A notarial record of protocolisation (acta de protocolización) is a notarial document in which the notary incorporates a private document, a written statement or any other instrument into the notarial protocol (the notary's official archive). This means that the notary attests to the existence, content and date of that document, giving it the status of a public document with legal value.
What Is It For?
- Giving legal certainty to private documents
- Making it easier to provide evidence in court cases or administrative procedures
- Increasing the authenticity and legal validity of the protocolised document
- Preserving important documents in the notarial archive
What Does the Notary Do?
- Receives the private document to be protocolised
- Verifies the authenticity and signature of the document where possible
- Drafts the record of protocolisation, stating the essential details
- Incorporates the document into the notarial protocol with a date and number
- Provides a certified copy to the applicant if required
Which Documents Can Be Protocolised?
- Private contracts
- Handwritten (holographic) wills
- Documents signed without the notary being present
- Public deeds (escrituras públicas) that require supplementary documents
- Records, powers of attorney and agreements, among others
Important Considerations
- The notary does not validate the content, but does attest to its existence and signature
- The exact date of protocolisation is recorded for legal purposes
- Protocolisation does not replace registration in a public registry where this is required
- It may be a prerequisite for certain legal or court procedures
Legal Value
The record of protocolisation gives the private document the status of a public document, granting it a presumption of truthfulness and authenticity. This makes it easier to use as legal evidence in court, administrative or notarial proceedings.