Are you graduated in law? and Do you want to know how to practice in a notary’s office? Keep reading, in this article we offer you the detail of the requirements to be a notary, the step by step, the functions of this professional and much more.
The notary also He is known as a clerk in other countries, his profession of origin is law. In other words, he is a lawyer, specialized in notarial law. These professionals in Spanish territory are public officials. In this sense, the exercise of the notary requires representing events of public faith, which gives authenticity to facts.
These professionals must also advise free and impartially to the users of the notaries, on the procedures that are carried out in these notarial services. That is why prior to the provision of any service, you must notify the rates, which are regulated by law.
What are the requirements to be a notary in Spain?
The following are the requirements to be a notary in Spain, which are needed before submitting the corresponding evaluations:
- Have the Spanish nationality or of any country belonging to the group of the European community.
- Have a certified undergraduate degree in Law, or a doctorate in Law. If the applicant obtained the title in a country other than Spain, he must certify its approval.
- Approve the tests available to apply for a position in a public notary’s office, which are frequently announced by the country’s Ministry of Justice.
Steps to Be a Notary
The step by step starts when the applicant attends the announced call, in which the details of the evaluations that the applicants must pass are indicated. It is important to mention that these tests are part of the requirements to be a notary. In this sense, the tests are made up of 4 phases, associated with the topics mentioned below:
- Civil law.
- Mortgage Legislation.
- Commercial Law.
- Fiscal and notarial legislation.
- Procedural law.
- Administrative law.
It should be noted that in first two evaluations, also the interpretation of the reading of the number 3, as well as in the first section of the exam number 4 are verbal. For the aforementioned, a brief description of the evaluations to apply for a notary position is presented below:
Requirements to be a Notary: Evaluation number one
In this exam the applicant must answer in a maximum time of sixty (60) minutes, responding orally to 4 topics referring to:
- Civil law
- Fiscal legislation.
Requirements to be a Notary: Evaluation number two
In this evaluation the applicant must also answer verbally, to six (6) questions in a maximum time of sixty (60) minutes or one (1) hour. In this case, the topics will refer to:
- Commercial law.
- To the mortgage law
- Procedural law.
- Also to administrative law.
- Notary law.
Requirements to be a Notary: Evaluation number three
In this evaluation, the applicant must prepare a verdict, within a maximum period of 6 hours, referring to a matter proposed by the evaluating jury related to:
- National civil law.
- Common and provincial law.
- Also related to mortgage law
- Commercial law.
Requirements to be a Notary: Evaluation number four
In this evaluation, the applicant has a maximum period of six (6) hours to develop what is required by the evaluating jury, so the exam is divided into 2 sections:
- Section number 1. In this section a notarial document is prepared and the applicant must explain in a separate piece, the legal inconveniences that he proposes in his document, indicating the corresponding tax.
- Section number 2. In this section a hypothesis of financial mathematics and accounting must be solved.
Requirements to be a Notary: Functions
The most important functions of notaries are listed below:
Safety and legality
This is a goal that must prevail in each and every one of the acts of a notary. That is why the participation of this public official represents the safeguard for a contract, a statement, a business, among others, to be aligned with the law.
Consequently, these public documents are at all times unquestionable in front of a court, which is why it is an act that provides the greatest legal certainty and a unique veracity.
The signature or participation of the notary is essential to legalize a loan or mortgage, between a bank and the applicant, either a person or a company. Also for the cancellation of mortgages or credits. Likewise, in Spain the regulations that regulate property loan contracts incorporate an innovation.
This refers to the fact that prior to signing a mortgage, the buyer has the right to search advice from a notary public, objectively and free of charge. All this about any relevant detail of the credit, for example: Conditions, rights, obligations and the doubts that it presents.
Inheritances and wills
In the case of inheritances, the notary must offer the shelter, the preparation and publication of wills, as well as the management of assets after death. In case of not writing the last will of the deceased. Also when renouncing or assigning a right by inheritance, the notary must attest to this act.
For the incorporation of companies
Notaries must also provide their services for the founding document of a company. In this, the subscribed capital, data of the partners, the way of distributing the profits and the objectives of the company will be registered.
In addition, the notary must attest to the changes that occurred in the constitution of a company, in its organization or also due to its closure.
In this type of procedure, the notary must also participate, so in the buy and sell of some assets be made official in a deed stating the related parties, the form of payment and the deadlines, if applicable, and the signature of the notary.
In private settings
In these cases, a notary must attest to these agreements, which are between 2 parties, providing a legal safeguard. Likewise, for the recognition of private deeds. Also, a notary can have the function of guarding legal documentation.
Regarding the document authentication procedures, the notary is in charge of validating the documentation, generating a report that certify the writing presented.
As for the powers
In these cases the notary also intervenes, giving faith through a document that authorizes a person to perform certain administrative and legal acts on behalf of a third party.
In Spain as of 2015 it is accepted to marry in a notary. Likewise, it is also possible to achieve a mutually agreed divorce, without minor children, through these services.
Requirements to Be a Notary: Studies Needed to Be a Notary
Notaries or Notaries, in other countries, have as initial preparation the studies in law. In other words, the notary is a lawyer specialized in notarial law.
These professionals in Spanish territory are public officials. In this sense, the exercise of the notary requires representing events of public faith, which gives authenticity to facts. Consequently, representing these events gives them legal ownership, as appropriate, which creates legal qualities in them.
Law studies are they find within the field of the social and legal sciences. The career is composed of a 240-credit plan, which is developed through a theoretical and practical teaching methodology. In this sense, law is a career that provides elementary teachings in legal issues and trains students for evaluation. and solution of different problems.
The fundamental intention of the law degree is provide knowledge the student to understand the legislation that governs society. Also to be able to reason and use legal regulations.
In this sense the work alternatives for graduates in law they are very varied, since they have a wide employment opportunity. So they can exercise as:
- Notaries, applying to positions in the public administration, in this particular case, once the law studies and notarial specialization and prior evaluations have been completed.
- Independent lawyers or in offices that provide services related to law.
- They can also apply in companies to work in the areas of legal advice.
Requirements to be a Notary What is it?
Notaries are public professionals and their main function is to provide legal security, they are responsible for granting public faith regarding private and public law. Consequently, it certifies the veracity of the facts and grants authenticity and probative force to the will of the people who request its services.
The charges in the notaries represent an alternative employment of law graduates. On the other hand, this specialization as well as that of judge, solicitor or lawyer, are added to other options for postgraduate studies for lawyers.
These professionals in the notaries must also advise free and impartially to the users of the same, on the procedures that are carried out in the services of these offices. That is why prior to the provision of any service, you must also notify the rates, which are regulated by law.
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