Issue of second
copies Participants: P. Natalio Etchegaray (Director), Martin Rodriguez
Giesso (Coordinator), L. Vanina Capurro (Secretary), Alberto F.
Erenchun Ruiz, Ruben A. Lambert, Magdalena Rojo, Alberto
Aramouni, Carlos O. Marcovecchio, Roberto Mignolo, Delia N.
Yorlano and Martha N. Forcada
Natalio P. Scribe Etchegaray introduced the item stating that the Civil Code
this issue in articles 1007 and 1008. Article 1007 requires that whenever they ask other copies
for missing the first, the clerk must issue them,
writing but if either party had been compelled to give or make any
thing, second copy will not happen without express authorization of the judge. Ruben A.
Scribe Lambert said the second copies are
notarial document has been modified with respect to the Civil Code of Velez and that in this
time, there was no record in relation to the real right of ownership, although
on mortgages. His stance was conducted on two principles: a) The interpretation of the Code
under the reforms introduced by the laws 17,711 and 17,801 and
b) The fate of the subsequent copies.
In the first aspect, the substance at the time of Velez was the title, advertising
carrier certificated in merit to the causal event and tradition, and therefore was justified
a criterion was restrictive as the judge's intervention article or
1007 citation of parts of Article 1008. Law 17,711, Article 2505 by adding
the requirement of registration to improve the acquisition or transfer of right
real (as opposed to others), creates a system of extra advertising documentary
then governed by the principles informing registration Law 17,801. While this extension
interpretation would be related to the "improvement of
domain", sets standards that can be applied to other cases which must be justified
the domain, hence the importance of registration of the subsequent target copies. Because the essence
dominial transmission requires the possession and display
entitlements to the right, which gives the document establishing the character.
27 (1) Technical Graduate Course Notary and Registry, transcription of the Day issued on 29/09/08 in the Faculty of Law
UCA. Director: P. Natalio Etchegaray. Coordinator: Martin Rodriguez Giesso. Secretary: Leila Vanina
Capurro.
This same circumstance (the master deed) may be different in other situations
to the transmission, as would be constitution of other real rights (usufruct, use
room, easements), which did not have this
advertising system that the Code had set for the mortgage. In the case of the mortgage as security for future obligations
can not speak of a writ of execution itself.
Other cases where the instrument creating the right forms contained in it are
the state constitution of condominiums (Regulations), the exercise of
representation (power), the existence of the legal person (company and other entities
regulated). Well differ from those documents that contain only
items of evidence, such as minutes, recognition of obligations, etc. that
the document has no relevance to the practice of law, but only for testing.
Between them, the document is essential that more than assert or prove to be
concerns, such as holographic will, in which case there is no possibility of further
copies.
THE OBLIGATION TO DO SOMETHING OR AS LIMITED
ELEMENT OF THE ISSUANCE OF SECOND OR SUBSEQUENT
without court intervention just is founded on the risk that it could exercise the right to a paper
to the debtor, while it negotiates with others their assignment or transmission.
In this case, to avoid these risks, at the time had no other recourse velezana
that the judge's intervention, but today the requirements to cover would not be so strict,
since land registration allows you to make known to others, what before
was circumscribed to the privacy interests of the parties and the only advertising
certificated.
further by advertising copy today through the registry, you get a protective effect, since third parties
may well take notice before joining the contract.
is why it becomes excessive for reprints, the application of Article 1008 of
Civil Code as requiring the presence of the parties that the act
given to verify the accuracy of the copy with the matrix. Moreover, the extract
act is already contained in land registration.
The text of Article 1008 is valid only renewing the title for having lost the original deed
(Article 1011, Civil Code) and therefore lost for the second term
copies.
is clear that if the act contains an outstanding obligation, as in the cases
mortgage loans, the publicity of the cancellation proves reliably doctrinaire VISTADELNOT
ARIADO 28 8 9 5
No requirement for the requirements of article 1007 of the Civil Code and Article 816
the Civil and Commercial Code of the Province of Buenos Aires.
The last paragraph of this article, would apply, since the registration report arises
keep the tax.
also unnecessary judicial intervention when it can prove compliance with outstanding obligations
advertising without registration, for example, with advertising
certificated issued by a public or authentic document
(cancellation of prices excluding mortgage balances or other obligations to give or do.)
LIMITATION THE RIGHT TO SEEK THE PROVISION
The intervention requirement for a court may also result in the form extradocumental,
by prescription of the obligation contained in the document that aims
further back, as the legal standard itself provides
the form of "statute of limitations" that "For the mere silence or inaction by the creditor, by the time
designated by law, the debtor is free of any obligation. For this requirement is not necessary
rightly or good faith "(Article 4017).
The standard does not demand any more than the mere passage of time, and if we stick to
article 4023 which provides that "Every personal action
callable debt is prescribed for ten years, unless special provision "there is no reason to deny the issuance of further
copy, as the creditor is obliged to take precautions
to advertise that prescription is suspended or interrupted.
If anyone intends to suspend or interrupt the prescription before the deadline
discharge, it is clear that must be diligent in their operations and publicize their claim, either by endorsement
the litigation in the domain or notification shall do the same
to note that apart from writing a copy may be requested.
The only exception to this behavior may occur before the mortgage, that
has a special regulation, with advertising for twenty years, and would be covered in
these circumstances, even against the requirement of the secured obligation (10 years), under
by giving publicity of the mortgage.
understand then that mortgage obligations secured by the expedition
for further copies should be complied with court authorization to
twenty years. If not renewed it, from that date, the issue is released without authorization
. Issue of second
copies
29 Other obligations imposed ten years, not secured by mortgage,
are released for the issue of further copies, except
a precautionary measure that can be derived from the suspension or interruption of the prescription. Dr. Alberto F.
Ruiz de Erenchun referred to Article 3129 and obviate the possibility of judicial intervention
to which he refers, specifically, the mortgage
incorporated overseas and activity of the registrar concerning the qualifications
of this document. It also refers to the Civil Code does not provide another record
the mortgage.
registration law is arranged in the Federal Capital by Decree 2080/80 (to)
and the subject is specifically addressed in the DTR 2 / 89 23/76 repealing DTR in
Articles 1 and 3, and orders of service 5 / 71 and 24/76.
