of the General archive of Protocols, although they do not have the obligation to deliver them.
7. notaries have access to the General archive of Protocols for the purpose of being able to extract copies of protocols that are deposited.
Article 37. Expenses the expenses incurred for the management and maintenance of the General archive of Protocols are in charge of the Chamber of Notaries, which determines the funding.
Article 38. The National Historical Archive 1. The president of the Chamber of Notaries has to deliver to the national historical archive the protocols to date of more than one hundred years, given its historical and cultural value, during the month of January of each year. The national historical archive is responsible for the custody and preservation of the protocols that you deliver.
2. The delivery of the protocols is carried out in the terms of paragraph 5 of article 36.
Third chapter. Record of last will provisions Article 39. Nature 1. The provisions of last will, attached to the Chamber of Notaries, is the record where it is inscribed on a leash: a) wills and codicils open allowed for notaries.
b) wills and codicils closed delivered to the notary, with indication of the place, the date and time of delivery.
c) wills hològrafs adverats by the judicial authority and protocol·litzats by notaries.
d) The inheritances and successoral particular attribution, whether or not contained in marital.
e) in general, all acts relating to the expression or the modification of provisions of last wills authorised by notaries.
2. The provisions of last will is embodied by supports and computer procedures.
3. The Ministry responsible for Justice ensures proper functioning of the provisions of last will.
Article 40. Entry 1. The acts registered in the register of provisions of last will have to contain the name and surname, date of birth, the names of the father and the mother, and the marital status of the grantor and, if necessary, the persons first and last names of the spouses or of the people with whom they are linked civilly or as a stable couple , nationality, the number of the passport or document of identity and the address of the grantor people.
2. The acts registered in the register of provisions of last will also have to state the notary that have authorized, and the site, the date, the time and the type of event that is all about.
Article 41. 1. The notaries who have authorized provisions of last will address to the Chamber of Notaries, within a maximum period of five working days from the day of the approval or the granting, a communication in which it entered the data laid down in article 40.
2. The Chamber of Notaries, once it receives the communication of the notary who has addressed part of the act together with the information set out in article 40 the registration provisions of last will.
Article 42. Certification of the notary public has access to the register of provisions of last will and given certificates of the registrations that you have practiced in the following cases: a) When requested by the batlles and the Andorran courts.
b) When requested by the grantor people of the Act for which certification is requested, personally or represented by virtue of a special power of attorney.
c) when you request a person who proves to have a legitimate interest and present an official certification of the death of the person in relation to which you want to know if it has entered any provision of last will that you have given. In this case, the notary can not submit certifications until after seven working days from the day of the death of the person concerned.
Article 43. Expenses the expenses incurred for the management and maintenance of the provisions of last will are in charge of the Chamber of Notaries, which determines the funding.
Article 44. Rules applicable the provisions of last will are governed, as regards the form and requirements, by the precepts of the civil legislation in force, in relation with which this law has a subsidiary character.
Title III. Public instruments chapter. General provisions Article 45. Definition and content 1. Notary publics are tools the public writings, the events and, in general, any document that will be authorised the notary, either in original or authentic copy is in array, or simple, is in certificate or a witness, in accordance with the legally established purposes.
2. The content of the public scripts are the declarations of will, the legal acts which involve the provision of consent and the legal business of any kind.
3. The contents of the notarial acts are the verification of facts or situations or the perception that the notary has provided that cannot be qualified as a legal or business events, as well as their judgments and qualifications.
Article 46. Requirements 1. Public instruments must include the stamp and the initialling of the notary public who are authorized, and in the end your signature, your sign and your seal.
2. the public instruments can be written by hand, machine or any other means of reproduction that make sure the indelebilitat.
3. The public instruments are written in a readable and clear, without blank spaces or intervals, and cut off lines or sections of line that are not written, as well as the reverse side of each of the sheets when you write in one side.
4. in the public document cannot be passed stripes, or scrapes it or deletions, nor any other alteration. The sums, the amounts and the dates, when directly affect the content of the public instrument, must be expressed at least in letters. It is the overload, the line spacing and the addition of words in the body of the instrument to the public.
