Ley 196 del 2007

(No. 196)

(Approved December 13, 2007)

AN ACT

To amend Sections 4, 7, 8, 9, 10, 11, 12, 13-A, 53, 56, 59, 61, 64, 69, 72, 73 and 74 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act"; amend Sections 1 and 2 of Act No. 47 of June 4, 1982, as amended, regarding the stamp of the Legal Aid Society to be affixed to the Register of Affidavits kept by the Notaries; amend Sections 2, 3, 5 and 8 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act" and amend Section 59 of the Political Code of 1902, as amended, regarding the fees collected by the Secretary of State for his/her services, in order to make feasible the automation of transactions in the Notarial Inspection Office, and to correct errors in the drafting of the referred statutes.

STATEMENT OF MOTIVES

The Judicial Branch requires the formulation and implementation of initiatives that allow it to reach avant-garde administrative and operational systems through which the accessible and agile system that our citizens aspire to is guaranteed.

Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," delegates to the Chief Justice of the Supreme Court the inspection of notaries and the examination of protocols, duties that in accordance with the Notarial Act are carried out through the Notarial Inspection Office. The Notarial Act confers to the Supreme Court of Puerto Rico the power to approve regulations for its execution, to regulate the notarial practice, admission thereto and to complement its provisions.

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In Puerto Rico, at present there are approximately 8,000 lawyers authorized for the practice of notarial law. This amount increases regularly with graduates from the Schools of Law, which affects the operational requirements of the Notarial Inspection Office and the services it renders to the juridical community and the citizens.

Full compliance with the responsibility delegated to the Supreme Court of Puerto Rico requires the adoption of measures that promote the conversion of the Notarial Inspection Office into an agile and modern organization accessible to the notaries, institutions and individuals that require its services. The Judicial Branch has great interest in the utilization of the technological media and formats to promote and expedite compliance with the obligations entailed by the practice of notarial law. The current wording of the Notarial Act and other statutes, however, do not provide therefor.

The purpose of this Act is to make feasible the restructuring of the operations of the Notarial Inspection Office, for the purpose of establishing new systems that offer greater agility and efficiency in the rendering of its services. For said purposes, several modifications are introduced to the laws that affect the notarial functions, in order to give to the Notarial Inspection Office the flexibility needed for the establishment of electronic systems for managing the information that the notarial activity generates daily. This initiative shall allow for the transformation of the manner in which notaries interact in their relationship with the Notarial Inspection Office, through the use of electronic media and avant-garde technological systems for the transaction and register of notarial indices and other notices established by Law.

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The project for the modernization of the operations in the Notarial Inspection Office requires substantial changes in the systems in effect and the adoption of specialized guidelines that allow the secure and effective implementation of the notification of documents by electronic means. Among other aspects, this includes the designing of a system for information management that has the capacity to receive and store the thousands of documents that are presented daily in the referred judicial dependency, the acquisition of the equipment needed therefor, the establishment of identity verification methods and access passwords for each notary that uses the system, as well as training for the personnel.

In view of the complexity involved in the automation of the operations of the Notarial Inspection Office, a transitory clause is herein established so that all transactions covered by the Notarial Act and Regulations may continue to be carried out under all the regulatory and legal requirements in effect prior to the approval of this Act, until the Supreme Court so provides. Likewise, it is herein established that the Director of the Notarial Inspection Office shall issue all the General Instructions he/she deems necessary, in order to give to the notaries clear guidelines regarding the requirements they shall fulfill in order to comply with their obligations and ensure the orderly transaction of notarial matters during the transition phase. The proposed transitory clause shall allow the Judicial Branch to begin the operation of the electronic notifications system only after having proved its functions and reliability.

The establishment by the Judicial Branch of avant-garde administrative and operational systems that guarantee the necessary accessibility, agility and efficiency needed for rendering its services is provided for through this Act. For such purpose, it may establish a system of electronic registers that

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shall allow it to manage with agility and efficiency all information pertaining to the administration and practice of the notarial functions in Puerto Rico. The system shall be designed so as to allow notaries to use technology for presenting reports, notices, certification applications and any document that they are compelled to file by law or regulation. This includes all that pertains to the authorization of wills and powers of attorney, the register and change of their signature, seal and flourish, changes of address and authorizations for the transfer of protocols and matters related to the notary and the location of his/her office, all matters pertaining to the notarial competencies provided in the Non-contentious Notarial Matters Act and any other transaction related to the notarial practice in accordance with the regulations adopted to such effects by the Supreme Court of Puerto Rico.

