Electronic conveyancing in Portugal Filomena Gaspar Rosa Registrar

Electronic conveyancing in Portugal Filomena Gaspar Rosa Registrar Novembro 2010

Agenda • Online land registry (e-coveyancing) • Foreign documents

E-conveyancving in Portugal Online land registry

Online Portuguese Land Registry Since 1 st January 2009 the following services, among others, are available at www. predialonline. mj. pt : • Deposit of authenticated private documents • Request registry acts via internet • Permanent Certificate

DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS Online Portuguese Land Registry

Online Portuguese Land Registry DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS • Since 2008 the appeal to a notary for the transfer of a land property is no longer mandatory • Other legal professionals, such as Lawyers, Solicitors and Registrars were able to operate the transmission of the properties through the authentication of the contract of sale.

Online Portuguese Land Registry DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS • The authentication (official attestation of private authentication documents) can only be performed by competent authorities: Lawyers, Chambers of Commerce and Industry, Notaries, Solicitors and Registrars.

Online Portuguese Land Registry DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS

Online Portuguese Land Registry DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS • The authentication’s validity of the private document pends on the deposit CODE 0000 -0000 • The deposit must be carried out in the private document’s certification date, by the entity responsible for the authentication

Online Portuguese Land Registry DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS • With the electronic deposit legal security hasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at www. predialonline. pt • Land registry request of such documents just need to point out the document code, as land register offices can access documents image with the code and this image as values.

ONLINE REGISTRY REQUEST Online Portuguese Land Registry

Online Portuguese Land Registry ONLINE REGISTRY REQUEST Access this service at www. predialonline. mj. pt with a digital certificate, already available to: – Lawyers, Solicitors e Notaries holding a digital certificate. – Citizens with the citizen card

Online Portuguese Land Registry ONLINE REGISTRY REQUEST Ø Requesting a registry has been dematerialised by filling in an electronic form. Documents to submit: • Either send online; • Or indicate the access code of a authenticated private document deposited; • Or indice the document to be informally consulted in a public database

Online Portuguese Land Registry ONLINE REGISTRY REQUEST Specifications • Possibility of requesting all acts subject to land registry • A single electronic Journal (Diary) • Automatic annotation of the requests in the Journal, 24 hours per day, 7 days per week • Automatic Messages to the presenter via e-mail • Emolument reduction of 20% for some acts • Payment with debit and credit cards • Refunds by bank transfer

PERMANENT CERTIFICATE Online Portuguese Land Registry

Online Portuguese Land Registry PERMANENT CERTIFICATE Access online, updated and in real time: – Information pertaining registries in force; – Mention of presentations pertaining pending registry requests.

Online Portuguese Land Registry PERMANENT CERTIFICATE

Online Portuguese Land Registry PERMANENT CERTIFICATE

Online Portuguese Land Registry PERMANENT CERTIFICATE Immovable n. º Code Indentification of the land Property and other inscriptions

Online Portuguese Land Registry PERMANENT CERTIFICATE Legitimacy Anymone can request a certificate, under the terms of the Portuguese Land Registry Code Deadline The Permanent Certificate must become available up to 48 hours upon payment

Online Portuguese Land Registry Electric Form PERMANENT CERTIFICATE

Online Portuguese Land Registry PERMANENT CERTIFICATE • You may request and consult the permanent certificate at: www. predialonline. mj. pt • The certificate request originates an access code • The delivery of the certificate’s access code replaces the presentation of a paper certificate to any public or private entity.

Online Portuguese Land Registry PERMANENT CERTIFICATE Location deadline n. º of the land Access Key Code

FOREIGN DOCUMENTS In the Portuguese land registry

FOREIGN DOCUMENTS In the Portuguese land registry In which conditions is it admissible to register a foreign document in Portugal? • Legalization; • Translation; • Other aspects concerning legal formal requirements

FOREIGN DOCUMENTS In the Portuguese land registry LEGALIZATION FORMALITIES Non judicial documents: • According to Article 365 of the Portuguese Civil Code: « 1. Authentic or private documents issued in a foreign country, in accordance with its legislation, are evidence as would the similar types of documents formally drawn up in Portugal. 2. If the document is not legalized (exequantur or apostille, when applied), under the procedural law, and there are serious doubts about its authenticity or the authenticity of recognition may be required to be legalization. »

FOREIGN DOCUMENTS In the Portuguese land registry • The registrar may accept any documents issued according the foreign law by the competent entities (considering international conflicts rules), without the legalization. • But only if the registrar has no doubts about its compliance with the rules of origin. • However, in practice, the lack of knowledge in national law of foreign countries leads registrars to almost always require the legalization of the documents.

FOREIGN DOCUMENTS In the Portuguese land registry • Judicial documents must always be submitted to exequatur except if the Reg. 44/2001 is applicable. TRANSLATION • The same rules applies to both judicial and extrajudicial documents. • As mentioned above, according to Article 43 of the Code of Land Registry, the documents written in foreign languages may be accepted only when translated under the law, unless they are written in English, French or Spanish and competent official as sufficient knowledge of this language.

FOREIGN DOCUMENTS In the Portuguese land registry OTHER ASPECTS REQUIREMENTS CONCERNING LEGAL FORMAL • If a contract concerning immovable property in a private document is issued according to the law of the country where the interested parties lived in, and it accomplishes to fill a minimum of formal requirements, such as the identification of the properties, and of the parties, it is possible to sustain that it can be accepted to registry (with the legalization or apostille, if the registrar as any doubt, and translation). • It must be at least equivalent to a public deed, in matter of formal requirements (latin type of notary).

FOREIGN DOCUMENTS In the Portuguese land registry OTHER ASPECTS CONCERNING LEGAL FORMAL REQUIREMENTS • In Portugal the registrar must check the legality of the foreign document as well as the national ones (formal and substantial aspects). • The registrar can request the foreign law proof and it is not compelled to know it (But if he does know the foreign law, he can simply apply it, which is rare)

Thank you for your attention Electronic conveyancing in Portugal Filomena Gaspar Rosa Registrar Novembro 2010