Procedures and Services

THE NOTARY: A PROFESSIONAL GUARANTEE OF SOCIAL PEACE

• The Notary is a legal professional and a public official appointed by the State to confer authenticity to the legal acts, facts, or circumstances contained in the documents that he authenticates.
• He drafts and authorizes public deeds and minutes, is responsible for the custody and conservation of the originals in the protocol under his responsibility, to guarantee their durability over time, reproduces them through copies, which agree with them, for their circulation in legal traffic.  Notarial documents are part of the memory of a nation.
• The Notary acts only when required by natural and legal persons.
• The Notary is impartial, he must only obey the law, and he is responsible for the drafting and authentication of his documents.
• The Notary is a justice of the peace, he acts in the extrajudicial sphere, and this means that there must be full agreement between the parties or appearing parties that require his services.  He abstains when there are differences or litigation.
• He counsels and advises indistinctly those who require his services.  He is a legal adviser.
• The public service mission entrusted to it guarantees equal treatment and access to all customers.  He serves the State and the citizens.
• The Notary is obliged to keep professional secrecy.
• The Notary, in the drafting of the documents, interprets the will of the parties and adapts it to the legal requirements, attests to the identity and qualifies the capacity and legitimacy of the grantors in relation to the specific legal act or business that they intend to perform. He controls the legality and makes sure that the will of the parties is freely declared.
• The Notary, by placing his signature and seal, confers to the act or contract, his authentic character.

DUTIES OF THE NOTARY

• To make the warnings provided by law at the time of authorizing the notarial document (collaborator of the treasury, if the act or document is registrable).
• To maintain the necessary discretion in the processing of matters known by him.
• To apply the current notary fee.

NOTARY PROHIBITIONS

• To authorize notarial instruments outside the limits of its territorial jurisdiction;
• to exercise the function of lawyer, except to assume the legal direction of matters related to his own rights and interests, those of his spouse or relatives up to the fourth degree of consanguinity or second of affinity;
• refusing to provide services when his intervention is required, even outside of his working hours, if the interested party is in imminent danger of death;
• to become guarantor of the contracts that he authorizes, or authorize notarial documents where he has an interest, or in which the parties or witnesses are his relatives;
• to perform acts or engage in conduct that violates the legislation on discipline.

ADVANTAGES OF NOTARY DOCUMENTS OVER PRIVATE DOCUMENTS

• They comply with the law because the Notary controls and guarantees its legality, verifies the legal elements of the act in question, informs and advises clients of the applicable regulations; the authenticated document has the value of law among those who sign it.
• They are effective because they have probative value, that is, the presumption of accuracy of the elements verified, affirmed and verified by the Notary that exclude judicial intervention.
• They reliably contain the date of the celebration of the act, the identity and the signature of the parties, guaranteeing transparency.
• They are safe as the originals are kept in the Notary protocol.
• The public deed is endowed with executive force, which means that it is conferred the value of a final judicial sentence.
• They provide the State with information for the collection of taxes.
• They access public records.

HOW ARE NOTARY SERVICES OFFERED?

The services are offered nationally through the network of notarial units distributed throughout the national territory and Provincial Protocol Archives, which covers the 16 provinces with their municipalities and the special municipality of Isla de la Juventud, some towns by extension, including the mountainous territories with difficult access, with population settlements, of the Turquino Plan, for a total of 236 units.

The Civil Societies of Legal Services International Legal Consultancy, International Law Firm, CONABI, and LEX have the notarial service that they fundamentally provide to foreign citizens, to Cuban citizens residing abroad, without prejudice to those residing in the national territory.  The Notaries attached to the unit subordinate to the Directorate of Notaries of the Ministry of Justice, also know, authorize and document the acts related to commercial and real estate activity linked to foreign investment in the country.