When applying for the second copy of a good condo or in the case of a consortium,
that request is made by each owner or joint venturers own right.
mentioned that regarding the registration of joint ownership and subsequent regulations
copies, there is no specific legislation. It is considered that the first copy is for
"Consortium" and thus generally is issued. When you "lost", is issued
second copy and so on. It is studied to date, and because of future
reforms, the issues associated with the "best interests" of each "joint venturers"
to have a copy, because it is "part of his title deed." But this is a subject matter
something broader, such as the registration of all clauses of the Regulation and
all the "reforms" post. All this is no cause for this meeting.
also concerned about the recording of evidence in cases of "condominium"
attentive to each condominium law is per se to its undivided (conf
articles 2676 / 7 and related provisions of the Code Civil) and is not displayed properly regulated
to date. Magdalena's handwriting Red
said his experience in the management of
Notarial Archives of the Province of Buenos Aires, clarifying that it is very recent. Analyzes the case of a condominium
requesting a second copy for himself and then there is coexistence of a first copy
perfectly valid for all other owners
and a second copy perfectly valid for the requested. Talks about the following topics
:
1) In the Province of Buenos Aires, is required to accompany report stating
domain ownership (Article 816 of the Code of Procedure). This report is valid
de 60 días desde la expedición.
30 D O C T R I N A R E V I S T A D E L N O T A R I A D O 8 9 5
2) El grado de expedición se efectúa de acuerdo a quien lo solicita y con relación al
bien requerido. La rogatoria al Registro se hace por titular y por bien.
3) Artículo 1007 del Código Civil. En aquellos casos en que del documento requerido
surgieran obligaciones de dar o hacer pendientes, se requiere que se acredite la extinción
de la obligación, no así en el caso en que el pedido se realice por vía judicial.
Según surge del artículo 116, inciso IV de la reglamentación de la ley 9020, en la
expedición de segundas copias, en los casos en los que Writing arises
existence of obligations to deliver or do not require judicial authorization that the applicant
always accompany any of the following documents: a)
duly certified copy of the deed of cancellation of such obligation or equivalent document
. b) Certificate issued by the Land Registry
proving the absence of such information. c) Compliance and convincingly expressed
creditor of the obligation, if the request is made by both parties, debtor and creditor, issued a copy
file further, but clarified that the Land Registry of the Province
not enroll if have not spent more than 20 years because it accepts only
litigation. If more than 20 years agrees to place the second or subsequent
copy.
Also in the Archives of the Chamber of Notaries of the Province of Buenos Aires,
in cases where there is no payment or letter can not appear
both parties, always examine each situation arising from the
requesting and resolved promptly.
There are other special situations, such as mortgage-related imprescriptible
(O series) that always require judicial office.
4) statutes. It issued a second or subsequent copying on
justify being the legal representative. The partners are given a certified photocopy.
5) Condominium Management Regulations. Copies are issued to the consortium
and different owners.
6) Offer Grant. Extend further copies of both the vendor and how to
donee. Provided that the applicant was the grantee is requested domain
report to verify that the donor has not reversed its decision to donate, with some
such disposition. Also in this case, the grantee is asked to accompany a
certified copy of the deed of gift. When the donation has already been registered,
proceed as in the case of grant running scripts that have been offered and accepted
same act.
Issue 31 copies of the second
7) Seizure Scriptures. Proceed as follows:
always issuing the new copy to the principal, unless the same arises
writing that the attorney is authorized to request further copies, or in the case of a representation
irrevocable and shall fail to perform services only
by the principal.
8) Scripture regularization. In the case of the writings of regularization
dominial, on the request for further copies requested by the holders
domain, proceed as follows: until within ten years of the entry
of minutes where the occupant is attributed possession in a spirit of ownership, copies are issued upon request
new domain owner. After ten years of recording the minutes of the occupant
, no new copies will be sent to the registered owner.
The director of the Archive of Protocols of the College of Notaries of the City of Buenos Aires
, Carlos Marcovecchio clerk, said that in the case of writing with
outstanding obligations to give or do, if the request contains the second copy under the
creditor duly certified by notary, leaving a record is issued
of that circumstance. When there are no outstanding obligations, the second copy is issued
without accompanying certificate of ownership.
He referred to the text of Article 1007 of the Civil Code, when states: "Whenever they ask
other copies are missing the first, the clerk shall give them;
but if in writing, either party has been compelled to give or
do some thing, the second copy will not happen without express authorization of the judge. "
expression "outstanding liability" refers to that arising from the same script as
second or subsequent copy is requested. Does not apply if the obligations contracted by another write
simultaneously in the same or another record of Attorney, or later. Interpreting
text dynamically rule cited above, and according to
expressed by Dr. Ruiz de Erenchun on the rules after
Civil Code, the Archive of Protocols issued by the second or subsequent copy of the deed containing
outstanding obligations when
is proved conclusively that the these have been completed and declared legally prescribed or extinct.
In the case of obligations secured by the mortgage, if the person
to get a second copy presents a certificate of registration which has not emerged
a mortgage, there was no reason to deny the issuance File
of it (resolution No. 767/02 of the Board College of Notaries
dated November 20, 2002).
also be issued when the other party expressly agrees to pay
issue. Article 1008 of the Civil Code provides: "All copy must be with prior citation
who participated in the writing, which can compare the doctrinaire VISTADELNOT ARIADO
32 8 9 5
accuracy of the copy with the matrix. If you are absent, the judge may appoint a public officer
is present by taking off the copy. " No doubt what he wanted the legislature
is the participation of all parties to make the text
coincides with the matrix and also to respect rights in respect of obligations.
Within this interpretation, is that the copy is issued with the consent of the counterparty.
If the obligation had been secured by the mortgage, plus
must attach a detailed domain to see if the loan was not sold.
(Standards of issuing copies of file Notarial Protocols,
resolution adopted by the Board of the Chamber of Notaries of date
21 December 1988, Law Gazette No. 1722).
Following this approach, the Technical Arrangement Registration No. 1 / 95 of the Registry of Real Property
Federal Capital states: "Article 1: When requesting
taking account of second or subsequent copies of public documents which
resulting obligations to give or do for a specific person, BE FROM
taking-of them, when in document, in relevant part
to the records of issue and the undersigned notary or archivist responsible
record that has been issued authorizing the taking the official line expresses precisely
who is the holder of such obligations, according to procedures
in each jurisdiction set the respective authorities. "
This provision appears after the Registry Property
would know about how they were issuing the copies in the archive.
Onsite Registration of Deeds of the Province of Buenos Aires does not share this approach and not enter
second testimony (copies) of scripts in which there are outstanding obligations
compliance, even with the express and authoritative
of mortgagee (Communicated by the Chamber of Notaries of the Province of Buenos Aires
by Circular No. 51 of December 30, 1999).
