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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Company Law · Menorca

Notarisation of private documents

Updated 17/07/2025

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Notarisation of a private document (elevación a público) is the process by which a private document or an agreement between parties is formalised in a public deed (escritura pública) executed before a notary. This gives the document greater legal and evidential force, as the notary attests to its content, the identity of the signatories and the intentions they have expressed.

It is an essential procedure for providing legal certainty, public record and effect against third parties for acts or contracts that were originally only private in nature.

What is it for?

  • Giving private documents or agreements authenticity and legal value
  • Ensuring the notary's official attestation of the content and signature
  • Allowing registration with official bodies where appropriate
  • Making it easier to prove and enforce in the event of a dispute

What does the notary do?

  1. Receives and reviews the private document or agreement submitted
  2. Drafts the public deed that incorporates or reproduces its content
  3. Verifies the identity, capacity and intentions of the signatories
  4. Has the signatories sign in their presence and attests to it
  5. Files the deed and issues certified copies to the parties

Common examples of notarisation

  • Private contracts that the parties wish to formalise before a notary
  • Agreements for sale, lease, gifts, etc.
  • Minutes of company meetings or assemblies that have not been formalised
  • Documents that need to be entered in public registries

Important considerations

  • The process may take some time to allow for proper review and drafting
  • It must comply with the law and must not contravene mandatory rules
  • It generally involves payment of notary's fees and possible registration costs
  • The private document must be signed, or signed before the notary, in order to be notarised

Once notarised, the document acquires full evidential force and is presumed to be true in both content and signature unless proven otherwise. This provides greater legal certainty and makes it easier for the document to be recognised in legal and administrative contexts.

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