Notary public services
In those countries –such as Ireland- where it is not against the law, Consulates and Embassies may deliver notary public services.
Annex III of the Statutory Organization of Notaries lays down the rules for the notary public activities of Spain’s diplomatic and consular agents abroad. The heads of the diplomatic missions and career consulates of Spain are responsible for this function in accordance with the provisions of Articles 11 and 734 of the Civil Code and the terms of international treaties. They may delegate the exercise of public faith to diplomatic officials under their authority.
When discharging this function, the powers of Spanish consular and diplomatic officials are the same as those of Spanish notaries.
In the Spanish Embassy in Dublin, the official in charge of consular affairs is entitled to provide notary services by delegation from the ambassador.
Public deeds
Documents issued before either a notary or a consular / diplomatic official in the exercise of notary public functions are called public deeds. The public deed gives probative value to the dates, facts and statements it contains before authorities, judges and the wider society.
A public deed only circulates in the form of copies, until recently only hard copies, but increasingly also soft copies. The parent document containing the original signatures of both the notary and the person or persons who required the notary’s action is kept in the office of the notary or the diplomatic official and is integrated in its so-called protocol. On a regular basis the notary protocol of Consulates and Embassies consuls is forwarded to the Historical Archive.
Spanish nationals or foreigners who reside abroad and wish to obtain a public document that will be valid in Spain can opt between their Consulate / Embassy and a local notary. In this latter case, the public deed will only be considered as such in Spain if it has been previously legalized or apostilled and translated into Spanish.
There are different types of powers of attorney. The most common are:
General power of attorney: This power entitles an agent to carry out, on behalf of the principal, and without limitations, any act valid in law (e.g., buying, selling, managing assets, entering into contracts, mortgaging assets, establishing a corporation, acting in an inheritance, opening and managing bank accounts, making payments and collecting debts).
General power of attorney for lawsuits: This power is granted to one or more lawyers and/or party agents (procuradores) to represent the principal in all types of legal proceedings, with broad powers.
Special power of attorney for lawsuits: This power is granted to one or more lawyers and /or party agents to intervene in a specific judicial process.
Special power of attorney: This power is granted to one or more agents to represent the principal in one or more specific legal acts or business activities (e.g., buying, selling, managing assets, accepting an inheritance or donation, establishing a corporation, pension collection, obtaining a Foreigner Identity Number [NIE]), in accordance with the conditions established by the principal.
Documents required
In addition to the documents listed below, the Embassy may request additional data or documents when necessary to assess the application.
Valid Spanish NationaI ID (DNI) or passport of the principal.
NIE of the principal, if of foreign nationality.
Copy of the DNI or NIE of the agent(s)
In the case of a power of attorney for lawsuits, it is not necessary to provide a copy of the DNI or NIE of the lawyers and party agents.
A description of the powers to be delegated through the power of attorney. An official record may be provided.
- Payment of the fee, which varies according to the length of the document, the number of principals, and the number of copies requested.
Procedure
Any Spanish or foreign resident in Ireland who wishes to execute a public deed in this Embassy in Dublin should first send an e-mail to emb.dublin.cesp@maec.es.
The Embassy will then require a series of information and a copy of some documents.
No sooner the official who will authorize the deed will have the necessary information to draw it up, the Embassy will ask the grantor to forward the originals of some of those documents by post, together with proof of payment of the consular fee for the drafting of the deed by postal order at the post office, and will schedule an appointment for the execution of the deed.
On the day of the appointment the grantor shall come with the original documents of which he/she has provided a copy, any other document that the Embassy may indicate and, in any case, the original of the document with which he/she identifies him/herself (ID card or passport). If not acting in his/her own name, the documents accrediting his/her capacity to act on behalf of another natural person or legal entity. The grantor shall pay on that day by card or in cash the fee that applies to the issuance of a copy of the deed or, should he/she need more than one, number of copies required.
Revoking a power of attorney
Powers of attorney that are authorized by a Spanish notary or consul may be revoked at any time by means of a deed of revocation, which may be issued at this Embassy, regardless of whether the power was authorized by a notary in Spain or by another consul.
Relevant legislation
Decree of 2 June 1944
, definitively approving the Regulations on the Organization and Activities of Notaries.