In the event that has expired registration entry registration of the mortgage,
the secured obligation may be outstanding, since you can not determine
if there was interruption of the prescription, so it should be understood that even without real right
recorded (produced the expiration of the seat), there are still outstanding
obligations within the meaning of Article 1007 of the Civil Code, and must resort to
prescribed by the same route to get the new testament (
resolution of the Board of Association of Notaries of 29/03/1995, Record No. 2957, Resolution 126/95
)
The scribe Roberto Mignolo, an official of the City Attorney File
Buenos Aires, in relation to Article 1008 of the Civil Code, adding that in particular
not believe that only an important factor in the cases referred to in Article 1011 of the second
Issue 33 copies
Civil Code, it is just an interpretation of Article 1008 which allows the file
Protocols of the City of Buenos Aires circumvent the requirement of
judicial intervention called for by Article 1007, if it has the agreement of the counterparty issuing copies
and thus having outstanding obligations as
have a situation equivalent to the presence of these parties in court.
Regarding the request for a copy of the condominium, the Archive of Protocols
acts Request, if only one joint owner requests, the copy must be issued for the applicant,
because the Civil Code allows the exercise many rights
condominium on its undivided, without any agreement of the rest of the owners.
Although the Land Registry of the Province of Buenos Aires
not register the second copy issued with the sole agreement of the counterparty, the Archive
Protocols of the City of Buenos Aires itself are issued, because there is no impediment
for this and subsequent abbreviated step judicial process by providing volunteer
to requesting your copy, minus only the person concerned to obtain the court order
registration.
The Commercial Procedure Code 778 applies only when applying the second copy
court. Unlike
Protocols Archive Province of Buenos Aires, Capital Federal
the certificate does not require prior to the issuance of copies of documents
registrable in the Register of Real Property but as with the resolution of the issue of copies
cited Marcovecchio by the clerk, is added to the respective
matches the following legend: "WARNING. This copy does not prove ownership of domain
force. To be used as title
noting it should be required in the Register of Property (Article 28, Law 17,801). " Carlos Marcovecchio
The clerk presents the special case of issuing copies to the creditor in order
special execution of Law No. 24,441, since this law authorizes
to order. Qualifies for issuing the requirements of the law:
under Article 56 of the Act, the creditor may apply directly to the registry
for the issuance of a second copy of the title to the property
, with the only accreditation that nature and expense of running.
therefore, that the creditor may request the second copy of the deed
a debtor must meet the formal requirements of the order, and also
show, by the articles of incorporation of the charge, a certified copy
the same and / or notarization and / or report of ownership and / or other documentation
reliable, the following: a) the validity of the charge, b) their quality
34 doctrinairism VISTADELNOT 8 9 5
ARIADO creditor Dad, c) have explicitly welcomed the special enforcement regime
mortgage (Article 52 of Law No. 24,441), d) statement that the court process
is in the finishing stage.
The second claimant who seeks to testify at the expense of the debtor must pay the Notary Protocols Archive
fees and costs of such issuance and repeat this cost
debtor. The testimony is requested and issued to the holder
(buyer, grantee, contractor, etc.) at the request of (creditor)
under Article 56 of Law No. 24,441. In the case of several condominium buildings and several
solution is the same as in Province of Buenos Aires. Regulation of Condominium
integrates the title in the first sales of the affected property law
13,512. The owners of the various units of the consortium
can order your copy of the regulation, as well as the beneficial owners who have
use and enjoyment of the thing.
He referred to the problem of the difference in the number to be assigned the further
copy, when the protocol is a numeral different from that stated in the Property Register
, which in turn is compounded when the court requests a copy
a certain number. Dr. Alberto F.
Ruiz explained that the registry Erenchun sign a copy
always indicated that she is what car is issued (DTR 1 / 06) and means
has been issued for the "owner" surely part of the trial. This copy inscribed and cancels the previous
.
also means that the copy for the party entitled to claim any benefits
can be issued without a court order or agreement of anyone.
Scribe Roberto Mignolo said the second copies requested by judicial
requirement but would always be issued outstanding obligations or
to do, because it is considered that the judge has charged account of the rights of creditors
.
With regard to the registration of third copy is registered without the second,
from years ago have sought rules that would prevent the registration, without finding,
he understands that we should not reject them but register them, otherwise it
, we would be deprived of advertising by not noted on the cancellation or
ineffectiveness of previous copies, especially in view of Article 1007 that
authorized to issue a subsequent event of loss. Issue of second
35 copies
Regarding the statement by the clerk on that Ruben Lamber
copies required by court order must be issued to the courts and cars in which
rid the profession, rejected on the grounds that Article 1006 says that the copies are issued
for the parties and that Article 576 of the Code of Civil Procedure and Commercial Federal Capital
and similar in the Province of Buenos Aires, allow the Court to intimate
to run to present the title property under penalty of
get to the coast. What the judge will do is replace the negative of the debtor and ask him
copy. Is the same as in the refusal to notarize the condemned to do so
replaced the judge. By Order 534/93 the Board of the Association of Notaries
City of Buenos Aires, the copies are issued for injunction
whatever the requirement and the court would do so. Like most trades
not indicate to which party should be issued, the file does not reject the request but
trying to qualify in each case for whom it is issued.
The answers to the court file, transmitting the requested copies, indicating that under
not said to which party should be issued, what
made for that would be according to the case. For example, if the job was delivered in bankruptcy
XX requesting a copy of a deed of sale where the spouses acquired
XX and ZZ, the copy is issued only to XX.
These views on the second copies issued by court order
opened another question: If the requested copy can legally be used by the defendant
holder when the trial concluded without having reached the top. Natalio P.
Scribe Etchegaray said that further copies of the requested court
in a process of execution must be issued with the proviso that for use
outside the record must be previously registered.
With regard to the question about whether it is observable the title of the purchaser at auction
where no title is added at first or subsequent copy was raised
a long debate, in which the majority did not consider it observable. Dr. Ruiz
of Erenchun noted that from the viewpoint of substantive law, it is observable
as "not known in the record which was auctioned domain law (principle of specialty
and determination and the right thing holder). But from the standpoint
registration when entering the court testimony or
auction protocols for realizing the transmission the entry is made. Mignolo
The clerk said that Article 23 of Law 17,801
starts saying "No notary or public official may authorize (...) without it the title registered
(...)". When you say public official understood to refer to judges
processes where, for example, to transmit the auction domain, and that in his opinion
not bring to the invalidity of the auction, but functional responsibility
doctrinairism VISTADELNOT 36 8 9 5
ARIADO Nario for damages it might cause. Although Article 576 of the Code of Civil and Commercial
says "(...) that the auction will not be made until it has added the title
, or if the testimony (...)" and if not, however, conduct the auction
, lack of title does not bring itself involve the nullity because Article 545 of the Code
ritual does not contemplate that the debtor can request the nullity of the execution
.
