María Elena Jurado and Notarial Services in Panama: A Complete Guide on Deeds, Authentications, and Powers of Attorney

Introduction: The Importance of the Public Notary in Panama

In the Panamanian legal system, the public notary plays a fundamental role as the custodian of public faith. This figure, enshrined in the Civil Code of Panama, has the responsibility of providing authenticity and public record to the acts and contracts that natural or legal persons carry out in their civil and commercial life.

According to Article 1727 of the Civil Code of Panama: "The law entrusts public faith to the Notary with respect to the acts and contracts that must be executed before him, and its trust with respect to documents placed under the custody of said Notary." This legal provision clearly establishes the importance and responsibility placed upon the notary in our society.

Notarial services are essential to guarantee legal security in real estate transactions, the incorporation of companies, the granting of powers of attorney, the formalization of wills, and many other acts of daily life that require full legal validity.

Legal Framework of the Notariate in Panama

The notariate in Panama is regulated by two main regulatory bodies approved simultaneously on August 22, 1916: the Civil Code (Law No. 2), in its Fifth Book - On Notariate and Public Registry, Articles 1714 to 1752, which establishes the functions and public faith of the notary; and the Administrative Code (Law No. 1), which in Title XVI contains provisions on the number of notaries, notarial circuits, and requirements for holding the position.

These regulations have been supplemented by subsequent reforms, such as Law 15 of October 26, 1926 (which reforms provisions of the Administrative Code on notarial matters) and Cabinet Decree No. 29 of February 7, 1990 (which created new notaries in the Panama Circuit).

Article 1715 of the Civil Code establishes the essential function of the notary: "The reception, execution, and authorization of declarations, acts, and contracts to which natural or legal persons must or wish to give authenticity and public record in accordance with the law, are the responsibility of the Public Notary."

It is important to note that, pursuant to Article 1716: "The functions of the notariate may only be exercised by each Notary within their jurisdiction of the respective Notary Circuit; all acts and contracts authorized by a Notary in their official capacity outside such jurisdiction are null and void."

Panama has various notarial circuits distributed throughout the national territory. Panama City, for example, has 13 notaries, while the provinces of Panamá Oeste, Los Santos, Coclé, Chiriquí, and Colón have their own notarial circuits.

Types of Notarial Services

Notarial services cover a wide range of legal acts. Below, we detail the most important ones:

1. Public Deeds

Public deeds are documents authorized by the notary that are recorded in their protocol and enjoy full public faith. They are the main instrument for formalizing legal acts of great importance.

Most common transactions and/or operations performed through Public Deeds:

• Purchase and sale of real property
• Incorporation of corporations, limited liability companies, and others
• Mortgages and real guarantees
• Donations of property
• Declarations of improvements
• Segregations and mergers of properties
• Notarial Declarations
• Prenuptial Agreements
• Wills

To grant a Public Deed, the parties must appear personally before the notary with valid identification and demonstrate legal capacity for the act they wish to formalize.

2. Authentication of Signatures on Documents

Notarial authentication is the process by which the notary certifies the authenticity of signatures on documents. This service is essential for giving legal validity to private documents.

It is worth noting that in the authentication of documents, the Notary only attests and/or certifies that the signature affixed to the document is the signature of the person indicated, but does not attest to the content of the document.

Documents that commonly require authentication:

• Authorization letters for processing before public or private institutions
• Minor exit permits from the country
• Commercial and lease contracts
• Promissory notes and bills of exchange
• Sworn declarations
• Documents for use abroad (which will also require Apostille from the Ministry of Foreign Affairs)

3. Protocolization of Documents

Protocolization consists of incorporating documents into the notarial protocol for permanent legal custody. Through this process, private documents acquire the status of public instruments.

Frequently protocolized documents:

• Minutes of corporate meetings
• Previously executed contracts
• Documents from abroad
• Judicial resolutions
• Succession proceedings
• Corporate Bylaws

4. Notarial Powers of Attorney

Notarial powers of attorney allow a person (grantor) to authorize another (agent) to act on their behalf in various legal matters. Different types exist according to their scope:

• General Power of Attorney: Authorizes the agent to perform a wide range of acts on behalf of the grantor
• Special Power of Attorney: Limits authorization to specific and/or determined acts
• Person-to-person power of attorney: Granted between individuals
• Corporation-to-person power of attorney: When the grantor is a legal entity

To grant a power of attorney, the grantor must appear personally before the notary with their valid identification.

5. Wills

The notarial will is the instrument through which a person disposes of their assets for after their death. The Civil Code of Panama regulates the different types of wills and their formalities.

The notary ensures that the will complies with all legal requirements, including the presence of witnesses when the law so requires, thus guaranteeing its validity for the subsequent succession process.

6. Marriages Before a Notary

In Panama, notaries are authorized to perform civil marriages, pursuant to Article 26 of the Family Code (Law 3 of 1994). This service is available for:

• Marriages between Panamanians
• Marriages between Panamanians and foreigners
• Marriages between foreigners

The process requires the submission of specific documentation and compliance with the requirements established by law.

7. Other Notarial Services

In addition to the main services, notaries offer:

• Document comparisons: Certification that a copy is faithful to the original
• Authentication of documents for use abroad: The notary authenticates signatures and documents as a preliminary step to the apostille process, which is the exclusive competence of the Ministry of Foreign Affairs (MIRE) pursuant to the Hague Convention of 1961 and Executive Decree No. 29 of February 8, 1991
• Attestation at raffles and lotteries: Certification of the legality of events
• Donations with usufruct: Transfer of ownership while reserving the use
• Notarial acts: Record of facts witnessed by the notary

General Requirements for Notarial Procedures

To carry out any notarial procedure in Panama, the following is generally required:

• Valid identification: Personal identity card for Panamanians or valid passport for foreigners
• Personal appearance: Most notarial acts require the physical presence of the interested party
• Legal capacity: Being of legal age and not having declared legal incapacities
• Supporting documentation: According to the type of procedure (property titles, prior powers of attorney, articles of incorporation, etc.)

Notary and Professional Notarial Services

Choosing a Notary with proven experience and track record is essential to ensure that your procedures are carried out correctly and with full legal security. An experienced professional not only complies with legal formalities but also provides adequate advice on the implications of each act.

At Jurado Attorneys & Consultants, our comprehensive notarial services are led by María Elena Jurado, founding partner of the firm, who has a track record of more than 30 years of experience in notarial practice since 1995. This extensive experience guarantees the highest quality service, with personalized attention and a deep knowledge of Panamanian legislation.

Our team is prepared to assist you with all your notarial procedures, from the simplest to the most complex, always with the professionalism and dedication that characterizes our firm.

Conclusion

Notarial services are an essential component of the Panamanian legal system, providing security and legal certainty to the most important acts of civil and commercial life. Whether you need to formalize a purchase and sale, grant a power of attorney, execute a will, or any other procedure requiring public faith, having the support of experienced professionals makes the difference.

We invite you to contact us to receive personalized advice on your notarial needs. At Jurado Attorneys & Consultants, we are committed to providing you with excellent service, founded on decades of experience and a deep knowledge of Panamanian law.