We invite you to read the letter written by our Director of the Civil Litigation and Arbitration Group, Francisco Fuentes, regarding notarial reform.
Dear Editor:
A few days ago, Law No. 21,772 came into effect, introducing significant changes to the Chilean registry and notarial system.
In particular, the following stand out: the elimination of lifetime appointments, appointment through public competitive examinations, the establishment of a fee schedule, the authority of Sernac to carry out oversight and manage consumer complaints, and the express establishment of civil and disciplinary liability for notaries, particularly with regard to the duties entrusted to them by law, both personally and for the acts performed by their employees.
Undoubtedly, these changes respond to growing needs for global digitization, as well as for transparency in the appointment system and operations.
The significance of this reform is to enhance the protection of public trust, particularly in light of serious cases of identity theft, forgery of signatures, and tampering with documents, which have been widely covered by the press and brought before the courts in recent years.
The task, therefore, of judicial prosecutors and Sernac will be to ensure full compliance with this law, especially given that there is now greater clarity for users of the notarial system regarding the specific obligations and responsibilities of notaries and their staff.
Letter written by:
Francisco Fuentes | Civil Litigation and Arbitration Group Director | ffuentes@az.cl
