The Notaries of The States of The European Union Outline The Regulation of Recognition And Enforcement of Deeds Within The Context of The Union

7 July 2008

The Council of the Notariats of the European Union (CNUE) is finalising the details of its proposed regulation which will entail the establishment of the currently named “Acta Auténtica Europea”, in other words a process that will permit public deeds from the 21 states of the Union with notarial systems – of course included in this are Spain and Germany – to be recognised and enforced in the context of the European Union, independently of the authorising notary of the state.

Taking into account the range of purposes, uses and possibilities of public deeds, as well as the fact that in these states there are over 40,000 notaries and thousands of public offices (general Public Administrations, public registers, courts and Tribunals etc.), the practical transcendence of this new step is as unquestionable as it is great.

The “free circulation” of deeds within the EU will play an indispensable key part in facilitating the smooth carrying out of all movements, contracting and investment in this European environment.

In the coming months, between June and July 2008, the CNUE must present its regulation proposal to the European Commission.

It is important to remember that deeds, by carrying a “filter” or notarial legal control, are enforceable documents – like all Rulings – and thus carry a larger probative force than a private or personal document.

One of the most difficult aspects to coordinate is, and will be, to fully abide by national private law and “save” the granting, use and cost of powers of attorney.

It must be taken into account that this regulation is not able to cover or include deeds relating to buildings susceptible to be subject to inscription or entry into the public register. The reason for this – that ultimately has be considered inevitable and insurmountable – is the diversity of the consistency and nature of public faith in the real estate registering systems of the states involved.

However, in any case, this is an important and positive piece of news that in the near future the notarial system is “Europeanising”, thus there is no need to stress that its functions and aim are as wide as they are essential (setting up and winding up of companies, corporate agreements, wills, many types of records, powers of attorney, inheritance declarations, policies etc.).

For further information, please contact Alex Ensesa Casulleras :