Notarial functions
Notarial functions are fully regulated in all aspects by Law 11/2017, of 25 May, on notaries public.
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. The current notarial regulation is basically established in Law 11/2017, of May 25 and in Decree 17-6-2020, which approves the Regulation of the code of ethics, internal regulations and notary fees.
The notary and
the profession
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).
This manual contains the internal actions and procedures, which as obligated subject imposes on the notary the current legislation on the matter.
Compliance with the regulations on the protection of personal data
In accordance with the provisions of Law 29/2021, of October 28th, on the protection of personal data, the Notary’s Office takes special care in the protection of personal data corresponding to natural persons, under the legal principle of providing a sufficient and reasonable degree of protection to the right that every person has in their privacy, a fundamental right recognized by the Constitution in Article 14.
Contact
If you have any queries or would like further information, please complete the form below and we will get back to you as soon as possible.
Phone: +376 801 000
Location
The notary’s office is located in an office and building that are accessible to people with reduced mobility. Furthermore, it is located in an area of Andorra la Vella with several adjacent public car parks.
Prat de la Creu street 36, 2n
AD500 Andorra la Vella, Principat d’Andorra
Opening hours
From Monday to Thursday
From 09:00 h to 13:00 h
From 15:00 h to 19:00 h
Fridays
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
