FIRST NOTARY PUBLIC

EFFICIENCY AND LEGAL CERTAINTY

U.S

PROMISE TO ENTER INTO CONTRACTS

The promise to enter into a contract must contain a term or a condition that makes it clear when the contract of sale and the transfer of ownership of the real estate or personal property must be executed.

PURCHASE AND SALE OF REAL ESTATE

A sale is a transaction in which one person sells and another buys. When it comes to “immovable property” such as a house, building, apartment or farm, it is mandatory to prepare a deed. The deed is a document made by a notary lawyer in which all the clauses required by law are included.

MORTGAGE CANCELLATION

The mortgage debt that appears on the Property Registry Certificate is not automatically eliminated when you pay off your loan. It is mandatory to carry out the Mortgage Cancellation process and present it for its corresponding registration in the Property Registry

EXTINCTION OF FAMILY ASSETS

The lifting of the family patrimony can be done by the person who constituted it, and the procedure must be done before a Notary Public.

DONATION

A donation is the transfer of a property without exchanging money, that is, free of charge. When it comes to "immovable property" such as a house, building, apartment or farm, it is mandatory to do so by means of a deed. Both parties will have to sign this deed: the donor and the donee.

effective possession

An inheritance consists of the transmission of the rights and obligations of a deceased person. You must obtain the Death Certificate. As legal representatives we can obtain said document if the person died in Ecuador. It is necessary to verify if a Will was left, a matter that the lawyer verifies in what is known as the Registry of Wills. The way in which the estate is divided will depend on whether the deceased made a Will or not.

POWERS

A Power of Attorney is a mandate in which one person appoints another as their representative for the administration of their assets or for any other matter. This is very useful, for example, when a person is out of the country but needs to make arrangements for an inheritance or to buy or sell a property.

SWORN STATEMENT

The Notary is an official duly authorized by law to issue this type of document. The facts reported in the statement must be true, to the best understanding of the declarant. Otherwise, the deponent would be committing perjury, which means giving a false oath, which would be a crime. For his part, the notary must verify that the declarant is who he claims to be, by presenting valid identification, such as a citizenship card or passport.

VEHICLE SIGNATURE RECOGNITION

Procedure enabled by the Internal Revenue Service (SRI) that allows natural or legal persons to register purchase and sale contracts at used vehicle notaries, by presenting the CUV Single Vehicle Certificate, copies of citizenship card, voting certificate and registration.

REGISTRATION OF LEASE CONTRACTS

Registration of lease contracts. Quick and easy!

AUTHORIZATION FOR MINORS TO LEAVE THE COUNTRY

The authorization to leave the country allows the minor to travel alone or accompanied, whether for tourism, family reunification, studies, etc.; even if your father and mother lived apart. If the minor travels alone, he needs the authorization of the father and mother or whoever exercises parental authority.

DIVORCE BY MUTUAL CONSENT

For an uncontested divorce in Ecuador, both parties need to agree to all the terms of the divorce, including child custody, child support, property assignment, and any other relevant terms.

FACTUAL UNION

A common-law relationship, domestic partnership or free association is the affective union of two natural persons, regardless of their sex, in order to live together in a stable manner, in an affective relationship analogous to the conjugal one. The purpose of registering de facto unions is to make it easier for people to exercise rights and contract obligations derived from cohabitation.

TERMINATION OF FACTO UNION BY MUTUAL CONSENT

To render the de facto union void, both cohabitants must sign a public deed terminating the de facto union and liquidating the social patrimony. If they have dependent children and their situation in terms of custody, visits and food has not been previously resolved, it will be dealt with before the competent judge or in a duly authorized mediation center.

CERTIFIED COPIES

The owner may request a digitally signed Certified Copy of his notarial documents, that is, deeds or proceedings that have been carried out at the First Notary, specifying the date, day, year and the names of those appearing.

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What should the Applicant for the Telematic Notarial Service have?

a) A personal email.
b) Current electronic signature issued by an authorized certifying authority.
c) A computer or tablet with stable internet to receive the videoconference and make the telematic appearance.

What should the Applicant(s) take into consideration when submitting the qualifying documents?

a) Documents must be electronic originals.
b) Electronic certified copies (dematerialized).
c) Documents must be in PDF format.
d) In case the documents cannot be sent by email due to their size, they can be sent through cloud services (Example: OneDrive, Dropbox, Google Drive, among others). (*)

(*) Once the information is received, the notary will request the user to delete the documents uploaded to the cloud

What must the Applicant(s) specify when requesting the telematic notarial service?

a) Names and surnames.
b) Number of citizenship card and/or passport.
c) Description of the requirement.
d) Electronically signed attached requirement

How should the Applicant(s) make the payment once the notarial requirement has been accepted?

Once the notarial request is accepted and the proforma is sent, users will make the payment for the notarial services by means of payment accepted by the notary. (Bank deposit and/or bank transfer)

How do the Applicant(s) know that they have to appear electronically at their request?

After checking the validity of the documents received and having corroborated the payment of the notarial service, the date and time of the telematic appearance will be scheduled; which will be communicated by email to those appearing with the data of the videoconference (link, ID and access password).

If the telematic appearance is interrupted, due to a fortuitous event or force majeure or is not clear enough and becomes unintelligible, can the Notary public suspend?

In the event that the telematic appearance is interrupted for reasons beyond the control of the parties, as well as due to a fortuitous event, force majeure or if the quality of the communication is not clear enough and renders the statements and expressions of those appearing unintelligible, the notary may suspend the videoconference and call for a new date or time.

If the inconveniences beyond the control of those appearing or by agreement of the parties persist, the modality of the appearance may be modified and the procedure carried out in person.

What happens if the Applicant(s) does not attend the telematic hearing indicated by the Notary?

In the event that any of the parties appearing does not attend on the date and time indicated for the videoconference, the notary must re-schedule the procedure, only once.

Colonel Marcelino Maridueña, Guayas Province, Ecuador
CC Plaza San Carlos Cdla. The Parks II Stage, Av. La Unión and Av. Circunvalación