_ESPAÑOL _FRANÇAIS _DEUTSCH


DOCUMENTS

PRELIMINARY CONSIDERATIONS:

From Notary Office Sansalvadó we set out below the minimum required details the Notary Public will ask you to grant any deed or notarial document in notarial offices:

If grantors are natural persons, they must submit their National identity Document (DNI), passport, residence card and, if any, their Foreign Identification Number (NIE) in order for the Notary Public to verify their identity; they must also state their marital status and, if married, their marriage property system (this is particularly important for sales, mortgages, inheritances or wills).

If grantors are legal persons, the legalized or authorized copy of the incorporation deed of the company must be submitted and, if any, of their subsequent modifications, as well as the deed or authentic document certifying the authority and duration of its representative.

Notaries are public officers at your service. The Notary Public will give you advice on the best option.


REAL ESTATE SALES

Basic Information:

Basic information:

  • Ownership title of the property you want to transfer. This document will allow us to obtain all necessary details to request the Land Registry the registration information of the property and verify the title, description and charges.
  • It is important to provide the Notary Public with detailed information on charges and urban characteristics affecting the property to be transferred.
  • The last payment receipt of the Real Estate Tax (Impuesto sobre Bienes Inmuebles (IBI)). This document certifies payment of the tax and also the cadastral reference, which will allow us to obtain exhaustive cadastral information and consult by telematic means the existence of any debts in the IBI payment.
  • If leased, the lease agreement.
  • Certificate of occupancy in force.
  • It is also advisable, if the property is included in an owners association, to submit a certificate of being up to date with debts to the association, which you may ask the Property Administrator.
  • If the property transferred is the family home of the seller, the consent of the other spouse or the member of the civil partner will be required.
  • The sale price and the terms of payment, which must be documented.
  • Finally, you must take into account that the purchaser is entitled to freely choose the Notary Public he may want to grant the sale deed.
  • MORTGAGES

    If you want to contract any mortgage with a financial entity, we will ask you for details of such entity to contact them and be provided with the professional fees and conditions agreed for drawing up the pertinent deed and details of the representatives to act on their behalf. We will also need the ownership titles of the property or properties mortgaged, the last IBI receipt and any other data or documentation that may be relevant.

    CANCELLATION OF MORTGAGES:

    Basic information:

    • Land Registry certificate of the property under mortgage or sufficient details to obtain it from the Notary Office.
    • Details of the mortgage to be cancelled.
    • Certificate by the bank entity of the mortgage administrative or economic cancellation.
    • Details of the bank entity to identify the representatives who will grant the mortgage cancellation.
    • In case of mortgage cancellation for expiration causes, please consult the Notary Office.

    INHERITANCES

    Basic Information:
    • Death certificate.
    • Certificate of the Last Wills Registry. You can ask for this document directly or through the Notary Office, which will allow us to know if the deceased has made a will.
    • If there is a testament, you must provide an authorized copy of the testament, which you may ask directly or through the Notary Public who is preparing the inheritance deed.
    • If there is not a testament, any person with lawful interest may ask a Notary Public of the last domicile of the deceased to grant, with the presence of two witnesses, the Certificate of Declaration of Heirs in Intestate Proceeding (only if heirs are descendants, ascendants or spouse of the deceased; in the other cases, it must be executed in courts).
    • Municipal registration certificate of the deceased.
    • To make the inventory and assessment of the real estate contained in the estate, you must provide the titles, the last IBI payment receipts and inform on its charges and/or leases.
    • To make the inventory of and assess the accounts, deposits, investments funds, securities, etc.., you must provide a certificate drew by the corresponding bank certifying the existing balance or value on the death date of the deceased and its title.
    • If the deceased had shares or stakes in any company, you must provide the ownership titles or a certificate of the management certifying its title and value.
    • If the deceased had a car, you must provide its technical specifications.
    • If the deceased may have underwritten any life insurance policy, you must provide the certification of the corresponding entity. To be informed on any life insurance, you must ask, directly or through the Notary Office, a certificate from the Registry of death coverage insurance contracts.
    • Invoices of any last illness, burial and funeral.
    • Documents certifying any outstanding debts upon demise of the deceased to deduct them from the inheritance.
    • Any other document that may be relevant for certifying the assets contained in the inheritance or paying the Inheritance Tax ("Impuesto de Sucesiones").