In order to establish the controls needed for the presentation of the referred documentation by electronic means, the Notarial Inspection Office may establish those methods of authentication that it deems appropriate. Once the identity of the notary is corroborated through the means established for such purposes, it shall be presumed that he/she sent all transactions or documents received by electronic means.

In a manner that is in agreement with this policy, the Notarial Inspection Office is hereby empowered to use the appropriate technological resources in transactions related to the administrative and supervising functions of the notarial activity in Puerto Rico. The Office may create and maintain a centralized information system in which all matters pertaining to the notary practice are consolidated and backed-up, including the creation of electronic registers and the function of receiving electronic report presentations, certification applications and notifications, and those notarial documents that the Supreme Court shall determine by means of regulations.

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The Notarial Inspection Office may require from the notaries the transaction by electronic means of all reports, notices or applications that they must present, including the notifications and reports pertaining to the practice of the new notarial competencies and any other analogous transaction to be established in the future. It may also provide the establishment of a Register of Affidavits in electronic format, in substitution of the manual Register of Affidavits.

The obligation of the notaries to use electronic media in the creation and presentation of documents before the Notarial Inspection Office shall be subject to the regulations that the Supreme Court of Puerto Rico shall approve in due time. The regulations approved shall establish a transitory period to allow for the notaries to acquire the technology and skills needed to assimilate the changes supposed by the presentation of documents by electronic means. Once said period concludes, the notaries shall be bound to comply with the technological demands. Said regulations shall establish the criteria for storage in a suitable manner for the registered electronic operations.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Section 4 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 4.- In addition to the legal impediments that might exist, the office of notary shall be incompatible with any public office when there is a prohibition of the notarial practice by the public body for which he carries out his functions. The public bodies shall notify the Notarial Inspection Office of the prohibitions they establish of the prohibitions they establish, as provided by the Supreme Court by means of regulations."

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Section 2.- The last paragraph of Section 7 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 7.- ... . $\square$ Once the surety bond is approved and the notary takes the oath of office, he/she must register his/her signature, sign, seal and flourish in a Register kept for that purpose in the office of the Clerk of the Supreme Court of Puerto Rico, which shall also include his/her residential and mailing address and the location of his/her notarial office, the notary being bound to notify the Notarial Inspection Office of any changes in the referred information under the terms and requirements to be established by the Supreme Court through regulations. For the purposes of this Act, it shall be understood that the notarial office refers to the place where the protocols of the notary are located, as notified to the Notarial Inspection Office."

Section 3.- Section 8 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 8.- The Clerk of the Supreme Court shall issue a certificate to the Notary attesting to the name and number of the Notary, his/her membership number, the date on which the Supreme Court authorized him/her to practice as a notary, the date on which he/she registered his/her signature, flourish, sign and seal as a Notary and the facsimile of his/her signature, sign, seal and flourish, as registered. It shall be the obligation of the notary to display the certificate on one of the walls of his office."

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Section 4.- Section 9 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 9.- The Notary may appoint another Notary to substitute for him/her when he/she is absent from his/her office for any nonpermanent cause, for a maximum initial period of three (3) months. Said period may be extended after having so requested to the Director of the Notarial Inspection Office in exceptional cases and when there is a just cause, up to a maximum term of six (6) months.

The Notary as well as his/her substitute shall notify the Notarial Inspection Office of the appointment, as provided for through regulations.

The substitute Notary shall not authorize original documents in the name of the substituted Notary. The substitute Notary shall be responsible for the custody and conservation of the Protocols of the Notary he/she is substituting for and, as such may issue certified copies." Section 5.- Section 10 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 10.- Barring the exceptions established by Law, it shall be the duty of every Notary to attach and cancel on each original deed granted and on the certified copies issued thereby the corresponding Internal Revenue stamps, and of the Legal Aid Society, and a seal to be adopted and issued by the Puerto Rico Bar Association at a cost of one (1) dollar, whose proceeds shall be covered into the funds of said Association. The Secretary of the Treasury may adopt and issue notarial tax stamps electronically, per se, or through internal revenue agents, that shall serve the same purpose and shall be used in the same way.

