The public deed is a document that is processed before a notary and in which a certain event or right authorized by the official himself is recorded, who will be in charge of signing together with the grantors. The official himself will have the mission of attesting to the legal capacity of the content and the date on which the agreement is carried out.
What are public deeds?
Therefore, the public deed is a notarial instrument that will contain one or more statements made by the people who take part in the contract in question or on the spot.
The notary will have to complement said documentation with information and legal requirements, so that at the end of the act they are transferred in the protocol of the intervening notary and in those situations in which it corresponds, so that they can be registered in the corresponding public registers.
In the business field, the public deed of company incorporation requires the signature of all the founding partners, being necessary to do so before a notary. In the event of not being present, as we recall later, they may use the figure of the attorney-in-fact who will have sufficient powers to do so.
There are many agreements, events and contracts between individuals or companies that require its formalization from public deeds, so that in this way in the future they have a probative value. Among the most frequent examples of public deed are the creation of a anonymous society, the sale of a property, the award of an inheritance or the signing of a mortgage.
For a public deed to be legal, the parties involved must be present at the signing act or, failing that, be represented by persons authorized to perform the functions of representatives. It is irrevocable and has such legal force that it can only be challenged by legal means.