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Protocol Instruments
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What are the requirements?
Protocol Instruments
- Public Deeds
- Securities Protest
- Non-Contentious Matters
- Testaments
- Buy/Sell
- Minute of purchase and sale
- Property registration party (literal copy) updated.
- HR, PU sheets, property tax payment receipts for the year in which the transfer was made (date of the minutes).
- ID cards of sellers and buyers. In case they are married, the spouses must appear.
- Payment of the alcabala tax or certificate of exoneration.
- Payment of income tax or certificate of non-affectation, as the case may be.
- UIF declaration
- Updated validity of powers of attorney (in the case of legal entities or natural persons with representation).
- Constitution of mortgage
- Updated property register entry
- ID cards of grantors.
- Means of payment if the mortgage is originated by a mutual agreement.
- Cancellation of mortgage
- Duly signed mortgage cancellation form.
- IDsof grantors.
- Certificate of validity of power of attorney if applicable.
- Donation
- Updated property register entry.
- Payment of Property Tax corresponding to the period in which the contract is made.
- Payment of Alcabala Tax if applicable.
- IDs of the grantors.
- Exchange
- Updated registration item of the properties that are exchanged.
- Payment of property tax for the period in which the contract is made.
- Grantor's IDs.
- Payment of taxes if applicable.
- Lease
- Updated property register entry.
- Payment of Property Tax corresponding to the period in which the contract is made.
- Grantor's IDs.
- Powers of attorney
- IDs of power of attorney.
- Separation of property
- Marriage certificate.
- Contracting party's IDs.
- If there is common property, attach the registry entries of the real estate or vehicle ownership cards as appropriate.
- Advance payment of legitimate
- Minute of advance payment of the original bill (prepared at the notary's office at the client's request).
- Updated property register entry (literal copy).
- HR, PU sheets and payment of property tax for the year in which the transfer was made (date of the minute).
- ID card of the grantor and anticipated.
- Updated power of attorney (in the case of legal entities or individuals with a representative). Original birth certificate of the person(s) receiving the power of attorney.
- Presentation of the title value for its qualification and viability
- Rectifications of items
- Application authorized by attorney and signed by the applicant.
- National Identity Document of the applicant or proxy.
- Certified copy of the minutes or certificate to be rectified.
- Certified copy of the certificate or certificate that accredits the obvious error and omission in the certificate to be rectified and that serves as support for the request for rectification.
- In the case of acting with a proxy, it must present the validity of the power of attorney.
- Adoption of capable persons
*Minute authorized by a lawyer containing the general laws of the grantors: nationality, marital status, identity documents, occupation, home address.
- Certified copy of the adopter's birth certificate and marriage certificate, if married.
- Certified copy of the adoptee's birth certificate and marriage certificate, if married
- Document certifying that the accounts of the administration have been approved, if the applicant has been a representative of the adoptee.
- Testimony of the inventory of the goods that the adoptee had.
- Identity documents of the grantors.
- Take into account what is stated in paragraph 2 of article 378 of the Civil Code in relation to "the age of the adopter is at least equal to the sum of the majority and the child to be adopted.
- Constitution of family assets
- Minutes authorized by a lawyer individualizing the property that is proposed to be affected and the respective beneficiaries.
- National Identity Document of Constituents and Beneficiaries.
- Certificate of encumbrance of the property to be affected.
- Birth or marriage certificates that prove the link between the Constituent and the Beneficiaries.
- Intestate succession
- Death certificate of the perpetrator.
- Marriage certificate if applicable.
- Birth certificates of the children, if applicable.
- Birth certificates of the siblings in case of a collateral succession (when the heirs are siblings).
- Birth certificate of the deceased and the ID card of the parents in case of succession of the ascendants.
- Registration certificates of the assets that make up the estate and vehicle ownership cards in the case of movable assets.
- Negative certificate of registration of intestate succession (SUNARP).
- Negative certificate of registration of will (SUNARP)
- Conventional Separation and Divorce
- Application authorized by attorney and signatures of the applicants.
- Copy of identity documents.
- Certified copy of the marriage certificate. Maximum 3 months old.
- Affidavit of the last marital address.
*In case of having minor children, present:
- Certified copy of birth certificates. Max. 3 months old.
