Summary.
The draft bill establishes a notarial framework for the Republic of Panama. It defines public faith as the state's authority to certify the authenticity and truthfulness of documents and assigns notaries public the receipt, preparation, and authentication of declarations, acts, and contracts that individuals or legal entities wish or are required to place on the public record. It provides that notarial circuits share the names, seats, and boundaries of judicial circuits.
To serve as a notary public, a person must be a Panamanian national, fully enjoy civil and political rights, be 35 years old, hold a registered law degree, reside in the circuit seat, and have 10 years of professional practice or service in the specified legal positions. Persons convicted of an intentional crime punishable by imprisonment are ineligible. Foreign degrees must be validated by the University of Panama (Universidad de Panamá) and registered with the Ministry of Education (Ministerio de Educación) or the appropriate office. Appointments last 5 years, with no further terms, and appointees must complete a notarial law diploma program of at least 120 hours offered by the Ministry of Government or a university in Panama. Appointment requires consensus within a technical board comprising representatives of the Office of the Attorney General for Administration (Procuraduría de Administración), the Judicial Branch (Órgano Judicial), the National Assembly (Asamblea Nacional), the Ombudsman's Office (Defensoría del Pueblo), the National Bar Association (Colegio Nacional de Abogados), the Citizens' Alliance for Justice (Alianza Ciudadana Pro Justicia), and the Ecumenical Committee (Comité Ecuménico).
Notarial powers include authenticating signatures and other means of identification; preparing public deeds; certifying legal transactions; executing powers of attorney, prenuptial agreements, and wills; performing civil marriages; issuing protests under the Commercial Code; taking part in succession and testamentary proceedings governed by the Judicial Code; comparing copies with originals, opening books, and recording facts, meetings, and the contents of documents. Notaries may perform these functions inside or outside their offices within the designated territory of the circuit seat. They may not authenticate instruments benefiting themselves, persons connected to them, or certain related legal entities; hold certain representative positions; authenticate instruments contrary to law; or delegate functions to unauthorized persons.
The Ministry of Government would oversee, inspect, audit, and impose sanctions in relation to notarial practice. The draft bill defines the Notarial Protocol and directs the ministry to regulate its books by executive decree. It requires an annual physical or digital copy of the protocol to be delivered to the National Archives and directs the Government Innovation Authority (Autoridad de Innovación Gubernamental) to create a system for automating and storing protocols. Failure to deliver them carries penalties ranging from 5,000 balboas (B/. 5,000.00) to 50,000 balboas (B/. 50,000.00). At the end of a term, the outgoing and incoming notaries must formally record an inventory of files and property. The bill also requires exclusive notarial paper printed by a state printing office designated by the ministry, as well as notarial seals regulated by the ministry.
It provides notaries access to the Identity Verification Service of the Electoral Tribunal (Tribunal Electoral) or the system then in use, provided the data are used only for notarial purposes and subject to liability under the Personal Data Protection Law. It recognizes the validity of electronic signatures certified by the National Directorate of Electronic Signatures (Dirección Nacional de Firma Electrónica) without notarial involvement. It repeals Title XVI of Book IV of the Administrative Code and Chapter I of Title 1 of Book Five of the Civil Code; declares the law to be a matter of public order and to have retroactive effect; and sets its entry into force for the day after its promulgation in the Official Gazette. Its provisions concern the Ministry of Government, the National Archives, and the other institutions named, as well as users of notarial services, companies, property owners, and legal professionals.
What it proposes.
- Organization and exercise of notarial functions.
- Appointment, powers, and prohibitions of notaries public.
- Notarial protocols, files, oversight, and sanctions.
- User identification, seals, and electronic signatures.
Who it would affect.
- Notaries public and applicants for the position.
- Individuals and legal entities using notarial services.
- Institutions responsible for notarial appointments, oversight, and archives.
Key points.
- Establishes the notarial framework, defines public faith, and aligns notarial circuits with judicial circuits.Arts. 1-4
- Sets personal, educational, and experience requirements for serving as a notary public.Art. 5
- Provides for 5-year appointments with no further terms and requires a notarial law diploma program of at least 120 hours.Arts. 6-7
- Assigns appointment by consensus to a technical board made up of institutional and civil society representatives.Art. 8
- Lists the acts a notary may perform and defines the territory in which they may be performed.Art. 9
- Prohibits certain acts because of personal or legal ties, the authentication of instruments contrary to law, and unauthorized delegation.Art. 10
- Assigns notarial oversight and audits to the Ministry of Government (Ministerio de Gobierno); requires annual delivery of the protocol to the National Archives (Archivos Nacionales); and provides sanctions for noncompliance.Arts. 11-14
- Requires an inventory of files and property at the end of a term and provides for the use of exclusive notarial paper.Arts. 15-16