OF THE CONSUMERS OF THE NOTARY SERVICE

RIGHTS

• To receive directly from the Notary the appropriate information and advice on the notarial act that he intends to carry out.
• To know the rates approved by the Ministry of Justice for notarial services, that these are applied correctly, and receive proof of payment that proves it.
• That the notarial service be provided within the term established by law.
• To be treated without distinction, with due professionalism and impartiality.
• That the legal warnings provided for the act are carried out.
• That the notarial document be read aloud to them, or that they have the right to read it by themselves.
• To issue their criteria or opinions about the quality of the service received, as well as their suggestions.
• To receive treatment based on respect and courtesy.
• To receive the service with the essential basic conditions that guarantee privacy.

DUTIES

• To present the duly preserved identity document, and other documents that are required for the act they intend to perform.
• To read himself the notarial document and if that right is waived, to listen carefully to its reading aloud by the Notary, and if you do not comprehend or understand, to demand appropriate advice.
• To pay due attention to the legal warnings of the notarized act and to be interested in the correctness of what is contained in it.
• To pay the fee set for the interested notarial service.
• That your claim in relation to the notarial act of interest corresponds to reality.
• To show your disagreement or complaint when you consider that you have not been properly attended, as well as making the suggestions you consider or conformity with the service provided.

MAIN ACTS AND FACTS THAT ARE INSTRUMENTATED IN NOTARIES

Succession deeds

• Acceptance of inheritance and adjudication of assets
• Give up being called to the inheritance
• Assignment of hereditary rights
• Will
• Revocation of will
• Legacy delivery

Donations

• Movable property: Vehicles and Others.
• Of real estate: Housing, Wasteland or Land and Vaults

Buy and sell:

• Movable property: Vehicles and Others.
• Of real estate: Housing, Solar Yermo or Land and Vaults

Barter:

• Real Estate: Housing

Statement or description of constructive actions

• Expansion, remodeling, rehabilitation or reconstruction of housing
• Description of new construction

Housing unification

Housing division

Cession of use of roof terrace to build or expand a home

Settlement of co-ownership by installments as a result of a transfer of onerous participation

• Assignment of participation free of charge
• Liquidation of the matrimonial community of goods for free or onerous title

Powers:

• Special or general power:
• Revocation of special or general power

Marriage

Notarial divorce

• Modification of the conventions on parent-child relationships

Authorization deeds:

• Authorization to obtain or update a minor's passport
• Authorization for the minor to marry
• Prior authorization of the owners of homes located in Havana where they intend to reside permanently, people from other territories of the country
• Authorization issued by parents for their minor children born abroad to reside in Cuba
• Authorization from one spouse to the other to dispose of the property held in the marital community of property
• Authorization from one co-heir to another to dispose of an asset that is part of the hereditary community

Simple loan of money

Constitution of first grade non-agricultural cooperatives

• Modification of the statutes of the cooperative

Acts:

• Sworn declaration
• Record of notarization
• Act of declaration of heirs
• Certificate of notoriety
• Act of correction of error or omission
• Faith of existence
• Records containing construction actions of remodeling, conservation, reconstruction or replacement, rehabilitation
• Of presence
• Of requirement

Non-protocolizable documents

• Book Enabling
• Signature Legitimation
• Document comparison
• Exhibit Testimony
• Issuance of copies

Criminal Record.

It is the official document with which the existence or absence of the same is asserted for all the procedures that require it.  They have a validity date of up to 6 months.

To request a Criminal Record Certification, the presence of the interested party is required, carrying their Identity Card and a Postage stamp worth $5.00.  The procedure is carried out in the Municipal Directorates of Justice of each territory.  You can also apply online, through the Ministry of Justice website: www.minjus.gob.cu

Cancellation of Criminal Record.

The procedure is PERSONAL.  Those interested must present an updated Criminal Record certification and their Identity Card.  The Postage stamp has a value of 10.00 MN.  The procedure is carried out at the Provincial Directorate of Justice located at 41,General Moncada Street between Borja del Castillo and General Tamayo Streets,  Bayamo.

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