5. the additions and corrections are made at the margin or move at the end of the instrument and are saved with the signature of the persons appearing and the notary. The words that should be deleted are signalled so that they are legible.
6. The instruments of public reserve, on the left side of the odd pages and on the right side of the Plains couples, a margin of a quarter of the width of the paper, which must be of 29.6 cm long and 21 cm width (DIN A4). On the opposite side and in the upper and lower parts of the Plains is a margin of approximately equivalent to 1/8 of the width of paper.
7. The Chamber of Notaries is established for all notaries a type of paper to use exclusively Attorney you have the characteristics and the qualities necessary for the purpose of guaranteeing the maximum reliability of the public instruments.
Article 47. Language 1. Public instruments will produce in the Catalan language.
2. When one of the persons appearing does not understand the language, the Notaries can authorize the public instrument if you know and can verbally translated the contents of the instrument in the language that talks about this person, and make clear this point and the fact that the person appearing has found in accordance with his will.
3. If notaries do not know the language spoken by the person appearing, or if that person requests the translation of the content of the public document in a language other than the language, the authorization requires the assistance of a translator or interpreter, which makes the translation that is necessarily in the public document.
4. When there is a translator or an interpreter accredited to Andorra or when the translator or interpreter is not available, it may be replaced by the person designated by the person appearing that requests the translation, under their sole responsibility. In this case, the notaries do appear in the public instrument, that the translator signs together with the persons appearing.
Article 48. Witnesses 1. Notaries can authorize the public instruments without the need for witnesses, unless it rules a instrumental sets out specifically or request at least one of those licensors.
2. Can not witnessed people in what any of the some of the following circumstances: to) have a relationship of marriage or cohabitation situation analogous, or a kinship in a straight line, or in collateral line by consanguinity or adoption up to the fourth degree inclusive, or by affinity up to the second degree inclusive, with any of the people or of the grantor with the notary public document that authorises.
b) be the person giving the instrument a public company in which the witness, his spouse, the person with whom you keep a situation of cohabitation similar or a relative in a straight line, or collateral line by consanguinity or adoption up to the fourth degree inclusive, or by affinity up to the second degree inclusive, have a participation higher than 20% of the share capital , have the Administrator status only, whole, labour or solidarity, or participate in the body of administration and have more than 20% of the voting rights.
c) Being or having been a tutor, lawyer or solicitor of any of the people or of the grantor of the public instrument notary who authorized, in the last three years.
d) have or have had a relationship of dependency, relationships or interests with any of the people or of the grantor with the notary public document that authorises, in the last three years.
e) Have outstanding processes with any of the people or of the grantor the public document that authorises.
f) have a direct or indirect interest in the object of the public document.
g) have an intimate friendship or enmity with any of the people or of the grantor with the notary public document that authorises.
h) have been convicted of a criminal sentence firm by the Commission of a crime against the security of the legal traffic or a crime of testimony, opinion or false translation.
3. In case involving witnesses, signed together with the people the public instrument appearing, and also save with his signature are added and the corrections that you make. In addition, the witnesses must be present at the awarding of the title deed.
Article 49. Infringement of requirements 1. Public instruments that infringe, in whole or in part, to the laws, or who have been authorized with infringement of the causes of abstention provisions in paragraph 1 of article 4, or of other essential requirements set out in this law, are not considered to be a public instrument, without prejudice to produce effects such as a private document, and irrespective of responsibility in which they may incur the notaries that have authorized.
2. The provisions of the preceding paragraph are understood without prejudice to the provisions of article 50.
Article 50. Amendments and modifications 1. Material errors, omissions and defects of shape of public instruments inters can be corrected by notaries who have authorised their substitutes or his successors, ex officio or at the request of the person giving that has caused or which harm.
However, the lack of expression in public instruments of judgment or of capacity or other aspects of their own activity in the authorisation can only be amended by the notary who has authorized.
2. To make the amendment taking into account the context in which they have authorized the public instruments, and if necessary the context of public instruments immediately prior and subsequent, the public scripts and other public instruments that were taken into account in the authorisation, and the documents that prove reliably facts or acts entered in public instruments that must be addressed.
