Approval of Decree-Law
Decree-Law No. 126/2021, of 30 December 2021, establishes the temporary legal regime applicable to the execution via videoconference of: (i) official acts; (ii) authentication of private documents; and (iii) certifications.
The new regime gives citizens, companies and liberal professionals a new and important tool that allows for the execution of acts – previously performed in person – via videoconference, without forgoing the observance of formalities legally imposed for such acts, while offering identical guarantees of security and authenticity.
The Decree-Law will come into force on 04 April 2022 and will remain in force for a period of two years only, after which it will be subject to re-evaluation.
Scope of application
The following acts are covered by Decree-Law No. 126/2021:
- Acts performed by registrars and registrar officials:
- Special procedure for the transmission, encumbrance and immediate registration of real estate;
- Proceedings for separation or divorce by mutual consent;
- Procedure for the habilitation of heirs with or without registration.
- Acts performed by notaries, Portuguese consular officials, lawyers or solicitors:
- Wills and related acts;
- Acts related to facts subject to land registration, other than: (i) the constitution, recognition, acquisition, alteration or extinction of rights concerning ownership, enjoyment, use and habitation, surface or easement; (ii) the constitution or alteration of horizontal property; (iii) the promise of disposal or encumbrance of real estate, if same has been granted in rem effect, or the assignment of the contractual position arising from this fact; (iv) mortgage, the assignment, modification or extinction thereof, the assignment of the degree of priority of the relevant registration and the consignment of income.
The Decree-Law only covers the execution of acts within national territory. With regard to acts performed by Portuguese consular officials, the Decree-Law covers the execution of notarial acts concerning only Portuguese nationals who are abroad or acts which are to have effects in Portugal.
Access to and use of online platform
Access to the online platform that supports the performance of acts is made at https://justica.gov.pt.
Parties may access the IT platform through a reserved area which allows them to submit documents to be executed, schedule and access videoconference sessions, and consult payments of fees due to the Institute of Registration and Notary Public Services, among others.
Access to the reserved area is subject to authentication of the user through their citizen’s card or digital password. In the event that the parties are resident in another Member State of the European Union, authentication is done using their digital password or other means of electronic identification issued in the country of origin.
The execution of acts is subject to prior scheduling. Once the act is scheduled, a message is sent to the parties’ email address containing a link to the reserved area of the IT platform.
Operation of videoconference sessions
All acts performed under Decree-Law 126/2021 will be recorded audio-visually.
Once the videoconference session has begun, the parties’ identity is checked.
After the document has been read and explained, the parties insert their accredited electronic signature in the document, which is submitted to the platform. When the quality of the recording of the videoconference session or sessions has been checked, the official places his or her accredited electronic signature on the document and submits it to the platform.
An electronic copy of the document drawn up is made available to the parties when the procedure is concluded. The documents drawn up under this statute do not require a service stamp.
Official acts, authentication of private documents and certifications performed under this Decree-Law will have the same evidentiary value as acts performed in person, provided that all necessary requirements are observed.
For more information on this Alert please contact:
[email protected]