A notarial certificate of facts (acta de presencia) is a notarial public instrument whose purpose is to record objective facts or situations that the notary can verify in person, without making value judgements or giving legal opinions. The notary neither judges nor interprets; they simply attest that what they saw, heard, read, smelt, touched, etc., happened in a certain way at a specific place and time.
What does a notarial certificate of facts include?
- The exact date and time at which the notary attended.
- The place where the event occurred.
- A detailed description of the event witnessed by the notary.
- The means of perception (sight, hearing, etc.) used to verify it.
- The people present, if any.
- Photographs or annexes where appropriate (for example, screenshots, documents, etc.).
- The notary's signature and seal.
What exactly does the notary do in a notarial certificate of facts?
- Receives the request from an interested party (for example, a private individual, a company or a lawyer) to attend and verify a fact.
- Goes in person to the place indicated to witness the event. This is essential: the notary must be physically present (or, in certain exceptional cases, access computer systems, review emails, etc.).
- Observes and documents precisely what they see, hear, read or perceive with their senses, without adding personal interpretations.
- Draws up the certificate, recording the facts objectively, without assumptions or judgements.
- Signs the certificate and enters it in the notarial records (protocolo), turning it into a public document with legal value.
Examples of situations where a notarial certificate of facts is used
- Verifying that business premises are closed (useful in lease disputes).
- Confirming that certain people are present at a place.
- Recording the content of a website or social media page before it is deleted.
- Verifying defects or physical damage to a property.
- Certifying that a notice was left at a door.
- Recording the proceedings of a meeting or an owners' association meeting.
- Documenting the faulty operation of equipment or a computer system.
Legal value
A notarial certificate of facts has full evidential value in court as a public document, since it has been drawn up by a public official empowered to attest (fedatario público) (the notary), who holds public authenticating authority (fe pública). This means that what the notary states is presumed to be true, unless the contrary is proven by legal and conclusive means.
Important: what a notary does NOT do in a notarial certificate of facts
- They do not give opinions.
- They do not judge the lawfulness of the facts.
- They do not intervene in disputes (even if the facts are recorded in the certificate).
- They do not resolve disputes or act as a lawyer.