- Certified copy of the conciliation act (regime of exercise of parental authority, maintenance, custody and visits of minor children). Or court sentence.
*In case of property, present:
- Affidavit of not having social assets or a literal copy of the separation of assets.
- If it is the case, advance of inheritance where it appears the adjudication of the good.
Duration: 3 months approx.
- Recognition of common-law marriage
- A de facto union voluntarily entered into and maintained by a man and a woman, free from any impediment to marriage, in order to achieve purposes and perform duties similar to those of marriage gives rise to a property society which is subject to the system of community of property, insofar as it is applicable, provided that such a union has lasted at least two continuous years.
- The de facto union may be proved by any means provided that there is a principle of written proof.
- The de facto union ends by death, absence, mutual agreement or unilateral decision.
- Notaries can process the recognition of a common-law relationship that meets the above requirements.
The application must include the following:
- Full names, identity documents and signatures of both applicants.
- Express recognition that they have lived together for no less than two years continuously.
- Express declaration by the applicants that they are free of any marital impediment and that neither of them is living in common with another man or woman, as the case may be.
- Certificate of domicile of the applicants.
- Negative certificate of common-law marriage of both the man and the woman, issued by the personal registry office where the applicants are domiciled.
- Statement from two witnesses indicating that the applicants have lived together for two or more continuous years.
- Other documents proving that the common-law relationship has been going on for at least two years.
- The Notary will publish an extract of the application in the official newspaper "El Peruano" and in another newspaper with a wide circulation in the area.
- Fifteen working days after the publication of the last notice, without any opposition, the Notary extends the public deed with the declaration of the recognition of the common-law relationship between the partners and then sends parts of it to the Personal Registry of the place where they live.
- In the event of opposition, the Notary immediately suspends his action and refers the case to the corresponding judge.
- If any of the applicants provides false information to support their request before the Notary, they will be liable for criminal responsibility.
- If the cohabitants wish to put an end to their state of cohabitation, they may do so by public deed in which they may liquidate the social patrimony. In this case no publications are required.
- Recognition of the cessation of cohabitation is also entered in the Personal Register.
- Acquisition prescription
- a) Requirements for Acquisition Prescription of registrable movable property
- Request addressed to a Notary Public requesting the initiation of the procedure, signed by the applicant(s) and not less than three (03) nor more than six (6) witnesses, with the proper authorization of an attorney.
- Photocopies of the applicant's and the witnesses' ID's. Ownership card of the vehicle.
- Vehicle Lien Certificate issued by SUNARP.
- Certificate stating that the vehicle is not a stolen one (issued by DIROVE).
- Valid SOAT certificate.
- Publication in the Official Newspaper El Peruano for one time containing a summary of the application and the data of the Notary.
- Documents that accredit the peaceful, continuous and public possession of the vehicle for four (04) years (receipts of vehicle patrimony tax, receipts for maintenance of the vehicle, soat receipts, insurance policies, etc.)
- b) Requirements for Acquisition Prescription of recordable real estate
- Request addressed to a Notary Public requesting the initiation of the procedure, signed by the applicant(s) and three witnesses, with the appropriate authorization from an attorney.
- Photocopies of the applicant's and the witnesses' IDs.
- Registry file of the property.
- Declaration of the neighbors of the property to be prescribed. (attach ID of each one).
- Posting of signs in the property to be used in order to publicise the procedure.
- Publication in 2 newspapers for three consecutive times at 5-day intervals.
- Notification to the owner of the registry of the beginning of the procedure (if the address is not known, it is notified by edict).
- Private document or Minute of purchase-sale, adjudication, donation, exchange, dation in payment, etc; or any other title from which the property of the property flows in favor of the applicant.
- Documents that accredit the peaceful, continuous and public possession of the property to usucapir for more than ten years (receipts of water, light, telephone, cable, autovalue, etc).
- Payment of Property Tax 2010.
- Payment of Alcabala.
- Certificate of Urban and Building Parameters.
- Technical Verification Report.
- Plans endorsed by the respective municipality (scheme of location and location, perimeter and distribution).
- Descriptive Memory.
- Registration Form No. 1 Law 27157 duly completed and signed by an Engineer or Architect certified in the O.R.L.C.
- Photocopy of the ID of the Engineer or Architect accredited by SUNARP.
