Public deeds

It is a notarial instrument incorporated into the notary's record book (protocolo). It carries a presumption of authenticity and truthfulness and, where applicable, is registered in public registries. The notary drafts the document, verifies the identity and legal capacity of the parties, advises on the consequences of the act, and executes it with their signature and seal.

Under Uruguayan law, a legal act may be documented in three ways, each with different legal effect: - Public deed: executed before a notary public and with public faith (fé pública). Incorporated into the notarial record book and can be registered directly in public registries. Highest evidentiary value. - Private document with certified signature: drafted by the parties and signed before a notary, who records the identity of the signatories. Useful for transactions that do not require a public deed. - Protocolization: a private document is incorporated into the notary's record book, acquiring a certified date and permanent safekeeping.

Uruguayan law strictly requires a public deed for: - Purchase and sale, donation and exchange of real estate. - Creation, modification and cancellation of mortgages. - Incorporation of stock corporations (S.A.). - Open will. - General powers of attorney. - Declaration of new construction and registration of condominium (horizontal property) regime. Other acts may be executed as private documents with certified signature or by protocolization: - Incorporation of SAS (standardized form before DGR, Decreto 399/019) or SRL (private instrument with certified signature). - Trusts / fideicomisos (Law 17.703). - Preliminary purchase agreements and reservation agreements. - Many special powers of attorney and letters of attorney. - Lease agreements.

The original deed always remains in the notary's record book. What is delivered to the client is a certified copy (notarial testimonio). You may request additional certified copies at any time. If the executing notary is no longer in practice, the record book is transferred to the Notarial Protocol Archive, where copies may also be requested.

If you need to execute a public deed, certify signatures or protocolize a document, reach out to us. We'll explain the right approach, the scope of the act, the required documentation and the costs.