Article 545 applies to special executions covered by Article 596.
not conducive to the courts did not have before it the title but
not be seen as one observation in the study of titles. The purchaser at auction
asked previously or not the study of titles, but the truth is that common
meaningless if it is not prudent to not knowing what I was getting, even by the
other items added to the case file (report of title, mortgage
writing, etc.). When ordering the registration of the auction, and precludes the
outdated procedural steps and deadlines for appeals.
Turning to issue of the copies, the clerk Carlos Marcovecchio added
that matched the signature on file with the applicant in writing consisting
matrix. When they see gross differences directly call
certified notary signing to warn about it and what you want the file, since when he has completed the clerk
with Article 1002 of the Civil Code there is no formal
observation, but merely a collaboration that is not linked to the legal.
In the Province of Buenos Aires, the 9020 law authorizes the issuance of second copies
with the agreement of both parties, but the Land Registry did not enrolled.
Marcovecchio The clerk said that if there are registered mortgages, due
twenty years as indicated in articles 3151 and 3197 Civil Code, the Archives such copies
issued upon presentation of: a) certificate of ownership to record the Land Registry
Property of the expiry of the mortgage, b)
sworn statement of the debtor that there are no outstanding obligations under Resolution No. 271/03
the Board of the Association of Notaries, dated June 3, 2003. Roberto Mignolo
Scribe said Resolution of the Board of the College of Notaries
271/03, citing the lawyer Carlos Marcovecchio, referring to the issue of copies of deeds
mortgage over 20 years, has two drawbacks.
The first is that it is found that makes sense to put a rear registration expiration
the mortgage on the property registration, when article 37 of the Act
says 17,801 expire automatically and therefore
enough to count the time from the taking of reason, without further action.
The second drawback is that the Chamber of Notaries has arrogated powers not possess, in an obvious way
Issue of second judicial
37 copies and allows the dispatch of the copies with the affidavit of the debtor to have fulfilled its obligation
.
For the interpretation of the rule when applying for second mortgages
copies over 20 years of established, consider that what matters is the mutual
the obligation to give, and not the mortgage itself. In recent years mutual
were 10, 15 and 20 years, however action for the recovery of mutual
prescribed 10 years after the payment deadline, and no requirement to re-enroll the
mortgage.
During the previous exhibitions widespread debate about the possibility of
apply, pending compliance obligations that were not secured by the mortgage
, Articles 4023 (ten-year statute of limitations) and 4017
(inactivity of the creditor) of Civil Code. Opinions are divided between those who defended their application
and those who refused, without reaching an agreement.
SECOND OR FURTHER COPIES IN CASES OF COMMERCIAL COMPANIES Alberto Aramouni
The clerk referred to this issue. The analysis set out in Article 1007 Civil Code
: "Whenever they ask other copies for missing the first, the clerk shall give them
, but if in writing, either party has been
required to give or do anything The second copy will not happen without express authorization
Judge. " Except
Corporations to be formed by public deed as
Article 165 of Law 19,550, other types of companies and modifications can be formalized by instrument
private.
front of the Civil Code provision, it is recalled items
Societies Act 19,550, referred to "assets transferred, as well as cash contributions, non-cash real
and dwells in the contribution. Article 38 provides that "
Contributions may include obligations to give or to do except for the types of
Society in demanding that consist of obligations to deliver (...)". Article 39 states the
"Determination of the Contribution: In the limited liability companies by shares,
the goods provided must be determined, subject to forced execution."
In all types of business associations, social capital must be subscribed in full in
act of incorporation. But as their integration can be distinguished, as are companies
by parties of interest or partnership or society dues
(SRL) or joint stock company (SA or SCA).
38 doctrinairism VISTADELNOT ARIADO 8 9 5
In partnerships (partnership, with limited capital and
Industry), the integration of social capital, either in cash or in property not
money, should be in the act constitutive.
in limited liability companies or limited liability company or partnership limited by shares
, integration is different: a) whether in cash, must be integrated
by twenty-five percent as minimum and completed within two years
(Articles 149, 187), b) if it is in non-cash assets may only consist of giving and
obligations must be fully integrated in the same constituent. Your compliance
be justified at the time of the authorization request and Registration of Trade and Public
"must meet the requirements set forth by the laws of
according to the different nature of the goods. As for the transfer of
contribution is required from registration, this will proactively on behalf of society
training "(Article 38, Law 19,550). From the foregoing it
distinguish the nature of contributions: 1) whether in cash, for SRL
or corporations, will have two years to justify the contribution, 2) if it is in non-cash assets
and requires registration in a register, this procedure
performed in two stages: first, the Registration of the property concerned by way of contribution
as preventive registration (Article 38, Law 19,550) and then to be inscribed
the Social Contract in the Public Registry of Commerce should
return to the Property Registry for final registration of the property on behalf of society.
Following the time it takes to justify the contributions, both money (for LLC or corporation
) and in non-cash assets can occur in that interval,
the loss of the first copy or a copy of the contract establishing the company, and is
then be the application of Article 1007 of Civil Code, for members and
parts of the Social Contract, must justify before a notary or judge who made all
contributions were not only not owe the integration of social capital,
but which were not made in arrears and therefore do not fit the delay in providing or
penalty of Articles 37, 192 and 193 of Law 19,550. Thus, parties who request copies
be second or subsequent prove that there are no obligations to give (in
SRL and companies limited by shares) outstanding.
Because of the contributory regime, only in cases of integration in cash
to SRL and corporations, there may be dues of members for a term
have to complete the integration in two years. In the case of registrable assets
contributions, the final registration process such that demand their time,
can be found with the loss of the contract establishing the need
original and its second copy. Then the accreditation of the total integration of social capital
be justified by accounting certification counter to declare compliance of the total contribution
, certified by the Professional Council of Economic Sciences, Issue
39 copies of the second
especially since the formation of the contract it was more than two years to complete the integration
in cash and with the auditor's certificate that proves
parties to the social contract in default. This
way, in my opinion is obvious the express permission of the judge as required by Article 1007 Civil Code
because the certificate issued by a public accountant
is enough proof that there are no obligations to provide (in the case of SRL and societies by
shares) or, where appropriate to do (in societies in parts of interest or people).
