Having suspended the issuance of official documents, such as licenses and certificates, what will be the modus operandi of the registration and notary services?

The issuing of the following official documents is resumed:

  • identification document;
  • driving licence;
  • identification and residence of foreigners and temporary visas; and
  • import order for a vehicle.

Driving licenses should be considered valid until 31 December 2020.

With the approval of the situation of public calamity, there is no longer an express reference to the issuing of other official documents. All indicates that the rules applicable during the state of emergency still apply, since Decree 102/2020 does not contain a revocatory rule that would prevent the application of the measures previously approved. To this extent, the issuing of the following official documents is suspended:

  • marriage certificate;
  • deed registration;
  • criminal record;
  • registration of vehicle;
  • licenses;
  • booklets and property titles.

And, the following notary acts and services are maintained:

  • birth registration;
  • death record;
  • issuance of forensic power of attorney;
  • issuance of licenses of foreign commercial representations;
  • issuance of foreign trade cards;
  • wills;
  • qualification of heirs;
  • official certification of the criminal record;
  • official certification of ownership of property and shareholdings in commercial companies;
  • bank credit guaranteed with or without mortgage.

Registry and notary offices remain open to the public, although working with certain restrictions. By reference to Circular no. 03/DNRN/027.15/2020 ( “Circular”), issued by the National Directorate for Registries and Notaries, the following services are provided/suspended:

  • At the level of the Civil Registry:
    • suspension of the celebration of marriages for which the proceedings were filed after the decree of the state of emergency, except for urgent marriages;
    • completion of birth and death registers only;
    • completion of adoption and divorces, in emergency situations;
    • completion of justified urgent procedures.
  • At the level of Central Registries, the following act continue to be performed:
    • attribution of nationality;
    • issuance of certificates of matrimonial capacity, nationality and others considered urgent.
  • At the Real Estate Registry level, all act deemed urgent continue to be carried out, except where the number of people attending at the premises is deemed unsuitable.
  • At the level of the Legal Entities Registry the following continue to be carried-out: name reservation, registration of companies, sole proprietorships, cooperatives and their amendments, provided that they are of an urgent nature and do not involve the agglomeration of people at the Registry Offices.
  • At the Motor Vehicles Registry Office, the following act continue to be carried-out: urgent initial registrations, transfers of ownership and encumbrances, provided that this does not result in a crowding of people on the Registry premises.
  • At the Criminal Registry level, criminal record certificates remain being issued, provided that this does not involve the agglomeration of persons on the Conservatory's premises.
  • The acts granted by Notary Offices are suspended, except for the following:
    • Issuance of powers of attorney for the purpose of alimony, survival, forensic, and other urgent matters;
    • Granting of public deeds, of urgent character, involving no more than 3 persons;
    • Issuance of deeds of authentication.

The Circular also establishes that the respective certificates, on the abovementioned acts and or normal requests, can be issued, provided they are of urgent character.

In addition to the measures indicated above, the Circular determines some hygiene and safety measures that should be adopted by the staff of the registries, such as the use of protective masks in the attendance to the public.

 

__________________________

This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.