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Covid-19 | Execution of notarial acts at distance, by electronic means, due to the Coronavírus pandemic
In April 24 of the current year, the Administrative Department of the Courts of the State of São Paulo enacted a ruling (“Provimento CG No. 12/2020”) which provides for the practice of notarial acts by electronic means, using technological resources that can ensure the publicity and veracity of the acts performed, which are the videoconference and the digital signature certificate in ICP-Brasil standard.
The ruling authorized the execution of public deeds, including notary minutes and public power of attorney instruments. Nevertheless, public deeds of will and the approval of sealed wills were not included in the ruling´s list.
Such measure was taken in view of the necessity of the sanitary and salutary preservation of all employees and citizens in general, as well as to preserve the plain functionality of the notary services which are considered essential for the protection and promotion of the business relations, and for the development of the economy. Among its key sectors are the circulation of real properties and the obtainment of credit related to the constitution of in rem real estate guarantees.
The criteria to select the notary office is the territorial circumscription, either of the real property or of the domicile of the parties. Thus, each procedure shall observe the following:
- Public deeds regarding the constitution or the transmission of in rem real estate rights: the competency to execute the acts will be exclusive of the notary office of the circumscription of the real property. For real properties located in different circumscriptions, the competency shall be granted to the notaries of both circumscriptions.
- Notary minutes: shall be requested to the notary office of the claimant’s domicile, or of the location of the fact when it involves acts out of the notary office jurisdiction.
- Public Power of Attorney instruments: shall be executed by the notary office of the grantor’s domicile.
For the purposes of attesting the domicile of the parties, the following must be observed: for legal entities, it shall be considered the headquarter of the parent company, or of the subsidiary, when in relation to business carried out at its location, as registered in the competent bodies; for individuals, it will be through the verification of the electoral card or of the domicile declared for the purpose of the income tax of the previous year.
The responsibility of confirming the identity and the legitimacy of the parties to which the business refers to will rest with the designated notary, which is allowed to require the submission of supporting documents or of a formal declaration of will of the interested party, in addition to the digital signature required.
For the manifestation of intent of the parties, the notary will send the document on PDF format containing the entire content of the notarial act performed. The parties will formalize their acceptance by means of a video call. Afterward, with the dispatch of the digital signatures, a HASH code will be issued and must be attached to the Notary Book of the respective notary office containing the identification of the parties, concluding the register procedure with the notary´s or its legal substitute´s signature.
At the end, the documents shall be archived in digital securitized medias for an undetermined term, as provided for on articles 3rd and 7th.
The term of validity of the ruling is thirty days counted from its publication, on 04/24/2020.
