Under Spanish law, the principle of equivalence for notarial documents signed abroad ensures that these documents have the same legal validity as those signed in Spain, provided they meet specific requirements. Here is an overview of how this principle operates:
1. International Treaties and Agreements
Hague Convention (1961): Spain is a signatory to the Hague Apostille Convention, which simplifies the legalisation process for public documents, including notarial acts. Documents notarised in other signatory countries only need an apostille to be recognised in Spain.
Bilateral Treaties: Spain may have bilateral treaties with specific countries that outline the mutual recognition of notarial documents.
2. Legalisation or Apostille
Apostille: If the country where the document was notarised is a signatory to the Hague Convention, an apostille from the relevant authority in that country suffices for the document to be valid in Spain.
Legalisation: For countries not part of the Hague Convention, a more complex legalisation process is required. This usually involves certification by the relevant authorities in the originating country and then by the Spanish consulate or embassy.
3. Translation Requirements
Official Translation: Notarial documents in a foreign language must be translated into Spanish by a sworn translator (traductor jurado) recognised by the Spanish Ministry of Foreign Affairs. Notarial documents drafted in English and Spanish do not require translation.
4. Form and Content
Conformity to Spanish Law: The content of the notarial document must conform to Spanish public order and legal standards. This ensures that the document can be effectively executed and enforced in Spain. In effect the document must follow the same legal formalities and format as if signed before a Notary Public in Spain.
Format: The document must be in a form that is legally recognisable under Spanish law. This includes proper notarisation and witnessing if required, as well as structure, composition and wording of the document which must be drafted in Spanish, or in Spanish and another language.
5. Registration with Spanish Authorities
Property and Corporate Documents: Documents related to real estate transactions, company incorporations, or modifications of articles of association of a Spanish company often need to be registered with relevant Spanish authorities, such as the Land Registry or the Mercantile Registry.
Tax Considerations: Compliance with Spanish tax laws and any related declarations or payments is also necessary for certain transactions.
Practical Steps for Recognition:
Obtain Apostille/Legalisation: Ensure the foreign notarial document is either apostilled or legalised as required.
Sworn Translation: Translate the document into Spanish by a sworn translator, or prepare the document in both languages, in Spanish and in English or another language.
Compliance Check: Verify that the document’s content complies with Spanish legal standards and required formalities.
Register and Submit: Submit the document to the relevant Spanish authority for registration, if necessary.
Specific Situations:
Powers of Attorney: Often used in real estate and legal proceedings, these must be notarised, apostilled/legalised, translated or drafted in both languages, and may need to be registered.
Wills and Inheritance: Foreign wills must comply with Spanish inheritance laws and are subject to the same process of apostille/legalisation, translation and registration.
In summary, the equivalence principle allows for the recognition of notarial documents signed abroad under Spanish law, provided they are properly legalised or apostilled, translated, and conform to Spanish legal standards and required formalities. This ensures that such documents can be effectively used within the Spanish legal and administrative system.
At Lopez & Moreno Associates, Notaries & Spanish Lawyers, we are able to prepare notarial documents that comply with all the necessary requirements to be legally valid in Spain.
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