Online Apud Acta: Certify Declarations and Agreements

They are different notarial instruments with different purposes:

Public Deed:

• Purpose: Elevates a legal transaction to public status (sale, company incorporation, powers of attorney)
• Content: Contains the legal transaction itself (the "what" is being done)
• Effects: Creates, modifies, or extinguishes rights and obligations
• Registration: Generally registered in Registries (Commercial, Property)
• Requirements: More formal, requires subsequent registry qualification
• Example: Deed of property sale

Apud Acta (Notarial Minutes):

• Purpose: Documents declarations, facts, or situations
• Content: Certifies what the parties declare or what the notary perceives
• Effects: Provides public faith of what is documented, does not create new rights
• Registration: Generally not registered, kept in protocol
• Requirements: Less formal, more flexible in content
• Example: Minutes of agreements between partners, minutes of facts

When to use each one?

• Deed: When you want to create new rights (sell, incorporate, grant powers)
• Apud Acta: When you want to document something that already exists (agreements, facts, declarations)

The cost varies according to the complexity and length of the minutes:

Notarial fees (according to official tariff):

• Simple minutes (1-2 pages): 60-90 EUR
• Standard minutes (3-5 pages): 90-150 EUR
• Complex minutes (more than 5 pages): 150-300 EUR
• With multiple appearing parties: +20 EUR per additional appearing party
• Minutes of facts with travel (in-person): +50-100 EUR depending on distance

Additional services:

• Prior advisory on content: Included
• Draft review: Included
• Authorized electronic copy: Included
• Additional physical copy: 15 EUR per copy
• Courier shipping: 12 EUR national, 25 EUR international
• Sworn translation (if needed): From 60 EUR

Factors affecting price:

• Number of pages of the minutes
• Complexity of the content to document
• Number of appearing parties
• Urgency (express service +40%)
• Need for complementary documentation

Typical minutes example:

• Minutes of agreements between 2 partners (3 pages): 120 EUR
• Unilateral waiver minutes (2 pages): 80 EUR
• Meeting minutes with 4 attendees (5 pages): 200 EUR

We provide you with an exact quote before starting.

Yes, exactly the same validity as in-person minutes. Spanish legislation expressly equates both modalities:

Legal basis:

• Notarial Law (art. 23 and following): Allows notarial minutes by electronic appearance
• Law 6/2020 on electronic signature: Equates qualified electronic signature to handwritten signature
• European eIDAS Regulation: Mutual recognition of electronic notarial acts
• DGRN Resolutions: Full validity of minutes by video conference

Online process guarantees:

• Licensed notary in practice authorizes the minutes
• Identity verification via ID/digital certificate
• Video recording of the appearance (optional but recommended)
• Qualified electronic signature of all parties
• Incorporation into the electronic notarial protocol

Identical legal effects:

• Full notarial public faith
• Reinforced evidentiary value in trials
• Recognition by courts and authorities
• Official certain date
• Presumption of truthfulness (only destroyable by forgery judgment)

Practical acceptance:

• Courts: Accept electronic minutes without restrictions
• Authorities: Full validity in all bodies
• Registries: Total acceptance
• Private entities: Universal recognition

For the minutes to be effective, you must prepare several elements before the video call with the notary:

1. Identification of appearing parties:

• Valid ID, NIE, or passport of each person who will appear
• If a legal entity appears: Deed of incorporation and representative's power of attorney
• Digital certificate or electronic ID for electronic signing

2. Content of the minutes (what will be declared):

• Draft or summary of the declarations to be made
• Agreements to be documented in writing
• Facts that the notary must certify
• Specific expressions of will

3. Supporting documentation:

• Documents supporting the declarations (contracts, emails, bylaws)
• Evidence of facts to document (photographs, screenshots)
• Proof of prior legal relationships
• Any document that the minutes will mention

4. Technical requirements:

• Stable internet connection (minimum 5 Mbps)
• Camera and microphone working correctly
• Quiet place without interruptions
• Video call software installed (we send you the link)

5. Prior legal aspects:

• Be clear about the purpose of the minutes (what you want to achieve)
• Ensure that all necessary appearing parties will be present
• Verify that you have legal capacity to make the declarations

We send you a personalized checklist according to your specific case.