The notaries who have authorized the public instruments that have to fix can also take into account the trials for them formulated and the facts they received at the time of the grant of these instruments.
3. The amendment will be done by Stagecoach in the same writing array or by means of a notarial deed, in which it is noted the material error, omission or defect of form, its cause and the statement that the fixed.
4. Due diligence of amendment made prior to the delivery of copies there are to be transferred and is enough to transcribe it into writing matrix according to the wording amended. In the event that the amendment is made by means of a notarial will leave a record of their granting to the matrix and to the copies delivered before and below the notaries.
5. When it is impossible to make the amendment in accordance with the provisions of paragraphs 3 and 4 of this article, you need the consent of the grantor or persons of the existence of a judicial resolution to this effect.
6. The content of the public instruments can only be modified by virtue of another public document authorized by a notary in exercise in the Principality of Andorra.
Second chapter. The public scripts
Article 51. Content The public scripts will produce so that they are perfectly differentiated the appearance, the exhibition, the terms and conditions, the granting and authorisation.
Article 52. Requirements 1. In the appearance of the public scripts must indicate: a) the protocol number.
b) the place of the grant.
c) the day, month and year of the grant, and also the time of the grant when it comes to wills or codicils, when a provision required by regulations or when at least one of the grantor or persons appearing request.
d) the name and surname of the notary who authorized and the mention that acts as a replacement, if necessary.
e) the name and surname, date of birth, nationality, passport number or national identity, place of residence and domicile, marital status and, if applicable, the matrimonial regime of the persons appearing.
When it comes to public officials or authorities involved in the exercise of his Office or of their function, there are enough with the indication of the name and surname and the post or function.
f) the name and surname, date of birth, nationality, passport number or national identity, place of residence and domicile, marital status and, if applicable, the matrimonial regime of the licensors that they are individuals.
However, if the powers exhibited the notary who must authorize the public deed do not provide all data required to identify the person depicted, the notary may authorize it if your judgment are sufficient to prove the identity of this person and to qualify the legal capacity necessary to grant writing.
g) the name, registration and data proving the personality and the address of the licensors that are legal persons.
h) the name and surname, date of birth, nationality and passport number or national identity of witnesses, if appropriate.
and) faith of knowledge of staff people appearing and the testimonies by the notaries or, if you do not know personally, the constancy that are duly identified and by which means they have done.
j) the claim that in the opinion of the notaries grantor people have the legal capacity necessary for the grant is intended to authorize.
2. When it comes to minors emancipated, it expressly left-luggage this circumstance and their cause in the appearance of the public scripts.
3. When a regulation requires a special for the granting, expressly left-luggage office are also this circumstance in the appearance of the public scripts.
Article 53. Representation 1. The intervention of the grantor people is expressed in the appearance of the public writings indicating if they do so on their own behalf or on behalf of other individuals or legal entities.
2. legal representation will be but it is not necessary to justify it if it has the notaries to notoriety.
3. The voluntary representation has been accredited in the same Act of the grant or, with the consent of the grantor, others at a later time.
In the latter case, the accreditation it is noted by Stagecoach to the matrix and the notaries warn people licensors that the effectiveness of the Act is subject to the accreditation of voluntary representation, review this warning to the public deed and should refrain from delivering copies until has been accredited this requirement, except that it has a justified cause and appreciated freely by the notary who has authorized the public deed.
4. The performance is credited to the transcription by inserting the content of public documents proving presented by the representative, or protocol·litzant with writing these documents in original, authentic copy or testimony.
In the first case, it is enough to insert and transcribe the necessary and timely content of documents proving presented, but notaries must ensure that in part omitted there is no mention or circumstance that restrict, modify or twist part transcribed.
Article 54. Foreign grantor and documents issued abroad When one of the persons is in writing or when foreign grantor of a deed of the notary must qualify documents issued abroad, can make sure of the legal capacity of the person signing and the observance of the forms and the solemn ceremonies required for the validity of the Act in the foreign country by means of a certificate issued by a notary or two lawyers at least , or the administrative authority, diplomatic or consular authority of the foreign country concerned.
