They are documents in which the Notary proves and certifies what he sees or records it. Mainly regulated in the Notarial Regulations, in their articles 198 et seq.
Independently of the class of documents that we shall analyse, the first thing that stands out is that the instruments do have limits of content. Fundamentally the facts or circumstances to be evaluated cannot be contract material, so that the appropriate instrument is the public deed. We shall then see further limitations on a case by case basis.
On the other hand, it also presents other differences with the instrument in formalisation, particularly as regards its legitimacy, since on the record, in general, only a legitimate interest assessed by the Notary is needed and they do not require consensus of action or context and may be extended at the time of the event or at a subsequent time.
Record of Attendance
authorise the reality or truth of the facts that justify it, and based on what the notary may witness or perceive by his senses, in this case the specific circumstances are extensive. Yet in addition to the assumptions that the Notarial Regulations themselves do contemplate (delivery of documents, money or other items; payment offers; existence of a person; presentation of documents, etc.) we shall emphasise some of the most common ones.
Instruments that reflect the harmony of photographs actually obtained on a specific day or time. It is important to emphasize that the photographs must be obtained on the same day that the document is drawn up. As a general rule, documents that are very useful and common-place to reflect, for example, humidity or flood, cracks, the state of the building prior or after the signing of a lease contract, etc.
They have an extraordinary distribution network at present, for obvious reasons. They reflect the existence and content of a given web page or certain e-mails on a given time or day, obtaining a printout of the same ones that that remains integrated in the record.
SMS or Whatsapp Instruments
These are also currently very common. The reality and validity are granted to the existence of certain phone messages of the deponent on a given time or day. Both in this case as in the previous one it shall be necessary to bear in mind that if the content if the crime is circumstantial, the Notary shall communicate it at the official initiative to the State Counsel's Office so that it may consequently institute (legal) proceedings. Moreover, what is not allowed is for the notary to be able to reflect the content of telephone conversations without being previously and suitably identified.
Instruments to put the marketing of products on record
The Notary assists the deponent in purchasing certain products in given establishments. This instrument is usually combined with the record of deposit that we shall then analyse. It is necessary to remember that it is mandatory for the Notary to be duly identified whenever he exercises his function in an establishment and report the purpose of his presence.
Statements of Truth
The record collects the statements that are carried out in the presence of the Notary, who transcribes them. These statements are considered common practice. They present this former if the content limitation as accusations of circumstantial facts, threats, etc., that require other procedures.
Records of deposit
The Notary safeguards objects, keys, documents, CDs, etc. in deposit. These latter can and tend to be accompanied by notification documents (example: consignment of keys in the Notary's office and notification of lease resolution). It is necessary to bear in mind that the record of deposit is an instrument of voluntary acceptance by the notary, and it is essential to indicate a term for this record, as well as the conditions of return and/or extension.
Notification and Requirement Documents
Through this record, the Notary issues a notification which he reports or requires for a certain action. It can be in person or by certified mail with acknowledgement of receipt. It provides both formality and validity. A different form is the certificate of remittance documents by mail, where it is the Notary himself who carries out the postal mailing, and which does not generate the right for the recipient to be answered in the document itself.
Notarised Deeds of Incorporation
These types of documents are delivered to the Notary for its custody. It is crucial not to forget that it is not a matter of executing and notarising a public document, but rather to record, keep it. Sometimes, of course, the custody of a private contract is claimed to avoid its loss. In such an admissible case, the document shall have to be necessarily submitted and paid at the Treasury, and from this alone shall it be possible to claim the validity of the notarial record date and evidence, but not translative or executive.
Signature Authentication Certificates to generate results in a foreign Country
It is currently a very useful document. It resolves those assumptions that generate a "loop" especially in the case of powers of attorney. The client needs for the signatures of the document to be authenticated, but at times (for example in the case of the powers of attorney); this is not allowed by Spanish legislation, which demands a form of public deed. Yet even so, the client needs it, since in the destination country, particularly in those of Anglo-Saxon influence, the original document is needed with stamped signatures, and not the copy that is used in our system. By means of this certificate, the signatures of the document are authenticated, the country where it is going to generate results is specified and its copy is incorporated. The authenticated original is therefore delivered to the client, which is the one that shall be provided abroad (it shall then have to be annotated or authenticated, according to the cases) and the record with the copy of the incorporated document, which it shall keep in its possession.
Very useful document for certifying the failure of a person to appear or to attend (normally executed in the office of the notary itself) on a given time or date. It is generally used in cases of expiration of terms. For example, it is necessary to sign an operation a given day having been required for the counterpart to grant it in the notarial office, and this latter does not appear. The Notary hereby certifies the non-attendance.
Records of Partners’ Meetings
This type of document is classic and often used. The notary, in accordance with the applicable commercial and notarial regulations, creates the record of the meeting of the governing body and hereby certifies the content of the business agreements and the statements that the partners may make public in the meeting.