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The Notary may pay the fees corresponding to the Internal Revenue stamps, the seal of the Legal Aid Society and the notarial tax seal through electronic means in accordance with the procedure to such effects to be approved by the Secretary of the Treasury, who may establish alternative mechanisms for the obligation of affixing and canceling seals in the instrument, all in coordination with the Chief Justice of the Supreme Court or the person upon whom he/she delegates.

The deed or certified copies of it shall be voidable or ineffective if the corresponding stamps are not attached to it or if any method established by the Secretary of the Treasury in substitution of the affixing of the seals required by Law is not observed. However, any of the parties to the document may deliver the amount of said fees to the corresponding officer without impairing the provisions of the fifth paragraph of Section 7 of this Act.

The Puerto Rico Bar Association shall be bound to designate at least one third (1/3) of the total income derived from the notarial stamp to community services programs, such as: free legal aid to indigents and continuing legal education programs for attorneys and the Notaries themselves. No later than the month of February, the Association shall be bound to file an annual report before the Supreme Court specifying the income for the previous year from that concept, its use and the remainder.

The Notaries from Servicios Legales de Puerto Rico, Inc., the Legal Aid Clinics of the Law Schools of the Island and any other entity or nonprofit organization, certified by the Secretary of Justice, nonprofit entity or organization certified by the Secretary of Justice whose purposes and functions are similar to those of these corporations shall

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not be bound to attach and cancel the stamps mentioned in this section when they execute documents for indigent persons following the eligibility criteria established by these bodies, but this circumstance shall be included in the document."

Section 6.- Section 11 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 11.- Duties of the Notary - Informative Return on Segregation, Merging, or Transfer of Real Estate and Tax Exemption Request

In the execution of deeds of segregation, merger or transfer of dominion, the transferor or the person who segregates or merges shall be bound to execute and deposit in the office of the authorizing Notary the Informative Return on the Segregation, Merging, or Transfer of Real Estate, at the time of the granting or not later than eight (8) days following such date.

Said return shall include the following information:

1. Number, date of the deed and legal business transacted.
2. Name of those appearing, specifying the nature of their appearance and Social Security number.
3. Property or cadastre number.

The property cadastre number shall be taken from the latest available tax notice or receipt issued by the Municipal Revenue Collection Center.

It is hereby provided that the Municipal Revenue Collection Center shall offer the cadastre number or code within seven (7) days of its request. If this is not possible, it shall issue a negative certificate stating the reasons for not being able to offer the requested number. This

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certificate shall be remitted to the Secretary of the Treasury and the Municipal Revenue Collection Center together with the informative return. 4. The real property register 's data, including folio, volume, farm number, and town. 5. Appraisal value. 6. Type of deed, if it applies. 7. Type of property, its location and address.

The return must be signed by the seller or the person who segregates, or merges, who shall certify the veracity of the information furnished with his/her signature and responsibility.

In the case of the transfer of a residential real property, the Notary shall be bound to inform and advise the acquirer that if his/her intention is to use the real estate property as the primary residence, he/she shall request the benefits of the Real Property Tax Exemption, pursuant to Act No. 83 of August 30, 1991, as amended, known as the 'Municipal Property Tax Act of 1991'. The Notary shall include this advice in the transfer deed.

Notaries shall be bound to remit monthly, to the Department of the Treasury and the Municipal Revenue Collection Center, the returns corresponding to the deeds executed before them during the previous month, as well as the tax exemption requests on primary residences, not later than the first ten (10) days of each month."

Section 7.- Section 12 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows:

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"Section 12.- Duties of the Notary - Monthly Indices The notaries shall send a monthly index of their notarial activities to the Notarial Inspection Office of Puerto Rico no later than the tenth calendar day of the month following the month reported stating, with respect to the master deeds and affidavits authorized by them during the preceding month, the numerical order of the same, the name of the appearing parties, the date, the subject of the instrument or testimony, the amount of each instrument and the name of the witnesses, if any appeared.

In said report, the notary shall certify to having sent the returns required to be remitted to the Department of the Treasury and the Municipal Revenue Collection Center pursuant to Section 11 of this Act.

