Technically they are called signature legitimation testimonies. The notary declares that a signature is authentic. To do this, he must verify and certify the authenticity of the signatures on documents. He Notarial regulation in article 256 indicates that these testimonies prove the fact that a signature has been placed in the presence of the notary, or the latter's judgment that it belongs to a specific person.

Furthermore, the notary is not responsible for, nor does it attest to, the content of the document. That is, the document can be true, false or be a falsified document but signed by a person whose signature is legitimized by the notary.

This legitimation may be due to the fact that the signature has been stamped in the presence of the notary. The signature can be legitimized by the fact that the notary knows the signature that is presented to him to witness. It may be the signature legitimized by the fact that the notary already has that signature in his notarial file or protocol and compares it attesting that they are identical or very similar.

And finally, the notary can attest that the signatures match those that appear in the official documents of the interested party. Official documents are the National Identity Document or Passport for nationals and the Residence Permit for foreigners.

Types of Legitimation

Among the types of Legitimation we have the following:

Legitimization of signature by personal knowledge

The legitimation of a signature by personal knowledge is a legal concept used mainly in the notarial field. It is an act in which the notary, by virtue of his direct and personal knowledge of the signatory, certifies that the signature stamped on a document actually corresponds to that person. This type of legitimation is common in contracts, agreements and other documents in which a guarantee of authenticity is required for the signature, but not necessarily for the content of the document.

Key features

• Direct knowledge of the signatory: The most relevant characteristic of the legitimation of signature by personal knowledge is that the notary must personally know the signer. This implies a previous relationship between the notary and the signer, which gives the notary the necessary certainty to certify the authenticity of the signature.
• Does not include verification of the content of the document: In this act, the notary merely certifies that the signature corresponds to the person who claims to be the signatory. He does not intervene in the content of the document, that is, he does not guarantee or review the content or the clauses of the contract or agreement. This is a crucial difference with other notarial acts, such as the authorization of a public deed, where the notary does have responsibility for the content.
• Legal security:Legalization of signature offers an additional guarantee of legal security, since the notary, as a public official, is responsible for the veracity of his certification. This legitimization is useful in situations where the parties need certainty about the identity of the signer, but do not require or do not wish the notarial intervention on the substance of the document.
• Legal formalities: In order to carry out a signature legitimation by personal knowledge, the notary must act within the established legal framework, complying with the specific regulations that govern his activity. Depending on the jurisdiction, there may be additional requirements, such as identification by means of an official document, although this is not always necessary if the notary already knows the signatory.
• Typical documents:Legitimation of signature by personal knowledge is often used in private documents, such as contracts between individuals, authorizations, mandates and other types of agreements in which certification of the signature is required without the need for notarial intervention on the content.

Procedure

• Appearance of the signatory: The signer appears before the notary with the document that needs to be signed.
• Personal knowledge check: The notary verifies that he or she actually knows the person directly and personally, which may have been established through previous professional or social relationships. If he or she does not have this direct knowledge, the notary may request the identification of the signatory through an official document.
• Certification of the signature: Once the document has been signed in the presence of the notary or if the document was already signed, the notary issues a certificate stating that he or she personally knows the signatory and that the signature corresponds to that person.
• Delivery of the document: The authenticated document is delivered to the party that requests it, with the notary's signature and corresponding seal, leaving proof of the authenticity of the signature.

Importance of Signature Legitimation

Personal knowledge authentication is a valuable tool in many legal and commercial contexts. It provides additional security without incurring the costs and formalities of a public deed or a more complex document. It is widely used in commercial transactions, private agreements and other areas where it is essential to guarantee the identity of the signatory, but a notarial intervention on the content of the document is not required.

Authentication of signature by personal knowledge is a flexible and agile method that offers a guarantee of authenticity in the signing of documents without the more rigorous formalities of other notarial procedures. Its main value lies in the trust that the notary has in the signer, which simplifies certain legal and administrative procedures. However, it must be used with care, ensuring that legitimation is not used in situations that require greater intervention by the notary, such as control over the content of the document.