There are other situations that arise in cases such as contributions
rights (Article 40), contributions of claims (Article 41), goodwill contributions (article
44), liability for eviction (Articles 46, 47 and 48 ) requiring compliance deadlines
, sanitation or interim relief and whose loss may occur
the first copy. In these cases, in their opinion, would also suffice to
certified public accountant to meet court approval. A contract of society
commercial or amended by capital increases require
established inventory and balance when dealing with non-cash contributions of property
together or not, with contributions in cash or certified accountants in accordance with the jurisdiction and always
certified by the Professional Council of Economics.
General Resolution of the Superintendency of 7 and 10/05, as to the justification of capital
(sections 68/73), in "Accounting for
Societies" (articles 264 / 287) in Annex II (Opinions Prequalification) and Annex VII
("Report on State Capital and Increase and Integration
Form ") of the General Resolution IGJ 10/05, bring out the value and need
documents, certificates and accounting reports, so that it can compensate them
the judge's permission , when the deeds of
trading companies emerged as outstanding obligations to provide (in SRL or
joint stock) or obligations to do in societies
interest parties or individuals.
If accounting certifications are necessary to justify the contributions and integration
for the purpose of registering the contracts or amendments to commercial companies also prove sufficient
to justify that there are no outstanding obligations
compliance.
In the Province of Buenos Aires, General Provision No. 12/03
Provincial Directorate of Legal Persons, Chapter VI, Justification of Social Capital (Articles
36/42) demonstrates the need for inventories, balance sheets and
certificates issued by a public accountant and certified the signature of this by the Council of Economic Sciences
.
DOCTRINE REVISTADELNOTARIADO 8 9 5 41 40
Issue of second copies
All the above considerations relate to contracts or statutes that constitute Social
or changed by deed, where the second or subsequent copies
should extend the notaries and notarial archives. If it were
societies in parts of interest or limited or modified
including joint stock companies that can be formalized by private
instruments (Article 4, Law 19,550), second or further copies should be
process and obtain public records to trade either in administrative or judicial
depending on the jurisdiction where they are registered. That is, always to be treated
private instruments, second or subsequent request copies
in the Public Registry of Commerce and that the issues and put back
plate registration.
In the Province of Buenos Aires if you are found on public records
trade of the courts, a judicial secretary for each department is required
sponsorship of counsel for all proceedings, including the case of a contract awarded by public deed
and required second or subsequent copies and registration by the clerk
authorizing the deed. It is a reflection
cases protocolled minutes by public deed,
in corporations, when it comes to social capital increases within or outside
five times, in which cases are consider the articles 188, 190, 191, 192 and 193
of Law 19,550. They can also give rise to obligations in arrears
and integration. For which reason, also in my view, sufficient accounting certification
replacement warrant, mainly because all
capital increase, the control authorities and registration, call
subscription certificates and integration, indicating seats and books from the previous
emissions, as in the case of the General Inspectorate of Justice, Annex VII of the General Resolution
General Inspectorate of Justice No. 10/05 which was made before
reference. Roberto Mignolo
Scribe added to expressions of Alberto Aramouni clerk,
when presented to the clerks' legal representatives
companies and have no way to prove the existence of society or representation
invoked (can be executed before the scribe minutes of meeting to elect new representative
) may rely on the registration of
administradoresrepresentantes Company under the terms of Article 60 of Law 19,550, as that is an advertisement
registration, whether there is a culture of
compliance or penalties thereon, so that the clerk makes it difficult,
Sometimes, getting partners to prove their status as such to the public meeting by writing
. FURTHER COPIES
THE ATTORNEY IN THE COURT OF THE PROVINCE OF BUENOS AIRES
The secretaries of the Court Attorney of the Province of Buenos Aires, write
N. Delia Yorlano and Martha N. Forcada, presented several specific aspects of the relationship
the Court Attorney to the subject convener and referred to the exclusive jurisdiction
affording them originally Article 40 - 1, paragraph b) of
Decree 9020/78, which was extended to civil and commercial courts by
Decree 9435/79. The article referenced in relevant part reads:
"Section 40: Judge Attorney Compete know: 1. Processes: (...), b)
issue of second copies of the deeds under the provisions of Article 1007 of the Code
Civil (...). The jurisdiction assigned to in paragraph b) it will
without prejudice to the matters assigned to the same civil and commercial courts. "
recalled that as stated in Article 1007 of the Civil Code
"(...) if in writing any of the parties had been obliged to give or do something, the
second copy will not happen without express authorization of the judge " , so that the trial attorney
that the existence of a mortgage Post
act whose testimony is required is not an obstacle to issue the new copy.
is hereby given that the trial attorney work a dossier for each register of deeds public
enabled in the province which includes the performance of each
notary, since its designation, inauguration, and seal registration, inspections
carried in protocol, protocol section currently
proof of purchase of stamps, etc..
They referred then to request copies for protocols in
to write: a) remove (Article 64, paragraph 4 of Decree-Law 9020), b) Suspended
(Article 64, paragraph 3 of the regulation); c) Suspended preventively
(Article 42, paragraph 2 of Decree-Law 9020), d) deaths;
clear that in all the cases cited, if applicable, are designated depositories notaries (Article
6 Decree-Law 9020).
In the case of retirement or death write the protocols are on file,
to the order of testimony, provides: I) to check the log file
-deeds, if inspection is made under Article 60 of Decree-Law
9020 to establish if the requested script has been observed, otherwise it
means an inspector, who made up the file, report regard as generally has been less
period, between the inspection and delivery
protocol on file and confirm if the writing is in legal form.
42 doctrinairism VISTADELNOT ARIADO 8 9 5
In the event that the scriptures are observed by:
a) Lack of documentation enabling (this arises from the inspection report) is given
view, for a term of law, the petitioner and it must
accompanying documentation missing, which is incorporated into the protocol and issue orders accordingly
copy (Article 1003 Civil Code).
b) In the case of deeds that can not enroll to emerge from the inspection report
any comments that would be remedied by clarifying
writing and / or rectifying, is made known to the petitioner, who must make the relevant legal
act and to that end has not issued new copy-ordained
registration, and making known to be presented a copy of the new writing
pending file, to obtain the registration, giving
both testimonies. Scripture
Empowerment: The new copy is requested by the principal (Articles
1963, item 1, and 1970 Civil Code). Special powers of attorney
Irrevocable: new copy is authorized to order the attorney
, because there is a business concluded the only remaining
comply with the deed. Testimonials
files issued by civil and commercial courts, in
these files, which are not deposited today and protocols, having gone through the same
to archives of the College of Notaries, the requesting that at the appropriate
withdrew the corresponding second or further testimony to the court file civil and commercial
but not enrolled, even if retained in his possession the office
delivered by the Archive to the Land Registry must be submitted to the court
attorney for registration. Faced with this situation that testimony was presented with an order requesting the registration
, prior to take action, the court
attorney outside state control of the document, applying Article 1011 of the Code Civil
to check if the copy were not frayed or erased rather suspect,
or in such a state that could not be read clearly. Resolved in favor of this analysis,
is designated inspector to verify the act and is found in legal form,
ordering the registration under Article 28 of Law 17,801. On the first witness
lost before getting to the registration or within it, is said to be
express the fact in which they lost the first copy issued
place, and which for that reason, this new copy, once registered, must
considered first. Problems
second
APPENDIX 43 copies (LEGAL TEXTS AND RESOLUTIONS OF THE BOARD OF DIRECTORS)
• CONTACT COLLEGE OF THE CITY OF BUENOS AIRES 27/12/1988
resolution. 1722 Legislative Bulletin
Rules for issuing copies or testimony
(Text ordained as amended by the Board of Directors by resolution
dated 21/12/88).
