Abstract
Digitalisation is already a reality in many countries which have notaries as the authority in charge of a system of preventive legal certainty. Digitalisation includes electronic circulation of documents and data treatment, and covers a wide range of notarial work, from real estate transactions to company law. That is why it is necessary to banish prejudices and say that a notary’s action can be technologically advanced and digital. In other words, defending notarial involvement in company law does not mean opposing digitalisation or focusing only on paper and on procedures which must be made only in person.
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Notes
Directive 2012/17/EU of the European Parliament and of the Council of 13 June 2012 amending Council Directive 89/666/EEC and Directives 2005/56/EC and 2009/101/EC of the European Parliament and of the Council as regards the interconnection of central, commercial and companies registers [2012] OJ L 156/1.
Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent [2009] OJ L 258/11.
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [2014] OJ L 257/73.
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Llopis Benlloch, J.C. Notaries and digitalisation of company law. ERA Forum 19, 49–61 (2018). https://doi.org/10.1007/s12027-018-0499-2
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DOI: https://doi.org/10.1007/s12027-018-0499-2