Authentication of signature by comparison with the national identity document (DNI)

The legitimation of a signature by comparison with the National Identity Document (DNI) is a notarial procedure through which the notary certifies that the signature stamped on a document corresponds to the person who presents it, after having verified his or her identity by comparing the data with his or her DNI or other official identification document. This type of legitimation is common when the signer is not known personally by the notary, so that identification by means of an official document becomes the means of verification.

Main characteristics

• Verification through an official document: In this modality, the notary does not personally know the signer, so he uses the National Identity Document (DNI), passport or other valid official document to compare the signer's data with those on the document. This includes verifying the photo, name, signature and other relevant data that confirm the person's identity.
• Does not certify the content of the document: As with legitimation by personal knowledge, the notary only certifies that the signature belongs to the person who has identified himself with the document. He does not get involved in the review or validation of the content of the document being signed, nor does he assume responsibility for it. The certification refers exclusively to the authenticity of the signature.
• Additional security: This type of legitimation provides a high degree of legal security, since the notary, in his role as public notary, has the obligation to rigorously verify the authenticity of the identification documents presented. This guarantees that the signature corresponds to the identified person, thus protecting the parties involved from possible fraud or identity theft.
• Scope of use:Legalization of signature by comparison with the DNI is especially useful in situations where the signer and the notary do not know each other personally, and the signer needs to guarantee the authenticity of his signature before third parties. It is common in private contracts, authorizations, administrative requests and other documents that require certification of signature without the need for a notarial review of the content.
• Compliance with legal regulations: In order to carry out this type of legitimation, the notary must comply with the specific regulations established in the legislation of each country. In the case of Spain, for example, the DNI is the most commonly accepted official document, but other valid identification documents such as the passport or residence card can also be used in the case of foreigners.

Procedure

• Appearance of the signatory: The person who needs to legitimize his/her signature goes to the notary with the document requiring legitimization and his/her National Identity Document (or other valid official document).
• Presentation of the identity document: The signer presents the DNI or other official document to the notary for verification. The notary must ensure that the document is valid, authentic and that the person presenting it is actually the person who appears on it.
• Data collation: The notary compares the data on the identity document with the person who is signing the document. This includes checking the photograph, signature and personal data such as full name, ID number, date of birth and address, if necessary.
• Signing in the presence of the notary: If the document is not yet signed, the signature must be made in the presence of the notary, who will certify that the signatory is the same person identified on the DNI. If the document is already signed, the notary will proceed to legitimize the signature based on the identification presented.
• Certification of the signature: Once the identity of the signer has been verified, the notary issues a certificate of legitimation indicating that the signature has been compared with the ID and that it effectively belongs to the person identified in said document.
• Stamp and signature of the notary: The notary signs and seals the document with his certification, which grants full legal validity to the act of legitimization of the signature. From that moment on, the document can be presented to third parties with the guarantee that the signature is authentic.

Importance of Legitimizing Signature by Comparison with the DNI

The legitimation of signatures by comparison with the DNI is essential in situations where there is no prior knowledge between the notary and the signer. This procedure is especially relevant in contexts where a high degree of security is required regarding the identity of the signer, such as in commercial transactions, private agreements or administrative procedures that involve a high value or a significant risk if the signature is not authentic.

By using an official document such as the DNI, an additional layer of protection is established against fraud, identity theft or signature forgery. In addition, in many cases, institutions and organizations that request a document signed with a legitimate signature require this type of certification to comply with their own internal or legal requirements.

Typical documents that require legitimation by comparison

• private contracts: Rentals, purchase and sale of goods, loans between individuals, etc.
  Powers and authorizations: Authorizations for a third party to perform acts on behalf of the signatory, such as collecting documents or carrying out procedures on his or her behalf.
  Administrative documents: Applications that require submission to public bodies with authentic signatures.
  Commercial agreements: Contracts for the provision of services, commercial agreements, and other acts in which it is crucial that the signature be authentic to guarantee the validity of the agreement.

