Notarial Certification of Commercial Agreements: Leasing, Guarantees and Inter-Company Loans

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Commercial policies are notarial documents that formalize contracts of a commercial nature such as loans, credits, leasing, factoring, or debt acknowledgments between companies, individuals, or financial entities.

Their main characteristic is that they have the status of executive title, meaning that in case of default you can go directly to court to demand its enforcement without the need for a prior declaratory trial.

The fundamental difference lies in executory force. A private contract requires a complete declaratory trial to prove its validity before it can be executed. A commercial policy, being certified by a notary, allows you to go directly to the executive route.

This means time savings (months or years of difference), savings in procedural costs, and greater guarantee of collection in case of default.

Law 11/2023 transposing European directives introduced the possibility of electronically authorizing notarial documents, including commercial policies, through videoconference.

This means you can formalize your commercial policy online with the same legal validity as an in-person policy, provided that electronic identification requirements, express consent, and secure connection are met.

To formalize an online commercial policy you need:

• Identification: Valid ID, NIE, or passport of all signers
• Digital certificate: For electronic document signing
• Contract draft: Text with the terms and conditions of the agreement to be certified
• Internet connection: For the videoconference with the notary
• Additional documentation: Depending on the type of policy (incorporation deeds if companies, etc.)

The complete process is usually completed in less than 24 hours from when you provide all the documentation:

• Initial consultation and review: 2-4 hours
• Policy drafting by the notary: 8-12 hours
• Videoconference and signature: 30 minutes
• Protocolization and digital delivery: 2-4 hours

In urgent cases we can expedite the process even more.

The main advantages are:

• Agility: Formalize contracts without travel or waiting, saving up to 70% of time
• Flexibility: Coordinate signing with all parties without physically meeting
• Savings: Reduce travel costs and lost work time
• Legal certainty: Maintains complete legal validity and guarantees of notarial intervention
• Accessibility: Available from anywhere in Spain

Yes, there are some legally established limitations:

• It is not possible to electronically authorize documents involving constitution or transfer of real rights over real property
• All parties must have a digital certificate or recognized electronic signature
• Express consent of all parties is required for electronic formalization
• Some specific operations may require physical presence at the notary's discretion

The cost of a commercial policy mainly depends on the amount of the contract being formalized, as notarial fees are calculated based on this.

As an approximate reference:

• Policies up to €6,000: from €60-90
• Policies €6,000-30,000: €90-180
• Policies €30,000-60,000: €180-300
• Higher policies: consult based on amount

Contact us for an exact quote for your case.

Yes, absolutely. A commercial policy formalized online through notarial videoconference has exactly the same legal validity as an in-person policy.

Law 11/2023 expressly equates both procedures, and the resulting document has identical status as an executive title before the courts. Recognized electronic signature has the same value as handwritten signature.

Yes, and it is highly recommended. Formalizing loans between family members through a commercial policy offers important advantages:

• Before Tax Authority: Proves it is a loan and not a donation, avoiding tax problems
• Legal certainty: Protects both lender and borrower by clearly establishing terms and deadlines
• Avoids conflicts: Prevents family misunderstandings by putting everything in writing
• Executability: If necessary, allows claiming repayment with executive title

If a party breaches the commercial policy, the beneficiary can:

• Go directly to the executive route presenting the policy before the court
• It is not necessary to prove the existence of the debt in a prior declaratory trial
• The process is much faster (months instead of years)
• Procedural costs are lower
• The probability of effective collection is significantly higher

This is precisely the main advantage of formalizing contracts through a commercial policy instead of a private contract.

No. The process is 100% online. Everything is done through:

• Document submission by email or secure platform
• Videoconference with the notary for signing
• Delivery of the certified document in digital format

You don't need to travel at any point in the process. You only need an internet connection, digital certificate, and a device with a camera for the videoconference.