Article 55. Description 1. The notaries do contain the background and description of the goods, rights, business, the circumstances and the intent of the grantor people as clear and precise as possible.
2. In the description, the notaries seek to rectify the data which have experienced incorrect variations in the course of time, and accept the claims of the grantor and the documents that prove people contribute.
Article 56. Property titles Are the titles of ownership of the notaries always review part that transmits or has the assets or rights, and make it clear and accurate manner, in accordance with the content of the documents presented, or otherwise, in accordance with the statements of the grantor people under its responsibility.
Article 57. Liens and charges the designation of loads or charges that weigh on the goods and rights are stated in accordance with the contents of the documents submitted to the notary and in accordance with the statement of the person who transmits or provides the goods or rights under their responsibility.
Article 58. Content of the contract 1. The content of the contractual public scripts properly is drawn up in accordance with the Declaration of will of the grantor people in accordance with the provisions of paragraph 2 of article 2.
2. the notaries draw up the public scripts so that reflect a clear, accurate and separated the covenants relating to each of the rights created, transmitted, modified or extinguished, and the extension of the powers, rights and obligations of each of the grantor or persons of the third parties which may affect the Covenants and the reservations, limitations conditions or timelines that are imposed.
Article 59. Unit of The public scripts are given in one and the same Act, with the simultaneous presence of the notary public and people appearing, and with the observance of the requirements of reading, of reservations and of informative warnings on the part of the notary.
Article 60. Reading and signature 1. The notaries attest to have read the public deed to people appearing, and have warned of the right to read it themselves.
2. If any of the people appearing is deaf, she reads the public deed. If you are blind, the reading also witnesses in the same Act and declare that the text is matched with what she has read the notary. If the person appearing is deaf and doesn't know or can't read, the read the notary and witnesses and they all declare that the text is matched with the intention for licensors. If the person appearing is deaf and doesn't know or can't read, the notary does not authorise the public deed.
3. Once read, the public deed is signed at the end by the appearing persons and the notary, that authorizes your rubric, your sign and your seal.
4. When some of the people appearing does not know or can not sign, the notaries make mention of this circumstance.
Third chapter. The notary acts Article 61. Contained in the acts of notary publics are entered facts and circumstances that witness or the consist and that by their nature are not the subject of a contract.
Article 62. Requirements are applicable to the notarial acts the rules of public writings, with the following specifications: a) to require the notary for the purpose of carrying out a notarial deed is sufficient a legitimate interest and the application of the Attorney. In this sense, it is not necessary that the notaries affirms the legal capacity required of the requesting person to the appearance of the notarial deed.
b) is not necessary the dation of faith of personal knowledge on the part of the notaries, unless the identity of the persons appearing to be indispensable in accordance with the contents of the notarial deed.
c) is required to drive event and you can extend the record at the same time or later. In the event that there are different manifestations, statements or actions, the notaries are expressly stated the date and place of each of them.
Article 63. The notary acts classes can be attended, reference, notoriety, of notarisation or deposit.
Article 64. Acts of presence 1. The acts of presence prove the fact or the truth of the fact that motivate; the delivery or sending of documents, effects, money or other material objects to third parties; all kinds of requirements; the offers of payment; the fact of the existence of a person; the display to the notaries of documents or objects with the aim that, once examined, the describe according to his perception, and the completion of an auction.
2. the notaries draw up the minutes of presence according to what we see and perceive with his own senses, and make contain details or the circumstances request the people appearing.
3. in the acts of notary documents reference of accredited the contents of the document, the date of delivery to the post office official or employee of the courier service and, if applicable, the issuance of the corresponding receipt and acknowledgement of receipt. In the document submitted is always evidence of the notarial intervention.
Article 65. Reference reference acts acts are drawn up by notaries as tight as possible to the statements of the persons appearing, all used in the extent to which it can be the same words you use, and warning them of the significance and legal consequences that have when deemed necessary or advisable.