The legitimation of a signature by comparison with the National Identity Document is a simple but essential process in the notarial field to certify the authenticity of a signature. It provides legal security for both the signing parties and third parties, allowing a private document to have probative value regarding the authenticity of the signature without the need for a review of the content. This type of legitimation is especially useful when the signer is not known to the notary and identification by means of the DNI becomes the main means of verification.

Legitimization of signature by comparison with the protocol or notary's indicator book

The legitimation of a signature by comparison with the notary's protocol or indicator book is a notarial procedure in which the notary certifies that a signature belongs to a specific person, comparing it with another signature previously registered in an official document that forms part of the notarial protocol or the indicator book. This type of legitimation provides a high degree of legal security, since it is based on documents kept by the notary in the exercise of his functions, which implies an official source of authenticity.

Main characteristics

• Comparison with previously archived documentsIn this case, the notary does not necessarily know the signatory personally at the time of the act of legitimation, but uses official documents previously signed by the person and filed in the notarial protocol or the indicator book. These documents may be public deeds, powers of attorney or other documents in which the person has officially recorded his or her signature.
• Notarial protocol as an official record: The notarial protocol is a set of documents and deeds that the notary keeps and archives officially. This protocol contains the documents signed by different people in the exercise of their notarial functions, and serves as a reliable source for comparing signatures. Likewise, the indicator book is a registration tool where some notarial acts and their signatories are noted.
• Legal security: This type of signature legitimation provides great legal security, since the notary relies on an official source to verify the authenticity of the signature. The signature previously recorded in the notarial protocol or in the indicator book is a reliable reference, which reduces the possibilities of fraud or identity theft.
• Does not include verification of the content of the document: Similar to other forms of signature legitimation, when comparing it with the protocol or indicator book, the notary only confirms that the signature corresponds to the person who has previously signed other documents in the notary's office. The content of the document being signed is not reviewed or guaranteed.
• Scope of use: This type of legitimation is useful in contexts where it is essential to guarantee the authenticity of the signature and when the signer has already performed some act before the notary in the past. It is particularly common in commercial transactions, private contracts, powers of attorney and other agreements that do not require the intervention of the notary in the content of the document, but in the authenticity of the signature.

Procedure

• Appearance of the signatory: The signatory goes to the notary's office with the document that needs to be legitimized and requests the legitimization of his signature by comparison with the protocol or indicator book.
• Search for previous signatures in the protocol or indicator book: The notary accesses the notarial protocol records or the indicator book to search for an official document previously signed by the same person. These documents must be properly identified and filed under the legal regulations governing the custody of notarial protocols.
• Signature Comparison: The notary compares the signature on the document presented for legitimation with the signature recorded in the protocol or indicator book. This comparison includes the review of specific characteristics of the signature, such as the shape, size, inclination and particular strokes.
• Certification of the signature: If the notary determines that the signature on the document presented matches the signature filed in the protocol or indicator book, he proceeds to certify its authenticity. This certification is added to the document in the form of a notarial act or an annotation on the document itself.
• Stamp and signature of the notary: Finally, the notary signs and seals the document with his certification, which gives it legal validity and confirms the authenticity of the signature.

Advantages and Legal Security

• High reliability: Using a document filed in the notarial protocol or in the indicator book as a reference to verify the signer's signature is one of the most reliable ways to guarantee the authenticity of a signature. The notarial protocol is composed of documents that are generated in official notarial acts, which ensures that the stored signatures have been previously verified.
• Reducing the risk of impersonation: Because the notary has an official document on file that he or she can use to compare the signature, this process provides an effective barrier against impersonation or forgery of signatures. Cross-checking signatures against previous records minimizes the chances of a person attempting to pass off a forged signature as legitimate.
• Speed ​​in recurring processes: For people who have previously signed documents before a notary, the legitimation of signatures by comparison with the protocol or indicator book can be a quick and efficient process, since it does not require the intervention of third parties to verify the identity of the signer, as is the case of legitimation with DNI.
• Save time and costs: In cases where the signer has previously completed multiple notarial procedures, this type of legitimation can speed up the process, avoiding the need to request additional documents to verify identity.