- Supplementary title
- Request addressed to a Notary Public requesting the initiation of the procedure, signed by the applicant(s) and three witnesses, with the appropriate authorization from an attorney.
- Photocopies of the applicant's and the witnesses' IDs.
- Cadastral Certificate of the property.}
- Declaration of the neighbors of the property to be registered. (attach ID of each one).
- Fixing of signs on the property to be registered in order to publicise the process.
- Publication in 2 newspapers for three consecutive times at 5-day intervals.
- Private document or Minute of purchase-sale, adjudication, donation, exchange, dation in payment, etc; or any other title from which the property flows in favour of the applicant.
- Documents that accredit the peaceful, continuous and public possession of the property to usucapir for more than five years (receipts of water, electricity, telephone, cable, self-assessment, etc).
- Payment of the Property Tax of the year in which the formation of the supplementary title is requested.
- Certificate of Urban and Building Parameters.
- Technical Verification Report.
- Plans endorsed by the respective municipality (location and location, perimeter and distribution diagram).
- Descriptive Memory.
- Registration Form No. 1 Law 27157 duly completed and signed by an Engineer or Architect certified in the O.R.L.C.
- Photocopy of the ID of the Engineer or Architect accredited by SUNARP.
Requirements for a written will
- Appoint two witnesses who are not family.
- Copies of the testator's and witnesses' IDs
- Fill out the notary's form or bring your project duly signed by the testator.
- Testator over 70 years old: you must attach a medical certificate issued by a psychiatrist.
- Enclose registration certificates of the testator's movable and immovable property.
- You can include bank accounts, indicating bank and/or account number.
- Full names of the heirs and attach copies of their ID cards.
*Once the requirements have been completed, they will be submitted to the secretary's office, where the date for signing the will will will be coordinated, together with the witnesses and the notary.
Non-Protocol Instruments
- Legalization or certification of copies or reproductions of documents
- Legalization or certification of signatures
- Certified Copies
- Notarized Letters
- Certification of Records
- Book opening certification
- Evidence of Survival
- Home Certificates
- Original and copy of the document/s to be certified.
- The document must not have any amendments or erasures.
- In power of attorney, affidavits, mutual, transfer of shares, donations of money, lifting of guarantees (by private contract), out-of-court transactions, etc:
1.1. Original Identity Document (ID or passport or foreigner's card, as appropriate).
1.2. In the event that some of the contracting parties are represented or are representatives of a legal entity, attach updated power of attorney, which should not exceed 10 days from the date of issue by SUNARP.
1.3. Original(s) of the document(s) in which the signature(s) will be certified.
- For Lease Agreements, Purchase Agreements, Donations and Rentals; among other acts of disposition and/or encumbrance of real estate:
2.1. The above requirements.
2.2. Foreign citizens with passports must process in immigration the authorization or permission to sign contracts (unless they have a business visa).
2.2. A literal copy of the property's entry must not exceed 10 days after it has been issued by SUNARP.
Note: in the case of subleases, in addition to the requirements indicated in numeral 2, the original lease contract must be shown, expressly stating the power of the lessee to sublease.
- Original and copy of the document/s to be certified.
- The document must not have any amendments or deletions
- Three items (original and two copies)
- The sender must indicate a reply address in the notarized letter.
- The competence to send the notary is limited to the province of Lima only.
1. FOR ASSOCIATIONS
1.1. General Assembly Minutes Book
1.2. Photocopies of the pertinent pages of the book in which the certificate is recorded; always include the sheet that legalizes the opening of the book.
1.3. Affidavits of: Quorum and Call (in which signatures will be certified).
1.4. A literal copy of the Association's entry must not exceed 10 days after it has been issued by SUNARP.
Note: At the end of the minutes - in accordance with Supreme Decree No. 006-2013-JUS - there must be a certification by the president regarding the presence and authenticity of the signatures of those attending the assembly. The president with a registered mandate must appear in person in order to have his signature notarized.
2. FOR COMPANIES
2.1. Minute book of:
*Decision of the Holder (for EIRL); or
* of General Meetings (in the case of companies such as: SAC, SA, SRL, etc.)
* of the Board of Directors (in the case of companies such as: SAC, SA, etc.)
2.2. Photocopies of the relevant pages of the book in which the minutes to be certified are recorded; always include the page that legalizes the opening of the book.
