It was approved last July 22, in the Council of Ministers, a diploma that establishes the legal regimen applicable to the performance, through videoconference, of authentic acts, terms of authentication of private documents and signature certifications*.
The decree-law that will regulate how these acts can be performed remotely will allow notarial acts, which currently can only be performed in the physical presence of the intervening parties in the presence of registrars, registry officers, notaries, Portuguese consular agents, lawyers or solicitors, to be performed remotely.
Also covered by this legal regime – to be carried out by registrars and registrar officers – are (i) the “Casa Pronta” service, (ii) the process of separation or divorce by mutual consent, as well as (iii) the procedure of accreditation of heirs with or without records (“Balcão de Heranças” service), with wills and some acts relating to facts subject to land registration being excluded from its scope.
This is an entirely innovative regime, which intends to offer identified guarantees of security and authenticity and which seeks to respond to the limitations imposed by COVID-19, but which may, however, bring increased risks of fraud, namely regarding the permission to make donations and deeds at a distance, as well as other acts, which will increase the risk that especially vulnerable people may be coerced by third parties.
The measure will apply as of 15 November 2021.
by Margarida Asseiceira and Maria Loureiro, Practice Area – Direito Comercial e Societário
* all information provided is based on the information available to date, which will be updated accordingly in due course.
