Below are some of the most frequently asked questions citizens may have about
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To the functions and services of Notaries:
What is an Extra judicial statement or Sworn Declaration?
An extrajudicial declaration is an affirmation that is made in a notary's office in which the person who makes it manifests based on its good faith and legal situation, on any aspect of its life that wishes to be notarized as evidence and requirement for some other process .
In which cases may an Extra Judicial statement be required?
In cases where it is desired to leave a record and be certified in the Notary on aspects of life of those who make the statement:
- civil status
- health condition
- use of powers
- Paternity
- states of fact
What is the importance of legally registering a a baby in Colombia?
Civil Registration is the the legal record of Colombia in which life in the legality of a citizen begins. This allows the new citizen to acquire all of his rights as citizens within his nationality and makes him part of the country. It is a requirement that will be needed for the future and in their life for various procedures, such as entry to the school, permission to leave the country, enrollment in universities, inheritances, obtainment a certificate or identity card.
How to know if a deed is legal or is it a fraud?
The first step to take is to go to the notaries officeto request a copy. There is a copy each document notarized in the notary's office. The notary will verify if such document was actually produced and legalized by the his or her office.
How to know if a property is legal and can be bought or sold?
The exact way to know the state of a property to know if it can be bought and sold is to go to the registry ( Catastro ) and obtain a Certificate of Freedom and Tradition i ( Certificado de Libertad y Tradición) the name of the last owner or transaction and changes on record that legally acted and were processed by such person . Such certificate can be obtained with the real estate registration number. If you have doubts about consistency or difference of such data with the seller is shown, refrain from performing any transaction or negotiation since it could be a fraud or a scam. Verify ownership of the property before any business transaction.
What requirements must a deed have to be legal?
A deed must have the requirements of law that include,
- The signature of the notary
- Fingerprint Certification
- Certification of identities of those who intervene in the act.
- Copy of the legitimate documents of those who intervene in the act.
The Notary Office acts in good faith and certifies that those who intervene in the acts manifest until proven otherwise.
Who to go to if you doubt the originality of a document?
Go to the notary office where the document was supposedly issued and notarized, where they will guide you on the steps to take if it is illegal.
Is it illegal document to sell my mother´s real estate in case the paper was brought home and she signed it when she was under the effects of medication, without having gone to the notary's office?
For the notarization and authentication of a document requires the presentation of those who sign it along with their identity documents. Therefore this document may not be legal because it does not meet the basic requirements to authenticate.
In what crimes does anyone falsify public or private documents?
Colombian law penalizes with imprisonment of 5 to 10 years who falsify public or private documents or to those who impersonate third parties and process or manage documents in their name. Falsification constitutes a serious crime for Colombian law and has consequences such as deprivation of liberty for those who perform it.
What is the importance of notarize documents?
A notarized and authenticated document is the proof of the legality of a private document that allows a citizen to record their business or paperwork. In the case of contracts of any kind, duly certifies the dates, amounts, amounts, commitments and clauses and will be of great future use when it should be used as a reference.
What documents can be notarized?
- General deeds of empowerment
- All types of contract
- Specific powers
- Lease agreements
- Purchase agreement
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What is a general deed of empowerment for?
A general deed of empowerment covers a person to act and manage legally in the name of whoever gives the power. This figure allows parents to be represented by their children or for those who are outside the country have a person who represents them legally in Colombia.
Until when is a general power valid?
The general power to whom it is granted declares that it is no longer valid.