If the notary has not had any notarial activity during a particular month, he/she shall send a negative report for that month to the Notarial Inspection Office. Provided, that the fact that the Notary has ceased to practice notarial law shall not be a valid excuse for failure to comply with the filing of the monthly index of notarial activity. The above shall not apply if the Notary has presented his/her resignation to the Supreme Court of Puerto Rico, through the Notarial Inspection Office, and his/her notarial work has been inspected, approved and deposited in the corresponding notarial archive and the notary has surrendered his/her notarial seal.

The monthly index of notarial activity must contain the notary's number, the mailing and physical address and telephone of the notarial office, and his/her email address. When the notary is a public servant, it shall also contain the name and address of the public agency where he/she works. The presentation of the referred reports to the Notarial

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Inspection Office shall be carried out as provided by the Supreme Court through regulations."

Section 8.- Section 13-A of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows. "Section 13-A. Annual Statistical Report of Notarial Activity Every notary shall remit to the Director of the Notarial Inspection Office, the annual statistic report that is required on the notarial documents authorized during the preceding year no later than the last day of February of the following year.

In the event that said date is a Saturday, Sunday or holiday, or if by provision of the competent authority the Notarial Inspection Office is closed, the deadline shall be considered extended to the next working day.

The report shall be made on the form provided by the Director of the Notarial Inspection Office.

In case of a late presentation of the Annual Statistical Report on Notarial Activity, the Director of the Notarial Inspection Office may require the Notary to explain the delay and to submit any other information that the Director deems convenient.

The Director of the Notarial Inspection Office may accept the explanation offered and advise the Notary of the strict compliance of his/her obligations as such in the future. In the cases deemed pertinent, the Director shall submit a report on this matter to the Supreme Court of Puerto Rico.

The report shall be made in the form provided by the Notarial Inspection Office. When the Notary is an employee of a public

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instrumentality which allows him/her to engage in notarial private practice outside working hours, the notary shall separate the notarial work performed as Notary of the public body from the work performed in private practice in the required report.

The Supreme Court of Puerto Rico may eliminate the obligation of the Notaries to file the Annual Statistical Report of Notarial Activity established in this Section once the electronic systems that generate this information based upon the monthly indices sent by the Notaries have been adopted."

Section 9.- Section 53 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 53.- The protocol shall not be removed from the notarial office, except by judicial decree or by authorization of the Notarial Inspection Office, in accordance with the procedure adopted for such purposes."

Section 10.- Section 56 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 56.- Testimony or statement of authenticity is the document through which a notary, at the request of an interested party, may notarize a nonoriginal document, in addition to the date of the testimony: (1) Of the legality of the signatures appearing therein, provided it does not deal with acts included in Section 5 of this Act or in subsections 1 through 6 of Section 1,232 of the Civil Code in effect; (2) of having taken a sworn statement in writing; (3) of it being a true and exact translation of

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another document, provided he/she has knowledge of both languages and it is thus certified by the statement itself; (4) of it being a true and exact copy of a document not found in a Notarial Protocol; or (5) in general, of the identity of any object or thing.

Only the notaries shall give testimony of the facts, acts or contracts of mere specific interest without prejudice of the provisions of any of the laws in effect. The statements of authenticity may or may not be part of the oath.

Notaries shall not authenticate testimonies in the cases included in Section 5 of this Act, nor in subsections (1) through (6) of Section 1,232 of the Civil Code in effect. This prohibition specifically includes sales contracts of real property that expressly or implicitly intend to adjudicate specific portions of real property whose segregation has not been previously approved by the corresponding agencies.

The Notary does not assume any responsibility for the contents of the private document whose signature he/she authenticates."

Section 11.- Section 59 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 59.- Notaries shall keep a Register of the Affidavits in which they intervene in the manner and under the requirements to be established in the Notarial Regulations. The Supreme Court may provide that the Register of Affidavits be kept in electronic format.

The Notary may pay the fees corresponding to the seal of the Legal Aid Society through electronic means, in accordance with the procedure to be established by the Secretary of the Treasury in coordination with

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the Chief Justice of the Supreme Court or the person upon whom he/she delegates. The Secretary of the Treasury may establish alternative mechanisms to the obligation to affix and cancel stamps."

Section 12.- Section 61 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 61.- The Supreme Court shall approve regulations for the execution of this Act, for the regulation of the notarial practice and the admission thereto, and to complement the provisions of this Act."