Henceforth all requests for copies or testimony submitted to
this file should Notary Protocols
meet the following standards:
A) Requests by stakeholders
1. The request must be made by letter addressed to the Director of Archive
Notarial Protocols of the Federal Capital which should contain:
a) Detailed information on writing a copy upon request (date, clerk authorizing
, Attorney Registration number, page number or writing).
b) Invocation of legitimate interest under which statistics are available.
c) Cause why the order is placed.
d) The person concerned may authorize
determined to make the process, be acknowledged in writing.
2. All submission must be signed by him and his firm,
certified by a notary public.
3. When the applicant is not bound by the legal act implemented
in writing a copy upon request, must demonstrate a legitimate interest
by notarization or other documentation unless
indubitable that interest arises from the writing itself.
4. When writing proves that any party has made
an obligation to give or make the request must be accompanied by the following documentation
:
a) If the requirement that the case is in respect to real
registrable right: a certified copy writing extinction obligation or as a supplement
notarization or registration of the cancellation proves that
assessment.
b) If not in the obligation secured by a lien or mortgage: 44 doctrinairism VISTADELNOT
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certified copy of the deed of discharge of the obligation or certification issued by a notary
record stating that fact.
c) If the obligation is not in extinct:
express agreement of the parties still retain interest and, where appropriate, the current holder
dominial, what would be recorded on the copy issued and
in the marginal note it rests in the protocol. It must also be accompanied
report stating the status of ownership of goods when these were recordable
matter of the act.
5. When the certificates were referred to the regulations issued by clerks
foreign jurisdiction
signature must be duly authenticated.
B) Requests for Judicial Office
The office should contain the minimum data necessary
exact date of writing and the name of the notary public or authorizing its
No. Notarial Register. It is desirable to facilitate the identification of the instrument,
enter all the information required by section 1 of Chapter A
these regulations and any other material that may be of interest
(names of parties, location of property). The Director of
File is empowered to examine in each case the possibility of
complete data for the applicant to fill the form in
it accordingly. On the other hand, decides that in order to prevent
who is no longer a property owner can obtain a copy
appearance of "title", the Director of Notarial Protocols
file should be placed in each copy of
writing a caption property acquisition with the following:
"WARNING: This copy does not prove existing domain ownership.
To be used as a title it shall require the registry entry
Property (art. 28 - Law 17 801). "
C) Request by heirs
For applications made by the heirs within the article
3410 Civil Code (ancestors, descendants and spouse), the Notary Protocols Archive
require that the Crown prove its link with the deceased
by the respective copies of certificates duly authenticated
death, marriage or birth or the family book
. In testimony and in the marginal note that it sits
Problems 45 copies
second in the protocol will record that was issued at the request of
heir whose full name is indicated.
• REGISTRATION OF REAL PROPERTY FROM THE FEDERAL CAPITAL
Technical Arrangement Registration No. 2 / 89
Testimonials. Second or subsequent copies. DTR repealing
23/76 (articles 1 and 3 º), OS 5 / 71 and 24/76 OS
2/6/1989
SEEN
provisions regarding the entry of second or subsequent testimony by the provisions
Registration Method No. 6 / 72, 23/76 and 5 / 81 and
Service Order No. 5 / 71 and 24/76, and WHEREAS
:
That, for the most recta comprensión y utilidad, es necesario unificar las
normas reguladoras aludidas, y completar los aspectos en ellas no incluidos,
en concordancia con lo dispuesto por los artículos 28 de la ley 17.801
y 1007 del Código Civil.
Por ello, EL DIRECTOR GENERAL DEL REGISTRO DE LA PROPIEDAD
INMUEBLE DISPONE
Artículo 1. La anotación de segundos o ulteriores testimonios se practicará
de conformidad con las siguientes normas:
a) Solicitudes: Deberá utilizarse la minuta universal, consignando los
datos correspondientes a los siguientes rubros: número de matrícula;
rubro 1 “anotación de”: indicar el orden de testimonio; rubro 6 y 13:
full name of owner, without other data, "Item 2: Location of property
, line 4, in the case of condominiums; item
10 and 11: complete data.
b) Applicants for entry: The entry must be requested by the
official issuing the second or subsequent testimony,
accordance with the provisions of Article 28 of Law 17,801, for the owner
signed registration certified by a notary; or lawyer or notary
authorized in cases of issue by court order or from file
public. 46 doctrinairism VISTADELNOT
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Where a warrant issued by
be accompanied with the respective trade bill, which will rise to the individualization of professional
authorized to sign it.
In the case of notarial deeds issued from file, authorization to sign the minutes
respective foot may be included in the delivery
second or subsequent testimony in question.
c) Revenues to qualify:
1. Judicial authorization
If the second or subsequent testimony belonged to a writing in which the parties should have
compelled to give or do something, "unless
lien try and this was canceled as the seats
registration- shall be issued in accordance with judicial authorization
with the provisions of Article 1007 of the Civil Code.
2. Legalization
In the case of testimony notarized writing
provincial jurisdiction, the testimony must be legalized by the respective clerks
school, or arrange for the 22,172 law procedure,
should be authorized by law.
3. Registrations will not force
The second or subsequent evidence of deeds that led to
registry entries canceled or no longer in effect, only be recorded if
may have been issued with court authorization.
4. Recipient of testimony and order
is issued in all cases be verified that the foot of issue (in line), indicate what person
issued and in what condition, and their order
(second or later), the latter fact should also
included in the item 17 of the minutes.
