A notarial notice (acta de notificación) is a notarial document whereby the notary formally informs a person of a fact, decision, demand or situation, and records that the notice has been served. It may also record that the person refused to accept it or was not at the address, in which case this is likewise recorded.
What is it for?
- Leaving legal proof that someone has been informed
- Meeting legal or contractual notice requirements
- Providing evidence in court or administrative proceedings
- Giving notice of business or employment decisions
- Giving notice on matters relating to owners' associations, leases or evictions
What exactly does the notary do?
- Receives the request from the person concerned (the notifying party)
- Drafts the document or receives the content to be notified
- Goes in person to the address or place indicated
- Delivers the notice or records that delivery was not possible (due to absence, refusal, etc.)
- Draws up the record setting out everything that occurred during the visit
What can be notified?
- Formal claims or demands
- Termination of contracts or personal relationships
- Matters relating to owners' associations or property owners
- Business decisions, dismissals, warnings
- Legal or out-of-court warnings
Important considerations
- The notary must identify the recipient, if present
- If the recipient is not there, the notary may leave a record at their place of residence
- If the person refuses to accept the notice, this is recorded all the same
- The date and time are recorded precisely
Legal value
A notarial notice is a public document with full evidential value, as it has been drawn up by a public official empowered to attest (fedatario público). It is considered sufficient proof that the person was duly notified, even if they refused to sign or were not present.