Section 13.- Section 64 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 64.- In case of the death or the permanent mental or physical disability of a Notary, or when he voluntarily or compulsorily ceases in the performance of his/her functions, or in the event that the surety company requests the termination of his/her bond, or when he/she accepts permanent appointment to any judicial or executive office which, under the laws of Puerto Rico, is incompatible with the free exercise of the legal or notarial profession, it shall be the duty of the Notary, his/her heirs, successors, or assigns, to surrender within thirty (30) days his/her Protocols and the Registers of Affidavits that he/she keeps, duly bound to the Notarial Inspection Office for their inspection.

If this surrender is not made voluntarily within said term, the Supreme Court of Puerto Rico may issue the corresponding order to such effects.

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Once the protocols surrendered pursuant to this Section have been examined and approved they shall be placed under the custody of the Custodian of Notarial Protocols of the corresponding district."

Section 14.- The last paragraph of subsection

(d) of Section 69 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 69.-

The Director of the Notarial Inspection Office shall likewise authorize notaries to destroy any book of affidavits whose last affidavit is dated over thirty (30) years ago. Said authorization shall be transacted in the manner provided by the Supreme Court through regulations. No register may be destroyed unless it has been previously examined and approved by an inspector of protocols. Once the destruction of these registers has been authorized, the notary may conserve them in his/her possession if he/she wishes, but they shall not be received in any notarial archive, unless so directed by the Supreme Court."

Section 15.- Section 72 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 72.- Pursuant to the power conferred to the Supreme Court by Section 61 of this Act, the same is hereby empowered to establish, by regulations, everything concerning the operation and functioning of the register of wills created by this Act in a manner not incompatible with its provisions."

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Section 16.- Section 73 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 73.- Register of Wills - Certified Reports. The Notaries shall remit to the Director of the Notarial Inspection Office, the next day after its execution, not counting Saturdays and Sundays or legal holidays, a notice authorized by them of each master deed granting, modifying, revoking or extending a will or recording of a holographic or sealed will, stating in said notice the number of the deed or record, the date, place and hour it was executed and the name and surname of the testator and of the witnesses, as the case may be, with their personal circumstances as they appear in the document and any other information required. In order to provide to the Notarial Inspection Office the means to establish the identity of the testator if any doubt should arise, the notice shall include the number of one of the following documents, selected in order of prelation:

1. the last four (4) digits of the number appearing on the Social Security card;
2. driver's license;
3. passport;
4. green card;
5. identity card;
6. elector's card, as provided in Act No. 4 of December 20, 1977.

If the Notary does not have access to any of the referred identification numbers, he/she shall so state in the notice, together with a

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statement of the circumstances that made it impossible for him/her to obtain the information.

The referred notice shall be remitted to the Notarial Inspection Office pursuant to the procedure established by the Supreme Court through regulations."

Section 17.- Section 74 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act," is hereby amended to read as follows: "Section 74.- It shall be the duty of the Director of the Notarial Inspection Office to acknowledge receipt to the Notary of said notice and maintain a Register with the name and surname or surnames of the testator and other circumstances which are part of said notarial notification.

These notices shall be conserved in custody of said official who shall keep them in the order in which they were remitted. He/she is hereby authorized to certify with his signature and official seal whether the execution of the will sought has been annotated, by written petition of an interested party or his attorney, accompanied by Internal Revenue stamps in the amount of three (3) dollars.

The Director of the Notarial Inspection Office may also certify, by payment of the same fees, that in the written records in his office there is no evidence that the designated person has executed a will.

Once the Register of Wills is integrated to the General Register of Notarial Competence created by Act No. 282 of August 21, 1999, as amended, known as the 'Non-Contentious Notarial Matters Act,' the payment of fees for affirmative or negative certifications of wills shall be five (5) dollars, as provided by the referred statute.

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The payment of fees shall be made through Internal Revenue stamps, which shall be cancelled on the certification itself, or by any other means as determined by the Secretary of the Treasury, in coordination with the Chief Justice of the Supreme Court or the person upon whom he/she delegates."

Section 18.- Section 1 of Act No. 47 of June 4, 1982, as amended, is hereby amended to read as follows: "Section 1.- It shall be the duty of every notary to cancel a stamp in the amount of three (3) dollars, that shall be adopted and issued by the Legal Aid Society, for each sworn statement or affidavit that he issues. The Secretary of the Treasury is empowered to adopt and issue Legal Aid Society stamps electronically or to establish other mechanisms for collections that shall serve the same purposes as the Stamp that said Society issues pursuant to this Act."