Article 2. Derogate Articles 1 and 3 of the Technical Arrangement
Registration No. 23/76 and Service Order No. 5 / 71 and 24/76. Issue of second
47 copies
Technical Arrangement Registration No. 1 / 95
Request for collection of second or subsequent reason
copies of public documents which are obligations to give or make
in favor of specific persons. 21/6/1995
SEEN
Assumptions submission for registration entry of second or subsequent
evidence of cases in which the issue was made
by reason of having received the authorizing notary or attorney
file manager , the express agreement of the creditor for the obligations which arise
give or do in the respective instrument, and
WHEREAS
That the text of Article 1007 of the Civil Code provided for a manorial estate
without legal involvement and expressed
Registry of Real Property, determines a change in the interpretation
text, for the reform of laws 17711 and 17801 (articles 2505 and further concurrent
Civil Code).
who thus turns out that they have moved to the proper sphere of competence
registration, not only the qualification of
extrinsic forms of document (doctr. Articles 2, 3, 8, 9 and DOCs. 17,801 law) but also
other significant aspects of the document content, with ratification
not only jurisprudential doctrine but as noted in the Plenary failure
the National Civil "Feidman, Mauricio" 07/27/1977, rev. ED. t. 74-253;
and Sala El 29/10/1981, idem. 09.05.1983 between others. That
alert that for the purposes of the record established by Law No. 17,801
(Article 4) are maintained in terms of instrumental collections
notarial and effectiveness, (doctr. Articles 973, 997 ff.
the Civil Code and Law 12,990 Regiment .) the proper and exclusive competence of the notary or archivist
depositary, in all matters relating to the issuance of such instruments
that modifications to maintain not only legal but
outdated technology and would make certain processes. That
issuing of these officials further
second copy, in which closure or the express explicit corresponds to that expedition
from the beneficiary of the obligations arising
the instrument, show the existing agreement on the interpretation of
48 doctrinairism VISTADELNOT ARIADO 8 9 5
tion differently, which can be assigned to judicial intervention in Article
1007 of the Civil Code for precisely a modern hermeneutic
supported not only the intervention of officials serving the legality
the date of the enactment of the Civil Code did not exist, as also
reproduction techniques do not exist in the nineteenth century prejudices That
related to the issuing manual, which is imposed at times
Vélez Sarsfield (Article 1008, Civil Code) was the reason
founding of the regular judge's participation in a field
fully adjusted to the so-called "voluntary jurisdiction" in
which now stands the work registry (conf ROCA SASTRE, R . "deal. Der.
Mortgage" Coutre, F. "Der Fundamentals. Civil Procedure," Depalma
Ed.). That this guardianship
safeguarded in Article 996 of the Civil Code establishes
"advertising per safflower" of singular value and efficiency, today
completed and integrated with the duty under Article 23 of Law 17,801
, which prohibits any operation a document that is not exactly
the "instrument registered" to receive the benefits of
own bona fide property (doctr. articles 2306, 4006, 4009 and concds.
the Civil Code). That is leading
issuing a general rule sufficient to drive the rating
registration of these cases behind the doctrine enunciated.
therefore
THE DIRECTOR GENERAL OF REGISTRATION OF REAL ESTATE HAS
:
Article 1. When applying the ratio takes a second or subsequent copies of deeds
in which obligations to give or do for
particular person is taken from the
ratio of the same when the document, in relevant part to the findings
of issue, and the undersigned notary or archivist responsible
record that has been issued authorizing the officer having the express agreement
precisely who is holder of such obligations,
according to the procedures in each jurisdiction set the
authorities.
Issue of reprints 49
Disposal Technician Registration No. 1 / 06
Buenos Aires, May 23, 2006
SEEN the DTR 2 / 89, and
WHEREAS
That provision registry techniques above, provides the revenues that
must arise from application for registration of a second or subsequent copy, if
this is the result of a particular request, and in turn the experience gained
to date.
That it appears that the situation is different when the request comes
is by court order, in which the notary or archivist
only entered the court, the Secretariat and the cars for which it was issued, generating doubts in
qualification.
That the practice of scoring a second or subsequent copies
issued for cars and the court ordered that an unspecified part of the business purchasing history
recognized as the instruction given by Mr.
Assistant Director, dated September 14, 1993, regarding the document
126,492 that year.
That in the same direction was issued through an opinion which is attached hereto as
history of the case, the General Counsel of the Department
Doctor Pedro Felipe VILLARES in the sense that "(...) the assumptions
of further evidence or copies whose expedition has been ordered by the Courts
under the terms of Article 576 of the CPCC, if not
is entered for which part is issued, it is understood that the purpose of its
degree has been issued for purchaser or, where applicable, the registered owner. "
That resolves the issue has been acknowledged
the Chamber of Notaries of the City of Buenos Aires, who has issued
purpose.
Therefore, in exercise of the powers granted by law,
THE DIRECTOR GENERAL OF REGISTRATION OF REAL ESTATE HAS
: 50 doctrinairism VISTADELNOT
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Article 1. In the event of further evidence or copies
whose expedition has been ordered by the courts in the terms set forth by the respective
procedure codes without being expressly stated in
for whom it is issued, it means that it has been
to the purchaser or, where applicable, the registered proprietor.
Article 2. Communicate Superiority, the Association of Notaries and
other professional associations concerned, the Department of Registration and Publicity Royal
Areas I and II and the Technical Department Legal and Administrative
the purposes envisaged.
be published in the Official Gazette. Register. Complied with. Filed.
• CIVIL AND COMMERCIAL CODE OF THE NATION
(Chapter III. Copy and renewal of certificates. Second copy writing public
)
Article 778. The second copy of ONE (1) deed, when granting
requires judicial authorization shall be granted on those who would have subpoena
participated in it, or the public prosecutor in the
default. If it is apparent opposition, will continue the process of the summary trial.
The second copy will be issued registration certificate prior real estate
about registration of domain state title and, where appropriate.
• CIVIL AND COMMERCIAL CODE OF THE PROVINCE OF BUENOS AIRES
(Chapter III. Copy and renewal of certificates (Articles 816 to 817)).
Article 816. Second copy of the deed. The second copy of a deed
when its execution requires judicial authorization
subpoena will be granted upon those who had participated in it, or the public prosecutor
failing. If it is apparent opposition
will continue processing the summary trial. The second copy shall be issued prior
certificate of Registration of Real Property, regarding the registration of title and status
domain, if necessary. Issue of second
51 copies
• LAND REGISTRY OF THE PROVINCE OF BUENOS AIRES Technical Arrangement Registration
5 / 1975
La Plata, November 11, 1975
SEEN:
The situations created by reason of damage or losses
readability suffering testimonies issued by the system of photocopying
in some cases, and the need to replace all or part
other prior to enrollment;
and CONSIDERING: That the hypothesis
under Articles 1007 to 1011 of the Code Civil
refer to cases where these tools are lost or
astray which in itself indicates that it is different factual situations. That
substitutions therefore attempting
those concerned cases in which no document is lost, but you lose the integrity and readability
total or partial, should be regarded with a
different approach as regards treatment registration.