Typical documents used in the Comparison with the Protocol

• Public deeds: Sales contracts, wills, declarations of heirs, etc., which have already been signed before the notary and are filed in the notarial protocol.
• Powers of attorney: If the signer has previously granted powers of attorney, these documents can also be used to verify the signature.
• Private agreements registered: Any private document that has been notarized and in which the signature of the interested party appears.

The authentication of signatures by comparison with the notary's protocol or book of indications is a modality of high legal security, based on the comparison of current signatures with signatures previously registered in notarial documents. It provides an effective and reliable solution to verify the authenticity of a signature, especially in situations where the notary does not personally know the signer but has access to previously notarized documents. This type of authentication is essential in commercial and private contexts where robust verification and a guarantee that the signature corresponds to the indicated person are needed.

Legitimization of signature by comparison with another authenticated original signature

Authentication of a signature by comparison with another authenticated original signature is a notarial procedure through which the notary certifies that a signature corresponds to a specific person by comparing it with another signature previously authenticated by the same notary or another notary. It is an act of verification in which two signatures are compared: a new one, which needs to be authenticated, and another one that has already been authenticated and registered previously. This process is used to ensure the authenticity of the signature on a new document based on a signature that has already been officially validated.

Main characteristics

• Comparison with an already legitimized signature: In this modality, the notary does not start from direct knowledge of the signer or from the use of an official document such as the DNI to verify the identity of the signer. Instead, he compares the signature that is intended to be legitimized with a signature that has already been previously authenticated through an official legitimization process. This original signature may have been legitimized in the same notary's office or in another one, depending on the notary's access to the original signature.
• Guarantee of authenticity through a prior process: Signature matching provides a high level of legal certainty, since the signature used as a reference has already undergone a formal verification process, such as a previous legitimation. By comparing the new signature with this original legitimized signature, it can be verified whether both are from the same person.
• It does not imply a review of the content of the document: As with other forms of signature authentication, the notary does not validate or review the content of the document on which the signature is being stamped. The notary's role is strictly to certify that the signature corresponds to the person who has previously signed and whose signature was previously authenticated.
• Legal security: This type of authentication ensures that the current signature belongs to the same person who signed previously, based on the validity of the previously authenticated signature. It is a useful modality in cases where several authentications are needed over time, allowing new signatures to be verified by comparing them with an original signature that was previously verified.
• Scope of use:Legitimation of a signature by comparison with another authenticated original signature is especially useful in situations where the signer does not appear before the notary in person, but there is a previously authenticated signature that can be used as a reference. This procedure is common in recurring transactions, where a person has signed several documents at different times and it is necessary to certify the continuity of the authenticity of his or her signature.

Procedure

• Identification of the authenticated original signature: The notary must have access to the original signature that has already been authenticated. This may be in the same notary's office where the verification is to be carried out or in another notary's office, in which case the signature must be registered and available for consultation. It is essential that the original signature has undergone a prior official authentication process, whether by verification with the DNI, personal knowledge of the notary or other valid authentication methods.
• Comparison of signatures: The notary visually compares the new signature with the authenticated original signature. This comparison involves reviewing specific characteristics of both signatures, such as shape, size, inclination, strokes and any other particular aspect that allows determining whether the signatures belong to the same person.
• Certification of the signature: If the notary determines that the new signature actually corresponds to the authenticated original signature, he will proceed to certify it, indicating in the document that the legitimation is carried out by comparison with a previously authenticated original signature. This certification is added to the document along with the notary's seal and signature.
• Notarial act or annotation: The notary may issue a notarial act or make a note on the document indicating that the signature has been verified and certified as authentic. This note includes a reference to the authenticated original signature, indicating when and where it was authenticated.