2.3. Affidavits of: Summons (in case it is not a Universal Meeting).
2.4. Validity of the General Manager's Power of Attorney, which shall not exceed 10 days from the date it was issued by SUNARP.
1. FOR ASSOCIATIONS
1.1. General Assembly Minutes Book
1.2. Photocopies of the pertinent pages of the book in which the certificate is recorded; always include the sheet that legalizes the opening of the book.
1.3. Affidavits of: Quorum and Call (in which signatures will be certified).
1.4. A literal copy of the
- Identity card (ID or passport or foreigner's card, as appropriate).
- The procedure is personal.
1. IN CASE OF OWN PROPERTY
1.1. Identity card (ID or passport or alien card, as appropriate).
1.2. A literal copy of the property's entry, which must not exceed 10 days after it was issued by SUNARP.
1.3. Show two receipts for services.
2.IN CASE OF RENTED PROPERTY
2.1. Identity card (ID or passport or alien card, as appropriate)
2.2. Original rental contract, which must also have the signatures certified by a notary.
2.3. Show two receipts for services
Virtual Procedures
- National and International Travel Authorisations
- Vehicle Transfers
- Original and photocopy of the identity card (ID or passport or foreigner's card, as appropriate) of parents and child(ren).
- In the event that one or both parents are represented, attach updated power of attorney, which should not exceed 10 days from its issuance by SUNARP.
- Original and photocopy of the child's birth certificate(s), not to exceed 30 days from the date of issue.
* Certificates from abroad: must be - as appropriate - apostilled or certified by the Ministry of Foreign Affairs and officially translated if in a foreign language.
* Items issued by provincial municipalities: must be certified by the RENIEC.
- INDICATE according to travel itinerary: flight number, time of departure of the flight and name of the airline.
- In the case of accompanied minors: provide full names and identity card number of the person traveling with the minor
NOTES:
- In the case of permits for TRAVEL INSIDE THE COUNTRY, the signature of the parent is required.
- In case of permits for TRAVELING ABROAD THE COUNTRY, the signature of both parents is required.
- If, according to the birth certificate, the child has not been signed/recognized by the father, the mother will be the only one to sign the permit abroad.
VEHICLE TRANSFER REQUIREMENTS
BY PURCHASE (expensive) OR DONATION (free)
- Photocopy of the identity card of the parties (transferor/s - acquirer/s)
- If they are married with separation of property, attach a literal copy of the electronic registration of the personal record; it should not exceed 10 days of having been issued by the SUNARP.
- In the event that any of the persons is intervening on behalf of another (whether natural and/or legal), attach updated power of attorney; it should not exceed 10 days from the date of issue by SUNARP.
- Legal entities must attach their respective RUC forms.
- Mental health certificate (issued by a psychiatrist) when the transferor/s or the acquirer/s is/are over 74 years old.
- Indicate the transfer price and form of payment (in the case of a purchase and sale) or the actual value (in the case of a free transfer/donation).
- Ownership card.
- Current SOAT.
- Payment of the vehicle tax for the whole year (in case it is affected) before the SAT.
Note:
*If the ACQUIRER is married (without a regime of separation of assets), the signature of the other spouse is not a requirement; it will be enough to attach a copy of the identity document of the latter.
*If the TRANSFEROR has acquired the property while being married (without a regime of separation of assets), the signature of the other spouse will be required.
*FOR THE CASE OF SALE: if the sale price exceeds S/. 5000, the means of payment must be shown.
Important: the notary reserves the right to request other requirements as a result of the review of the documents submitted.
- REQUIREMENTS FOR VEHICLE CERTIFICATES FOR DUPLICATE CARD
1.1. Original Identity card (ID or passport or alien card, as appropriate).
1.2. In the event that some of the contracting parties are represented or are representatives of a legal entity, attach updated power of attorney, which should not exceed 10 days from its issuance by SUNARP.
1.3. Submit a police report.
- FOR CHANGE OF CHARACTERISTICS
2.1. Original Identity card (ID or passport or alien card, as appropriate).
2.2. In the event that some of the contracting parties are represented or are representatives of a legal entity, attach updated power of attorney, which should not exceed 10 days after it was issued by SUNARP.
2.3. Certificate of conformity (depending on the change made to the vehicle); does not apply for color change.