A Notary Public officially certifies all acts and contracts he authorises, and offers advice to those who require a notarial document.
Andorran notaries public
The current law on notaries public explains that the first Andorran law on notaries was “the Notarial Law of 28 November, 1996”, which considers that “the figure of the notary is deeply rooted in the legal history of the Principality of Andorra, dating back to the second Parliament of 6 December, 1288.
Indeed, Manuel Digest, written in 1748 by Antoni Fiter i Rossell, demonstrates the importance of notaries public, being the subject of Chapter VII in Book II.”
The prerogative of the appointment of a notary public corresponded exclusively to the co-princes, however, following the decision of the episcopal co-prince Andreu Capella on 8 February, 1607, the General Council was granted the power to present two suitable candidates to govern the office of the Valleys of Andorra. The practice of alternative appointment of notaries remained in force until, with the reduction of notarial powers attributed to the parish priests, the sanctioning of a decree by the episcopal co-prince Francesc Fernández de Xàtiva, on 17 March, 1769, resulted in the increased activity of notaries. This is why from then on, the co-princes co-nominated a notary, between two candidates proposed in each case by the General Council.
The 1993 Constitution provisionally upheld the previous notarial system, however the additional provision contained within title VIII of the Law of Justice, of 3 September, 1993, established the same so long as a Law did not determine the special conditions required of new notaries. This Law was approved on 28 November, 1996 and was widely developed and supplemented by the General Notary Regulations, dated 20 February, 1998, which regulated the General Office of Notarial Records and the Central Register of Last Wills and Testaments. Law 11/2017, of 25 May, on notaries public, thereby updated and unified the 1996 Act and the 1998 Regulations.
The notary and
The law attributes notaries public with the authorisation to certify all private law relations that are to be established or declared without the intervention of jurisdictional bodies, while a notary public is defined as a professional with the right to act as a public official, with the authority to vouch for contracts and other extrajudicial acts, register and issue copies of the same. Notaries act under the concept of a public service obligation in relation to the functions entrusted to them.
The number of notaries and professional requirements
The determination of the number of notaries and the requirements that must be fulfilled in order to carry out the profession are regulated by law and encompass academic training, good conduct and technical aptitude and training, in addition to the strict regime of incompatibilities to which they are subject.
Responsibility and the profession
Notaries act according to the notarial principles of petition and free will, are duty-bound to keep the documents they authorise for a period of 25 years with periodic registration of the same. In addition, notarial activity is controlled by the competent ministry in matters of justice, which results in corresponding inspections and the possibility of undergoing disciplinary procedures.
The law attributes notaries public with the authorisation to certify all private law relations that are to be established or declared without the intervention of jurisdictional bodies.
The Chamber of Notaries, the General Office of Notarial Records and the Registry of Last Wills and Testaments
The law regulates these aspects, so that the Chamber of Notaries is set up as a body of public law and professional character, with its own legal personality, to which all notaries are required to belong. The General Office of Notarial Records, attached to the Chamber of Notaries, is an archive where the records from former notaries and records over 25 years old are registered, and the Registry of Last Wills and Testaments, also attached to the Chamber of Notaries, which defines the nature of, and who will be responsible for, the expenses incurred in its management and maintenance. In addition, the delivery of records from the General Office of Notarial Records and the right of access notaries have, as well as the procedure for the registration, communication and delivery of certifications concerning the Registry of Last Wills and Testaments is also regulated.
Prevention of Money laundering
Notary Bartumeu has a manual, private and confidential, regarding the implementation, execution and review of the internal system for the prevention of money laundering and financing of terrorism, as well as the mandatory Individual Risk Study (ERI).
Notary Bartumeu has a manual, private and confidential, regarding the implementation, execution and review of the internal system for the prevention of money laundering and financing of terrorism, as well as the mandatory Individual Risk Study (ERI). This manual contains the internal actions and procedures, as an obligated subject in accordance with the provisions of article 2.b of Legislative Decree 19/02/2020 publication of the revised text of Law 14/2017. However, the Notary is only considered to be an obligated subject for those subject operations, as described in said article 2.b of the Law.
This manual is obviously in accordance with current legislation, particularly the Legislative Decree of 19/02/2020 publication of the revised text of Law 14/2017, of 22 June, on the prevention and fight against money laundering and financing of terrorism Official Gazette of the Principality of Andorra ; the Decree approving the Regulations for the application of the Legislative Decree of 19/02/2020 publication of the revised text of Law 14/2017 and the Revised Text of the law on international criminal cooperation and the fight against money laundering and the financing of terrorism, of 29 December, 2000 (modified by Law 28/2008 of 11 December, by Law 4/2011, of 25 May, by Law 20/2013, of 10 October, by Law 4/2014, of 27 March, by Law 2/2015, of 15 January and Law 11/2015, of 16 July). Financial Intelligence Unit of Andorra
Compliance with the regulations on the protection of personal data
In accordance with Law 15/2003, of 18 December, on the protection of personal data, theOfficial Gazette of the Principality of Andorra and the Decree of 9-06-2010 approving the Regulations of the Andorran Data Protection Agency, the Notary takes special care in protecting the personal data of individuals, under the legal principle of providing a reasonable and sufficient degree of protection of the right that everyone has to their privacy, a fundamental right recognised in article 14 of the Constitution.
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The Notary is located in an office and building adapted for access of people with reduced mobility. In addition, it is located in an area of Andorra la Vella where there are several public car parks very close by.
Prat de la Creu street 36, 2nd floor
AD500 Andorra la Vella-Principat d’Andorra
From Monday to Thursday
From 09:00 h to 13:00 h
From 15:00 h to 19:00 h
From 09:00 h to 14:00 h
From 15:00 h to 18:00 h
Fridays June to August
From 09:00 h to 15:00 h