Yes, the notary can and must refuse to authorize minutes in certain cases by legal imperative:

Mandatory reasons for refusal:

• Illicit content: Declarations that constitute a crime or offense
• Fraud of law: Minutes intended to circumvent mandatory rules
• Incapacity: Appearing party without legal capacity to declare
• Lack of identity: Cannot verify who the appearing party is
• Impossible content: Certify facts that the notary cannot verify
• Violation of fundamental rights: Declarations that violate third party rights

Examples of non-authorizable content:

• Documenting agreements to breach contracts with third parties
• Certifying false facts or facts the notary has not perceived
• Documenting agreements against morality or public order
• Minutes that constitute confession of crimes
• Statements that violate third party trade secrets

Refusal for formal reasons (rectifiable):

• Missing necessary supporting documentation
• Appearing party without sufficient power of attorney
• Confusing or contradictory content
• Absence of a necessary appearing party

What does the notary do if they refuse?

• Explains the legal reason for refusal
• Advises on how to reformulate the content within legality
• Proposes legal alternatives to achieve the objective
• If the defect is formal, indicates how to rectify it

In our experience, 95% of refusals are solved by appropriately reformulating the content.

The timeframe depends on the complexity of the minutes and the availability of the parties:

Standard process (48-72 hours):

1. Initial advisory: 1-2 hours from first contact
2. Draft preparation: 12-24 hours (notary drafts the draft)
3. Review and adjustments: 6-12 hours (you review and propose changes)
4. Schedule video call: According to availability (typically 24-48h)
5. Appearance: 30-60 minutes (the video call itself)
6. Authorization and delivery: 2-4 hours (signature, protocol, and sending)

Typical total timeframe: 2-3 business days from initial contact to receiving signed minutes.

Express service (24 hours):

• Available for urgent cases
• 40% surcharge on normal rate
• Requires immediate availability of all parties
• Draft in 4 hours, video call in 12 hours

Factors that may extend the timeframe:

• Very complex content requiring detailed study
• Multiple appearing parties with incompatible schedules
• Need to obtain additional documentation
• Significant reformulations of the draft

Factors that accelerate the process:

• Being clear from the start what you want to document
• Providing all documentation at once
• Schedule flexibility for the video call
• Draft already written on your part

Yes, and in fact it is one of the pieces of evidence with the greatest evidentiary value in the Spanish judicial system:

Evidentiary value of Apud Acta:

• Presumption of truthfulness (iuris tantum): Everything documented is presumed true
• Full public faith: The notary attests to declarations made before them
• Only destroyable by forgery judgment: To rebut it you must prove documentary forgery
• Official certain date: The date of the minutes is indisputable
• Direct perception by notary: Facts the notary witnessed have maximum credibility

Types of facts and their evidentiary value:

1. Facts the notary directly perceives: Maximum evidentiary value (e.g.: state of premises, content of documents they saw)
2. Declarations of appearing parties: Proves that those persons made those declarations on that date (does not prove they are true)
3. Documents provided: Proves that those documents existed on that date

Advantages in legal proceedings:

• No ratification needed: The minutes speaks for itself
• Difficult to challenge: Only through forgery proceedings
• Reinforced value: Judges give great weight to notarial documents
• Pre-constituted: You already have the evidence before the trial
• Professional: Drafted by expert notary

Real success cases:

• Minutes of premises condition: Decisive in lease disputes
• Minutes of agreements: Irrefutable proof in partner conflicts
• Minutes of facts: Fundamental in unfair competition cases
• Minutes of statements: Key in liability proceedings

Very difficult and only in very limited cases. Once the minutes are authorized, modification is almost impossible due to its very nature:

Why can't it be modified?

• The minutes certify what happened at a specific moment
• Modifying it would destroy its evidentiary value (it would be contradictory)
• The minutes are already protocolized (registered in the notary's protocol)
• Public faith was granted on specific content

Only exception: Manifest material errors

If there is an obvious typographical error (example: wrong date, misspelled name), the notary can:

• Extend a disclaimer note in the margin
• Only for obvious material errors
• Not for substantial content changes
• Must be done immediately after detecting the error

What to do if the content is incorrect or incomplete?

1. Complementary minutes: Prepare new minutes that adds, clarifies, or specifies
2. Rectification minutes: New minutes where the parties state error and correct content
3. Annulment minutes: In extreme cases, the parties can declare the previous minutes null

Important before authorizing:

• Review the draft very carefully before signing
• Make sure everything is correct
• Once authorized, there is practically no turning back
• Better to delay the signature 1 day than have incorrect minutes

Consequences of incorrect minutes:

• May be useless for the intended purpose
• In trial it may harm you if it contains errors
• Additional cost of complementary minutes

Yes, perfectly. One of the great advantages of online Apud Acta is that appearing parties can be in different locations:

Multiple appearance modalities:

1. All separately from different cities:
   • Each appearing party in their own individual video call with the notary
   • The notary collects declarations from each one
   • All electronically sign the single minutes
   • Useful when it is impossible to coordinate schedules
2. All simultaneously in multiple video conference:
   • Group video call with notary and all appearing parties
   • Faster: A single session
   • Allows direct interaction between parties
   • Requires all to be available at the same time
3. Mixed modality:
   • Some appearing parties in the same physical location
   • Others connected remotely
   • The notary manages both modalities simultaneously

Advantages of remote multiple appearance:

• Partners in different cities or countries can participate
• Total travel savings
• Agility: No need to coordinate trips
• Same cost as if they were in person
• Same legal validity

Technical requirements:

• Each appearing party needs their own digital certificate
• Stable internet connection at each location
• Individual camera and microphone working

Real example: Minutes of agreements among 3 partners: one in Madrid, another in Barcelona, another in Valencia. Simultaneous 45-minute video call, all sign electronically, minutes ready in 2 hours.

This is precisely the main reason for making an Apud Acta: to protect yourself from future denials.

Effects of subsequent denial:

1. The minutes prevails over the denial:

• The minutes has notarial public faith
• Legal presumption of truthfulness of what is documented
• The simple denial of the party does not destroy the value of the minutes
• Only destroyed by final forgery judgment

2. Burden of proof reversed:

• The one who denies must prove the falsity of the minutes
• It is not enough to say "it is not true"
• Must demonstrate that the minutes are materially false
• Forgery proceedings are very difficult to win

3. In trial:

• Your position: You present the minutes as pre-constituted evidence
• Position of the one who denies: Must prove falsity (almost impossible if the minutes are authentic)
• Judicial assessment: Judge will give credibility to notarial minutes
• Likely result: The minutes prevails

Practical example:

Partner A and Partner B sign Apud Acta where A waives pre-emptive right. 1 year later, A denies having done so and claims the right.

• With Apud Acta: B presents the minutes. A must prove falsity (impossible). B wins.
• Without Apud Acta: Word against word. Long and costly litigation with uncertain result.

Additional protection:

• The notary keeps video recording of the appearance
• Verifiable electronic signatures
• Impossible for the party to deny their participation

Absolutely yes. This is one of the most valuable applications of the Apud Acta: pre-constituting evidence.

Concept of pre-constituted evidence:

• Document facts or declarations before the conflict arises
• You already have the evidence when litigation breaks out
• You don't have to "search for evidence" afterwards
• Maximum guarantee of success in eventual trial

Typical cases of preventive use:

1. Agreements between partners:
   • Document agreements that foresee future situations
   • Leave record of current wills
   • Prevent someone from later changing their version
2. Preventive waivers:
   • Document waiver of future actions
   • Make clear that you will not claim certain rights
   • Protection against potential claims
3. State of things:
   • Certify current situation of properties, goods, documents
   • Protection against subsequent deterioration or changes
   • Proof of how things were on date X
4. Statements of intentions:
   • Document agreed future plans
   • Leave record of commitments assumed
   • Avoid disagreements about "what was agreed"

Strategic advantage:

• Deterrent element: The other party knows you have solid evidence
• Avoids litigation: Frequently, having the minutes prevents lawsuit from being filed
• Strengthens negotiation: Your position is much stronger
• Economic savings: You avoid costs of long and uncertain trials

Real example: Businessman documents impeccable state of premises before leasing it. 2 years later tenant returns it deteriorated and denies damages. Businessman presents initial Apud Acta. Tenant accepts responsibility upon seeing the evidence. No trial, problem solved.

Yes, it is a fundamental part of our service. Prior advisory is critical for the minutes to be truly useful:

Advisory included at no additional cost:

1. Analysis of your situation:
   • We understand what objective you are pursuing
   • What you want to achieve with the minutes
   • What potential conflict you want to prevent
   • What future use you will give the document
2. Design of optimal content:
   • What exactly the minutes should contain
   • What declarations should be made
   • What facts the notary should certify
   • What complementary documents to provide
3. Identification of necessary appearing parties:
   • Who must participate obligatorily
   • Necessary representations
   • Required powers of attorney or authorizations
4. Legal strategy:
   • How to draft for maximum evidentiary effectiveness
   • What clauses to include for your protection
   • Frequent errors to avoid
   • Alternatives if minutes are not the best option

Advisory process:

1. Initial consultation (30-60 min): Video call or phone call where you explain your case
2. Analysis by the notary: Feasibility and options study
3. Content proposal: We send you a draft of what it should contain
4. Iteration: We adjust according to your comments
5. Final version: Minutes optimized for your needs

Situations where advisory is critical:

• First time making an Apud Acta
• Complex case with multiple parties
• High risk of future litigation
• Significant economic amounts at stake
• You need maximum legal protection

Many clients contact us with a vague idea and after advisory they have a perfectly designed minutes to protect them.