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Actas de Presencia: What Are They and Why Are They Important?


Actas de presencia are official notarial documents used to record events or situations witnessed by a notary, serving as legal evidence for future use. They are essential for certifying facts that may require validation in legal/judicial or business matters.

Common Uses and Examples of Actas de Presencia:

  • Documenting damage from incidents like water leaks.

  • Verifying building conditions before construction begins.

  • Confirming the physical presence of a person before a notary.

  • Certifying the delivery of important documents.

  • Recording events in shareholder meetings or similar gatherings.

  • Even capturing the content of a website in the very moment the deed is signed or in former times by using tools like Wayback Machine.

Notarial Public Faith: Scope and Limitations

The notary's role is strictly observational—they document what they see without making judgments. For instance, while a notary can record a water leak, they cannot determine the cause without an expert report. Photographs, often called "photo acts," are commonly included as evidence.

Actas de presencia are vital for certifying observable facts, helping to protect rights and provide legal security in situations where evidence is crucial.

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