    TESTAMENTS

    Basic Information:
    • For making your will, you must inform us on your will and family situation, as well as your personal details and DNI.

    DECLARATION OF HEIRS:

    Any person with lawful interest may ask a Notary Public of the last domicile of the deceased to grant the Certificate of Declaration of Heirs in Intestate Proceeding (only if heirs are descendants, ascendants or spouse of the deceased; in the other cases, it must be executed in courts).

    Basic Information:
    • Death certificate.
    • Certificate of the Last Wills Registry ("Registro General de Actos de Última Voluntad"), certifying that there is no testament. You can ask for this document directly or through the Notary Office.
    • Municipal registration certificate of the deceased.
    • Certify the family situation of the deceased by submitting the Family Book, certificates of the Civil Registry, separation or divorce judgment or any other document certifying the relationship or marital status of the deceased.
    • Details of heirs and the two people, with no direct interest in the declaration, who must appear as witnesses upon granting of the Certificate of Declaration of Heirs in Intestate Proceeding, as the persons with knowledge of the causing events.

    INCORPORATION OF COMPANIES

    Basic Information:
    • Indicate the corporate name chosen, together with a certificate of the Central Companies Registry, certifying that there is no other company with this name. You can ask directly for this certificate or through the Notary Office by the available telematic means.
    • Indicate the stock capital (a minimum of 3,000 Euros for limited liability companies and a minimum of 60,000 Euros for joint stock companies) and if the contribution will be monetary (in which case, you must provide a bank certificate of the money deposit in an open account in the name of the company and on a date, at the latest, two months before the deed) or non-monetary (in which case, you must provide the necessary documentation for its description and, if a joint stock company, an independent expert report).
    • Indicate the activity of the company to determine its corporate purpose.
    • Indicate the registered offices.
    • Indicate the management system of the company (sole director, two or more joint and several directors, two or more joint directors or a Board of Directors) and the identity of its members.
    • Indicate the partners of the company and number of stakes or shares held by each of them.
    • The Articles of Association, which you may draw up yourself or through the Notary Public, with the information provided.

    CORPORATE ACTS

    To legalize before a Notary Public any corporate agreements of a certain company, such as, among others, the resignation and/or appointment of positions, transfer of the registered offices, modification of the corporate purpose, change of the corporate name, modification of the Articles of Association, increase or reduction of the stock capital, transformation of the company, etc., you can directly contact the Notary Office and we will inform you on the requirements and documentation required for each case.

    SALE OF SHARES OR CORPORATE STAKES

    Basic Information:
    • Identity details of the purchaser and the seller..
    • Ownership title of shares or stakes to be transferred.
    • Copy of the incorporation deed and the deed containing the Articles of Association in force of the company to verify if there is any limitation for transfers (in this case, we will inform you if you also need a certificate by the Management of the company certifying the all statutory conditions have been fulfilled and/or the waiver by the other partners of their pre-emptive acquisition right)..
    • Inform on the par value of shares or stakes, their charges, price and terms of payment..

    NOTARIAL CERTIFICATES

    If you want to ask the Notary Public to issue a Notarial Certificate (of presence, delivery of documents by post, notice and summons, submission of things or documents, of reference, knowledge, registration, deposit, etc.) to give evidence of certain facts and/or circumstances witnessed or known by the Notary Public, please contact directly with the Notary Office..

    POWERS OF ATTORNEY

    Basic Information:
    • For granting powers of attorney (either special or general) we will require details on the authority to be delegated and the identification details of the proxies.
    • For granting powers of attorney for litigation purposes, we will require information on the lawyers and/or court liaisons in favour of whom you want to grant the powers.

    POLICIES

    Basic Information:

    For managing guarantees, leasing and renting policies, loan or credit policies, share pledge or stakes policies, investment funds or negotiable securities policies, you must provide the details of the bank entity with which you may have contracted it to collect all necessary information..