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Digitization of notarial functions in Peru-Sebastián Cortés

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On November 23, 2021, Draft Law No. 818/2021-CR was presented, called “Project law that modifies Legislative Decree No. 1049, of Notaries, with the purpose to strengthen and modernize the notarial service through the use of technology”, which proposes that notarial work in Peru be digitized and for this purpose provides:

  1. That the Notary can exercise their functions virtually through the use of technology, having the same validity as if they did it in person.
  2. That notarial public instruments/documents can be issued in electronic, digital or similar format .
  • That notarial records can be kept and maintained in electronic, digital or similar formats, and that notary volumes and minutes can be created in the same way.
    1. That the identity of the people who intervene before the Notary can be corroborated through technical mechanisms nological biometric identification, different from the service provided by RENIEC.

    This bill confirms that Peru is no stranger to the technological changes of the 21st century. The Peruvian legal system has been changing for the implementation of new technologies in services, and as is logical, this includes the notarial function. To date, carrying out a notarial procedure in Peru involves, in most cases, physically going to the notary offices , submitting to long queues and waiting periods that make this procedure a tedious and impractical procedure, as well as at odds with the new world reality regarding the COVID-19 pandemic. Therefore, legal recognition and practical implementation of new technologies to the notarial function should be celebrated. The bill is pending approval, but due to the modernization, speed and practicality that this may entail in the Peruvian system, from this platform we applaud the legislative initiative and hope to soon be able to resort to a new era of agile, modern and secure notarial services. , for the benefit of all.