Article 66. Acts of recognition 1. The acts of notoriety have to checking and fixing of notorious facts which may be established or may be legitimate personal or economic situations with legal significance.
2. For verification of notoriety, the notaries practice all the tests they deem necessary, independently that have been proposed by the requesting person, and leave a record expressed in the minutes of the tests carried out.
3. If the practice of the tests is considered justified the notoriety, the notary so they do appear in the minutes.
Article 67. Acts of The notarisation of notarisation entered the sufficient information to identify the document or documents that are incorporated in the Act, the number of sheets of what they have and the fact of being the corresponding notarial protocol.
Article 68. Notarial deposits 1. Notaries can receive on deposit documents, objects and full member. The deposit in full member must be compulsorily admitted to the Andorran National Institute of finance, in the name of the notary who has received, within a maximum period of two working days. This deposit is not paid interest.
2. The return of the deposit it is noted in the minutes and signed by the notary and the person to whom the refund is made, is the same applicant, whether the person empowered by him, whether a third party recipient.
3. When the deposit has been made under condition and in favour of another person, the notary does not make a refund if it proves compliance with the condition set.
The fourth chapter. Originals, copies, certificates and testimonials Article 69. Original or matrix 1. Public instruments that consist of the Scriptures and the notary acts are allowed in a single original copy or array that is under the custody of the notaries who are authorized and that is integrated into your protocol. The grantor people receive a genuine copy or simple, as required, submitted by notaries.
2. The original or arrays must remain in the archive of the notaries who are authorized, except in the event of a court order and if it becomes necessary to examine them and this examination cannot be carried out at the notary. In this case, before you drill down of the protocol the original public document, are notaries make a verbatim copy replaces it until it is returned to the protocol.
Article 70. Copies, certificates and witnesses 1. The copies reproduced literally and completely or partially, the original of a public instrument.
2. authentic copies have the same consideration that the public instrument that reproduce, with all the effects that come from it. Single copies only report the existence of a public instrument and do not give faith of their content, and are delivered only for the purposes of information.
3. Notaries can deliver partial copies and certificates of the facts entered in a public instrument.
4. The notary can also deliver testimonials of all kinds of documents, certify its existence and authenticate photocopies or other graphic reproductions of similar nature.
5. The witnesses have to the assertion of a fact occurred or the expression of a juridicotècnic trial of the notary, and authorized in the following cases: a) the witness for document display, which is intended to reproduce authentic original documents that are on display at the notary or attest to the coincidence of graphics that are delivered with the reality observed. Does not imply the opinion of the notary on the authenticity or the authorship of the document and can also be used to attest to the presence of a person in front of the notary.
b) the testimony of force of the laws, with the aim to prove abroad the legislation in force in Andorra or the personal status of the person requesting the testimony.
c) the testimony of legitimation of signature, in order to certify that a signature has been set-up in the presence of a notary, or the opinion of the notary on the fact that the signature belongs to a certain person.
Article 71. Display and delivery of copies and certificates 1. Just have the right that they are below the original public instruments or to obtain copies and certificates the grantor people, people appearing, the persons who have a legitimate interest in relation to the instrument in the opinion of the notary, and the causahavents of the one and the other.
Notaries may not exhibit the original public instruments or deliver copies and certificates to any other person, except for court order.
2. Notwithstanding the provisions of the preceding paragraph, in the life of the grantor can deliver authentic copies not notaries are persons of wills. Can only deliver a single copy to the person giving or the person credited with a special power of Attorney for this purpose.
Once killed the person granting a testament or exhibit them, have the right to obtain copies and certificates the heirs instituted in the will; the legatarios; the Trustees; partidors counters; the other people in relation to which it is issued stating rights and powers in accordance with the testament, and people that if it does not exist the testament or be declared null and void, would be called in whole or in part to the legacy of the originator under a will or intestacy rules above.
3. Copies of a public instrument can only deliver the notaries who are responsible for the protocol where the instrument. However, all notaries in the exercise in the Principality of Andorra can deliver copies of protocols that are found in the General archive of Protocols.
4. notaries do appear, through a marginal note on the original or the matrix of the public document or in a separate database, the copies that rid of this instrument.
