Second copies (segundas copias) are authentic, official reproductions of a public deed (escritura pública) previously issued by a notary's office. Unlike simple copies, second copies have full legal effect and can be used for registration, court proceedings and administrative procedures.
Why Are They Called "Second" Copies?
Although they are called "second", they may be the second, third or any subsequent authorised reproduction of the original deed (the original kept in the notary's protocol, or official archive). The term simply distinguishes them from the first copy, which is the one initially given to the parties.
Types of Notarial Copies
- Simple copyfor reference only, with no legal value as evidence.
- First copythe authorised copy with legal value that is issued after the deed is executed.
- Second copyan additional authorised copy with the same value as the first.
What Are Second Copies Used For?
- Registration with the Land Registry (Registro de la Propiedad) or the Companies Registry (Registro Mercantil).
- Court or administrative procedureswhere an original public document is required.
- Replacing lost documents.
- Banking, tax or inheritance matters.
Requirements for Obtaining a Second Copy
A second copy is not issued automatically. It requires:
- A request by a legitimately interested partythey must have a legal interest and be entitled to request it.
- Authorisation by the notarywho will verify the reason and legitimacy of the request.
- Verification of the notarial protocolto confirm that the original exists.
What Legal Value Does It Have?
A second notarial copy has the same legal value as the first. In other words, it is a public document with full evidential and enforceable effect. It can be used in court, administrative and registration procedures.
When Are They Issued as Enforceable Copies?
When a second copy is requested in order to enforce a right (for example, a debt secured by public deed), the reason must be justified and the notary may require proof of certain conditions, such as prior notification or the maturity of an obligation.