Section 19.- Section 2 of Act No. 47 of June 4, 1982, as amended, is hereby amended to read as follows: "Section 2.- The Notary shall affix the stamp to the margin of the corresponding note of each testimony or affidavit included in his/her register and shall cancel the same with his/her notarial seal or with a clear and visible mark. The Notary may pay for the fees corresponding to the stamp by electronic means, according to the procedure to be approved through regulations by the Secretary of the Treasury upon consulting the Legal Aid Society. The Secretary of the Treasury may establish alternative mechanisms for the obligation to affix and cancel the stamp established in favor of the referred entity."

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Section 20.- Section 2 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act," is hereby amended to read as follows: "Section 2.- A 'Register of Powers of Attorney' is hereby created and the registrar thereof shall be the Director of the Notarial Inspection Office, attached to the Supreme Court of Puerto Rico."

Section 21.- Section 3 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act," is hereby amended to read as follows: "Section 3.- It shall be the duty of every Notary before whom a deed to constitute, modify, extend, substitute, renounce, revoke or renew a power of attorney is executed, to send to the Notarial Inspection Office, within the next three (3) days following the execution thereof, not counting Saturdays and Sundays or legal holidays, a notice certified under his seal, setting forth therein the name or names of the grantor or grantors and of the witnesses, and the date, number, and nature of the deed, specifying the person to whom the power of attorney is granted, extended, modified, or revoked.

In order to provide to the Notarial Inspection Office the means to establish the identity of the party or parties conferring the power of attorney if any doubt should arise, the notice shall include the number of one of the following documents, selected in order of prelation:

1. the last four (4) digits of the number appearing on the Social Security card;
2. driver's license;

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3. passport;
4. green card;
5. identity card;
6. elector's card, as provided in Act No. 4 of December 20, 1977.

If the Notary does not have access to any of the referred identification numbers, he/she shall so state in the notice, together with a statement of the circumstances that made it impossible for him/her to obtain the information.

In case of substitution of the power of attorney, the name of the person substituted and of the attorney-in-fact shall be stated in said notice, and in cases of renunciation of the power of attorney, the name of the constituent thereof shall be consigned in said notice; Provided, that it shall be the duty of the Director of the Notarial Inspection Office to acknowledge to the Notaries the receipt of the said notice and to proceed immediately after the receipt thereof to make the corresponding entry in the Register prescribed in Section 5 of this Act."

Section 22.- Section 5 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act," is hereby amended to read as follows: "Section 5.- The Director of the Notarial Inspection Office shall establish a new file or data base to be designated as 'Register of Powers,' in which he shall briefly set forth in chronological order all the particulars included in the notices that shall be remitted to the Notaries in compliance with the provisions of Section 3 of this Act; Provided, that the constitution, modification, extension, substitution, renunciation, or revocation of powers of attorney shall be independently entered in separate columns of the said Register of Powers; Provided, that on every certified copy of a

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deed to constitute, modify, extend, substitute, renounce, or revoke a power of attorney, presented to him/her by any person after this requirement has been fulfilled, the Director of the Notarial Inspection Office shall set forth, in a note written at the foot of the document itself, the date, hour, and minute it was entered in the 'Register of Powers' the particulars included in the notice prescribed in Section 3 of this Act, concerning the document presented to him/her. Subject to the provisions of Section 8 of this Act, the Director of the Notarial Inspection Office shall collect a fee of three (3) dollars for this service and shall attest to having made the collection of such fees in the document itself. The payment of the referred fees shall be made in Internal Revenue stamps, which shall be cancelled on the certification itself, or in the manner to be determined by the Secretary of the Treasury, in coordination with the Chief Justice of the Supreme Court or the person upon whom he/she delegates."

Section 23.- Section 8 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act," is hereby amended to read as follows: "Section 8.- The Director of the Notarial Inspection Office is hereby empowered to issue under his signature and seal, at the request of any person and upon the payment of three (3) dollars, certificates in connection with the contents of the entries and actions that appear in said 'Register of Powers,' and said officer is likewise empowered to issue 'certificates of negation' upon the payment of three (3) dollars. Once the 'Register of Powers' is integrated to the General Register of Notarial Competence created by Act No. 282 of August 21, 1999, as amended, known as the 'Non-Contentious Notarial Matters Act,' the payment of

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fees for certificates of affirmation or negation of powers shall be five (5) dollars as provided in the referred statute.

