Summary.
The draft bill amends Law 57 of 1976 to place the Special Notary Office within the Notarial Circuit of Panama, attached to the Municipality of San Miguelito and headquartered in the District of San Miguelito. It authorizes the office to receive, prepare and certify declarations, acts and contracts to which individuals or legal entities wish or are required to give authenticity and public record. The reform also aims to modernize and expand the office’s legal framework, institutional structure and capacity to provide notarial services.
The Special Notary Office would be headed by a special notary public, a public servant entrusted with the authority to certify documents and acts. The mayor would have discretion to appoint and remove the notary and subordinate employees; the Mayor’s Office of San Miguelito would pay their salaries and operating expenses. The notary’s term would be 4 years, renewable once. The position would require Panamanian nationality by birth, a minimum age of 35, full civil and political rights, a registered law degree, 10 years of legal practice or specified legal or teaching service, and no final conviction for an intentional offense. Institutions where that experience could be gained include the Judicial Branch (Órgano Judicial), the Public Prosecutor’s Office (Ministerio Público), the Electoral Tribunal (Tribunal Electoral) and the Ombudsman’s Office (Defensoría del Pueblo). The text also recognizes certain qualifications for service as a justice of the Supreme Court of Justice (Corte Suprema de Justicia).
The notary would have 2 alternates appointed through the same procedure and subject to the same qualifications. They would serve in the order set by the mayor during the notary’s temporary or permanent absence or disqualification. In the event of a permanent vacancy, they would serve until a replacement is appointed for the remainder of the term. The notary would direct a staff comprising an administrator, reception, authentication and records personnel, and clerks according to the volume of documents. Staff would have the rights, duties and functions established for public servants and in the Mayor’s Office of San Miguelito’s job manual.
The Special Notary Office of San Miguelito would have exclusive authority over acts connected with subdivision and social housing projects entered into with the High-Level Commission (Comisión de Alto Nivel) or the Municipality, regardless of the transaction value. Its other functions would include authenticating signatures; preparing deeds for legal entities and for property and property rights valued at up to 250,000 balboas (B/.250,000.00) per transaction; certifying copies against originals; performing civil marriages; handling testamentary and succession matters; executing powers of attorney; issuing certifications; and performing other acts requiring notarial certification. The notary could act at or away from the office, on any day and at any time, within the Notarial Circuit of Panama. The notary would safeguard the notarial records and send them annually to the National Archives (Archivo Nacional) in accordance with the rules of the National Directorate of the National Archives (Dirección Nacional de Archivo Nacional).
Applicants would pay notarial fees, which would be deposited in an account held by the Municipality of San Miguelito at the National Bank of Panama (Banco Nacional de Panamá). The State, autonomous and semi-autonomous entities, and the Municipality would be exempt. After administrative expenses were deducted, 70% of net revenue would fund municipal solid-waste collection and 30% would cover notarial staff and supplies. The Municipal Council of San Miguelito (Concejo Municipal de San Miguelito) would approve the annual allocation in advance by municipal resolution for inclusion in the budget. Documents issued by the Special Notary Office of the District of San Miguelito and eligible for registration in the Public Registry (Registro Público) would be exempt from duties, taxes and charges, except for the municipal notarial fee. The text provides for entry into force 6 months after promulgation in the Official Gazette. Its provisions concern the Municipality of San Miguelito, the Municipal Council of San Miguelito, the National Archives, notarial service applicants, and the housing, real estate and waste-management sectors.
What it proposes.
- Organization and staffing of the Special Notary Office.
- Powers and acts of the special notary public.
- Notarial fees, revenue and exemptions.
- Custody of notarial records and entry into force of the reform.
Who it would affect.
- The special notary public, alternates and staff of the Special Notary Office.
- Individuals and legal entities requesting notarial services.
- The Municipality of San Miguelito and public entities exempt from payment.
- Beneficiaries of municipal subdivision and social housing projects.
Key points.
- The bill redefines the Special Notary Office’s institutional attachment, location and purpose within the Notarial Circuit of Panama.Art. 1
- The mayor would appoint and remove staff and cover salaries and operating expenses; the notary’s term would be 4 years, renewable once.Art. 3
- The bill establishes nationality, age, education, experience and criminal-record requirements for serving as a special notary public.Art. 5
- Two alternates would replace the notary during an absence or disqualification in the order in which they were designated.Art. 6
- The office would have exclusive authority over acts arising from subdivision and social housing projects entered into with the High-Level Commission or the Municipality.Art. 9
- The bill lists notarial acts, including deeds, authentications, marriages, wills and powers of attorney, and defines the territorial scope of the notary’s authority.Arts. 10-11
- Notarial records would be sent annually to the National Archives; the bill governs the payment of fees and distribution of net revenue.Arts. 12-14
- Registrable acts issued by the office would be exempt from duties, taxes and charges, except for the notarial service fee.Art. 16