That result is appropriate, by processing of a record duly recorded
to replace a copy "ironing" by another,
or rebuild all or part titles
record registry entry, which had not yet obtained final registration, provided
that administrative actions are implicit
the reasons for their issue, so that the old one, which must be reserved and
disabled in such actions did not constitute a temporary copy in circulation
legal transactions in contravention of the provisions
as a principle in the Civil Code.
therefore
THE DIRECTOR GENERAL OF THE LAND REGISTRY in use
powers conferred on the existing rules, provides:
I - (Registered Replacement Parts)
Article 1. Every time you pray the placement of "note words" in
testimonies issued by reason of damage or loss of readability of
52 doctrinairism VISTADELNOT ARIADO 8 9 5
those opportunities were registered, they will not accede to requests
style where acts through file must begin
for that purpose.
Article 2. The request must state expressly the reasons justifying the substitution
testimony, which must be added to the proceedings
in all cases.
Article 3. The new testimony to be accompanied
must contain the final clause provided for in Article 43 of Regulation Attorney,
also consistent with that in the specimen whose replacement is sought,
with the addition of explicit reference of the reason for the replacement, and also
contain all the notes that for various reasons
law provides background (Article 996 and conc. of the Civil Code), which existed in the specimen
being replaced. If you carry legal business visa required by the Office
Domain Control Cadastre should
get it back, even if replaced the title had previously been operated
by that agency.
substitute testimony must be issued by the same notary authorizing the above,
their ascribed or who legally replaces it.
Article 4. To respond favorably to the replacement should be made that the Department
Presentation and output note is placed with the records of the original
income (date and number), verified that it is the coincidence with the corresponding
line journal.
Article 5. In testimony will substitute note or annotation
registration (Article 28, Law 17,801 of the Civil Code and Article 26, Decree
11.643/63) containing the records of the existing original testimony
replaced. The wording shall be
typist according to the following guidelines: "LA PLATA, (date). This
testimony was registered (recorded) in its original
Under the date (...) (...) No folio (registration (...) Party
other records that apply.) Proceed according to the provisions of file (...)
(...)/ DTR No. 75. "
Article 6. The testimony will be disabled replaced in all its folios with seal
stated and in the last of them will note from
the Head of Department to reiterate and express the cause. The testimony
disabled can not be detailed in the dossier and a
action once notified the appellant and replaced broken testimony was filed
endless. Issue of second
53 copies
II - (the total or partial replacement of unregistered securities)
Article 7. The procedure laid down by this
will also apply to the case of partial or total replacement of securities certificates
registry entry, but still had not obtained final registration
and whenever required, either by having deteriorated
or because they result in part illegible, or because they have suffered
line spacing which makes reading difficult.
Article 8. For the drafting of new evidence or folios that had
be replaced, you will notice, as may correspond
provisions in article 3, and as applicable, will be the process that
required by article 4.
Article 9. In the case of replacement of folios, and substitute
differences arise as to the property described in them about
designations or descriptions in the folio replaced, new visa is required for
Domain Control Division, and eventually Proves
if applicable, will intervene to
Stamps Department Revenue Department.
Article 10. After deactivation, with reference to the actions of the witness or the folio
replaced, will the new testimony
registration process that may correspond
turning the file to the respective department.
General Standards Article 11. In other issues associated with processing of these
assumptions are taken into consideration rules for
legitimacy to act, petition, removing those documents and others appropriate
.
Article 12. When of the folio or testimony
replaced prove substantial changes compared to the subjects, events or objects to which they relate
original testimony, does not apply this provision
. Also excluded from the procedure laid down
herein, the hypothesis known as the issuing of
second or subsequent testimony, for which reason making
proceed as prescribed by the regulations in force in this regard.
Article 13. Form. 54 doctrinairism VISTADELNOT
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•
notarization FILE regulation. 2003. Relevant part. Articles 14, 15 and 16. Copies
. Certifications. Reports. Attestation
Article 14. The Record of Proceedings of Attorney by the Head of
himself or his substitute, shall:
a) issuing copies or certifications that you require, with proceeds
provided in Articles 150 and 152 of Act 9020 and 8 of this regulation.
b) Insert the attestations concerning
records and particulars provided in Article 148, paragraph 1, paragraphs 1 to 6 of Act 9020, with
precautions and limitations imposed by that rule. Issue of copies
injunction
Article 15. The office that ordered the issuance of notarial copy of
and / or ancillary documents shall contain the resolution and it has
. Forms of reproduction
Article 16. Copies may be issued in the form typed or photocopied.
If the document contains no claims pending, shall be issued
the first or subsequent copies
injunction or order of who was the grantor and / or party to the act or its legal or conventional
representative, who must prove their legal status with sufficient authority to
. In the latter case, the applicant's signature and character
invoked, must be certified
notary or clerk, whose signature will be authenticated by the respective College,
when appropriate. If the document is found to be registered, the request also be accompanied by detailed domain
updated to show ownership of
this. If the document outstanding benefits arise, will require detailed domain
also updated in addition to ownership, credit
compliance with those obligations. No benefit was found
fulfilled, proceed as indicated in Article 1007 Civil Code
.
Except in cases of injunction, the applicant must justify the reason for the request
. In the case of acts which
registration is necessary, the requirement or request must contain express
praying that enable the consignment note your registration. Issue of second
55 copies
The second or subsequent copies of credentials should be requested by
who granted them. Apart from cases where: a) the agent specifically authorized
displayed them at the text of power
b) in the "irrevocable powers" to meet the requirements of article 1977 of the Civil Code
. All applications must indicate name of the notary
authorizing and / or Registration Number and Party
date of writing, number and page in which he settled and the name of some or all
of the parties involved in the act. In the certified copies shall,
also stated reason for the request and the destination of the copy. Unknown to the applicant
When any of the information required to make the process
course, if you know the name of the parties, the notary
authorizing and year of writing, request that the index of the corresponding protocol is
report ignores the data.
All documentation is issued shall be countersigned by the chief or his replacement
, by signature and stamp, which will be legalized when
necessary, by the respective delegation. The application and documentation
accompanied on the second or subsequent request
copies will be stored by the period of ten years and the order of the remaining
documentation for a period of FIVE YEARS. After
after this period, it will be destroyed. 56
doctrinairism VISTADELNOT
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