Importance and advantages of checking against an authenticated original signature

• Guarantee of continuity of authenticity: This procedure offers an efficient solution when the signer cannot be present for a new verification in person, but his signature has already been legitimized previously. It ensures that signatures at different points in time belong to the same person, which is crucial in contracts, powers of attorney and other documents that require multiple interventions by the signer.
• Security in repetitive transactions: For people who make recurring transactions or sign documents on a regular basis, authentication by checking against an original signature makes the process easier, as it is not necessary to repeat the identity verification each time. This is particularly useful in situations such as the renewal of contracts, periodic agreements or the issuance of powers of attorney that require several signatures at different times.
• Efficiency and time savings: This type of legitimation allows the signature authentication process to be faster and more efficient. By having a previously legitimized signature, the signer does not need to provide new identification documents or appear before the notary for each signature that needs to be authenticated. This saves time for both the signer and the notary.
• Versatility:This type of legitimation is applicable in a variety of contexts, from commercial transactions to private agreements, and is especially useful when a person has signed several documents with the same notary and needs new signatures to be certified against the original signature.

Typical documents that can use this type of legitimation

• Continuing Powers of Attorney: Where the agent must sign several documents on behalf of the principal over time, being able to use an original, authenticated signature as a reference.
• Periodic contracts: In cases where the same contract must be renewed or modified on several occasions and the signatures need to be authenticated based on a previous signature.
• Corporate documents: Minutes of shareholders' or directors' meetings, where the same person signs at different times and it is required to verify the continuity of the authenticity of the signature.

Authentication of a signature by comparison with another authenticated original signature is an efficient and reliable procedure that guarantees the authenticity of a new signature by comparing it with a previously authenticated signature. This type of verification is ideal in situations where a person needs to authenticate several signatures at different times, and offers legal security by certifying the continuity of the authenticity of the signatures in different documents. It is a useful tool in repetitive transactions and administrative processes that require the verification of signatures over time.

Certificate of legitimacy

El certificate of legitimation It is a document issued by a notary that certifies that the signature of a person on a document or document actually corresponds to the person appearing. This notarial act is frequently used in administrative, commercial, or personal procedures, both nationally and internationally. Authentication of signatures does not validate the content of the document, but only the authenticity of the signature.

This certificate provides legal certainty, allowing third parties to fully trust that the signatory is who they claim to be. For its issuance, it is essential that the person appearing sign the document in the presence of a notary and provide identification with a valid official document.

Practical example of the use of the certificate of legitimation:

A Spanish citizen needs to open a bank account abroad, and the bank requires him to sign a power of attorney or authorization for the management of certain funds. To ensure the authenticity of the signature, the bank requests a certificate of legitimation Issued by a Spanish notary. The person appearing before the notary goes to the notary's office with their ID, signs the power of attorney before the notary, and the notary issues a deed certifying that the signature is authentic, attaching a copy of the signed document and the person's identification information.

This type of certificate is especially useful in transactions that require trust between parties located in different countries, such as contracts, powers of attorney, or authorizations.

Frequently Asked Questions about Legitimation

How much does it cost to authenticate a signature at a notary's office?:
The cost of notarizing signatures varies depending on the notary's fee schedule, but is generally affordable. The exact price can be consulted directly with the notary's office, as it also depends on the number of signatures or copies required.

What is a certificate of legitimation for?:
It serves to publicly certify that the signature on a document belongs to a specific person. It is used in legal, administrative, and banking procedures, both in Spain and abroad, providing legal certainty.

Can I authenticate another person's signature if they can't go to the notary?:
No. The person whose signature is to be notarized must appear in person at the notary's office, as the notary must verify their identity and presence at the time of signing. It is not possible to notarize signatures remotely or with a representative.

What documents do I need to authenticate a signature before a notary?:
You must appear in person with the document you wish to sign and your valid ID, NIE (National Identity Document), or passport. The notary will verify your identity before you sign the document in their presence to proceed with the authentication process.

What is notarization of signatures?:
It is a notarial act in which the notary certifies that the signature appearing on a document has been made by an identified person present at the notary's office. It does not imply validation of the document's content, only of the signature's authorship.

Developed with the WordPress Dictionary Plugin