The payment of fees shall be made through Internal Revenue stamps, which shall be cancelled on the certification itself, or by any other means as determined by the Secretary of the Treasury, in coordination with the Chief Justice of the Supreme Court or the person upon whom he/she delegates. The requirements of form and the mechanisms for issuing the referred certificate shall be those established by the Supreme Court of Puerto Rico through regulations."

Section 24.- Section 59 of the Political Code of 1902, as amended, is hereby amended to read as follows: "Section 59.- The Secretary, for services performed in his/her Department, shall charge and collect the following fees which, in all cases, shall be paid in Internal Revenue stamps to be affixed to the documents and cancelled, except as provided below:

1. ...
2. ...
3. ...
4. ...
5. ...
6. For recording clauses of associations (except religious, fraternal or charitable associations), three (3) dollars.
7. For each passport application, an Internal Revenue voucher for the amount of thirteen (13) dollars, of which three (3) shall be transferred to the General Fund and ten (10) dollars

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to the special account created for this purpose in the Department of the Treasury."

Section 25.- The Notarial Inspection Office shall require from the Notaries all the cooperation and information necessary for the establishment and implementation of electronic registers, data bases, electronic collections systems and any other initiative developed pursuant to the provisions of this Act. Likewise, it shall be the obligation of every Notary to provide the information required to such effects and to comply with the requirements to be established through regulations.

Section 26.- The Chief Justice of the Supreme Court of Puerto Rico may authorize the use of electronic signatures as a method for identity authentication regarding any transaction pertaining to the notarial practice. Moreover, he/she shall designate the authority responsible for the registration, authentication and certification of electronic signatures and adopt the rules he/she deems necessary therefor. The practice of the prerogatives recognized in this Section shall be conducted independently from the provisions in Act No. 359 of September 16, 2004, known as the "Electronic Signature Act."

Section 27.- As a transitory measure, until the Supreme Court adopts the corresponding regulations, all transactions covered by the Notarial Act and Regulations shall be conducted pursuant to the regulatory and legal requirements in effect prior to the approval of this Act. Without it being a limitation, this includes the registration of the Notaries in the Department of State and the payment of the fees corresponding to such transactions (Sections 7 and 8 of the Notarial Act; Section 59 of the Political Code); the requirements pertaining to the appointment of substitute Notaries (Section 9 of the Notarial Act); the presentation of notarial indices (Section 12 of the

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Notarial Act); the obligation to render an annual statistical report and its requirements (Section 13-A of the Notarial Act); the procedure and requirements pertaining to the authorization to destroy registers of affidavits held by the Notary (Section 69 of the Notarial Act); the procedure and requirements pertaining to the notification and certification of wills and powers of attorney (Sections 73 and 74 of the Notarial Act; Sections 3, 5 and 8 of the Register of Powers of Attorney Act); the format and the legal and regulatory requirements pertaining to the Register of Affidavits (Section 59 of the Notarial Act) and all other legal or regulatory requirements existing prior to the approval of this Act. The Director of the Notarial Inspection Office shall issue the General Instructions that he/she deems necessary to ensure the orderly transaction of notarial matters during the transition phase between the effectiveness of this Act and the full implementation of the new systems of information notification and management.

Section 28.- This Act shall take effect immediately after its approval.

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CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 196 (H.B. 3999) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to amend Sections 4, 7, 8, 9, 10, 11, 12, 13-A, 53, 56, 59, 61, 64, 69, 72, 73 and 74 of Act No. 75 of July 2, 1987, as amended, known as the "Puerto Rico Notarial Act"; amend Sections 1 and 2 of Act No. 47 of June 4, 1982, as amended, regarding the stamp of the Legal Aid Society to be affixed to the Register of Affidavits kept by the Notaries; amend Sections 2, 3, 5 and 8 of Act No. 62 of May 8, 1937, as amended, known as the "Register of Powers of Attorney Act" and amend Section 59 of the Political Code of 1902, as amended, regarding the fees collected by the Secretary of State for his/her services, in order to make feasible the automation of transactions in the Notarial Inspection Office, and to correct errors in the drafting of the referred statutes, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $30^{ ext {th }}$ of April of 2008.

Francisco J. Domenech Director