The law modifies the registry and notary system in both its structural and operational aspects.
Law No. 21,722, enacted in September 2025 and effective as of April 2, 2026, introduces profound changes to the notarial and registry system in Chile.
In particular, we should highlight the elimination of lifetime appointments, as the new law provides that notaries will be appointed through the Senior Public Management system, establishes a fee schedule, and also empowers Sernac to carry out oversight and complaint management for consumers.
In this regard, among the most significant changes are:
- Disqualifications and prohibitions based on kinship:
Individuals may not be appointed to certain positions within the second series of the Secondary Rankings (notaries, registrars, and archivists), nor may they be included on payrolls if they have family ties (by blood up to the third degree or by marriage up to the second degree), marriage, or civil union with authorities such as the President of the Republic, ministers, members of Congress, the National Prosecutor, or court officials, among others. This disqualification extends for one year after the authority leaves office.
Notaries, archivists, and registrars are prohibited from hiring direct family members, spouses, or collateral relatives up to the third degree of consanguinity in their offices. It is also prohibited to hire descendants of officials from the National Civil Service Directorate or of ministers of higher courts.
2. Oversight and Role of the National Consumer Service (SERNAC):
The provisions of Law No. 19,496, which establishes rules on the protection of consumer rights, apply to officials in the second series of the Secondary Rankings of the Judiciary.
Consequently, SERNAC is granted the authority to ensure the protection of consumer rights in relation to these services, provided that this does not interfere with the disciplinary powers of the Judicial Prosecutor’s Office.
Judicial prosecutors are required to maintain channels for receiving complaints. Furthermore, they may request information from SERNAC regarding complaints received.
3. Transparency and Fee Setting: The law requires that notary offices have the technological infrastructure to ensure:
- Remote Access: The public must be able to consult information and documents remotely and free of charge through a digital repository.
- Mandatory Websites: These must include the address, hours of operation, procedures, requirements, fees, a list of staff with their salaries, and complaint channels.
- Electronic documentation: Notaries and registrars must digitize documents for safekeeping and allow the delivery of electronic copies with advanced signatures.
Finally, there is no doubt that these changes respond to the growing needs of global digitization and transparency, both in the appointment system for those who perform public functions and in their operations, which must always be linked to the protection of public trust and the common good.
For more information on the new law, please contact our Civil and Arbitration team:
Francisco Fuentes | Civil Litigation and Arbitration Group Director | ffuentes@az.cl
Ruth Zúniga | Associate | rzuniga@az.cl
Bárbara Morral | Associate | bmorral@az.cl
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