5. Notaries can deliver the copies on paper or, at the request of the person concerned, in digital format via e-mail or via any other electronic media.
Article 72. Appeal against the refusal of the notaries to exhibit the original instruments or provide copies and certificates, can be formulated before the Chamber of Notaries, in the terms established in the administration. Sold out this way, it is possible to lodge an appeal before the Administrative Section of the Council, under the terms of the administrative and tax jurisdiction law.
Chapter five. The marginal notes Article 73. Definition at the end or at the margin of the matrix, the notaries do consist through a marginal note the public scripts which are cancelled, cancel, modify, deny, cancel, or remain without effect other previous writings, the Scriptures of the transfer of rights or subrogation of obligations, the public scripts of ratification and, in general, the public writings of adherence to legal business.
Article 74. Communication and registration 1. The notaries to authorize the public scripts set out in article 73 they communicate in writing or electronically and within a maximum period of three working days following the day of the grant, the notary the protocol of which keep the script array or to the General archive of Protocols, depending on the case.
2. The notary the protocol of which keep the script array or the Chamber of Notaries, the same maximum period of three working days from the receipt of the communication, extends a marginal note indicating the date of the granting of the public deed subsequent, the notary who authorized and identifying your protocol.
3. Although physically is included at the end or at the margin of the matrix, it is understood that the notaries perform the obligation established in paragraph 1 of this article if you use computer programs or data bases linked to that employs the notary the protocol of which saves the script array, or apply on-line procedures that are compatible with those of the General archive of Protocols , and in any case that they have been approved by the Ministry responsible for Justice, with the previous report of the Chamber of Notaries.
4. The requests for information and responses in relation to the marginal notes taken among the notaries, and between the latter and the General archive of Protocols, can also be done by telematic.
5. The incorporation of the marginal notes to the protocols of every notary or the protocols of the General archive of Protocols is the exclusive responsibility of notaries.
6. the notaries may have not received, without affecting its responsibility, the preventive annotation requests of any kind when not in possession of the Andorran courts or magistrates.
First transitional provision
1. The Chamber of Notaries, within a maximum period of six months from the entry into force of this law, must draft and propose the ethical standards and the internal rules of operation and self-financing, and also the scales relating to fees remuneradors referred to the letters b) and c) of paragraph 1 of article 34, which are in conformity with this law and for the purpose of carrying out its provisions.
2. ethical rules, the internal rules of operation and self-financing, and the scales relating to remuneradors fees, once proposed by the Chamber of Notaries, must be sent to the Ministry responsible for Justice to the effect that submit to the Government the approval by the regulatory pathway.
3. While it does not give effect to the regulations approved by the scales relating to fees remuneradors, remains in force the agreement of the Government of 3 May 2000, of the publication of notarial fees, posted under the edict of May 10, 2000.
Second transitional provision in case the higher education degree has been obtained prior to December 31, 2015, is enough to practice the profession of notary to be in possession of a level 3 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government.
Third transitional provision 1. The duty of notaries to deliver in the General archive of Protocols the protocols scanned and indexed properly in accordance with the computer programs determined by the Ministry responsible for Justice, that established in section 4 of article 36, it applies to public instruments that will be authorised on the basis of the beginning of the calendar year following the date of the entry into force of this law.
2. With regard to the protocols of the notaries currently on exercise in the Principality of Andorra that comprise the public instruments authorized by them prior to the calendar year following the date of the entry into force of this law, the Ministry responsible for Justice and the Chamber of Notaries must agree, within a maximum period of one year from the date mentioned conditions in accordance with which will be delivered to the General archive of Protocols.
Repealing this Act derogates the law notaries, of 28 November 1996; the general regulation of notaries, of 20 February 1998, and the Decree relating to the notary protocols, on 3 March 1999.
First final provision sections 2 and 3 of article 7 have the character of law. The rest of the provisions of this law shall have the character of ordinary law.
Second final provision this law shall enter into force at the end of a month to be published in the official bulletin of the Principality of Andorra.
Casa de la Vall, may 25, 2017 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília