Powers of the land registry

The system of carrying out transactions related to real estate was a manual system, the transactions of the documents filed were slow and the process of filing, transaction and return of a document could take months. In 1996, after a series of structural modifications and the implementation of state-of-the-art computer technology, the General Registry of Property now offers more agile, faster and more accurate services in the performance of its functions, while guaranteeing legal security to the users of the registry.

By means of Governmental Agreement 30-2005, the National Registry Commission was created, as established in Article 32 of said agreement, as a high-level organ of the registries, and in accordance with Article 34, it will have a permanent character.

Modernization is one of the most important aspects for which the National Registry Commission was created, with the purpose of optimizing resources both for the institution and for the users, therefore the Regulation through which it is created, establishes in article 40, that of the total amount of fees that enter the Registries, the percentage established in the general tariff should be destined (not less than 20%) to constitute a fund to be used exclusively for investments in modernization.

Requirements to become a registrar

MOBILITY, TRANSIT AND TRANSPORTATION (0/19)No subcategories existProperty Registrar Competition (0/5)No subcategories existOrdinances 2015 (0/14)No subcategories existTender MAGUAZO- ALAO (0/6)No subcategories existLOTAIP 2016 (12/0)JANUARY.

DIRCOM advertising report (0/5)No subcategories existOrdinances 2016 (0/18)No subcategories existOrdinances 2017 (0/18)No subcategories existUrban Code (0/17)No subcategories existCivilian Traffic Agents 2018 (4/40)Schedules for medical tests.

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Bases de Concursos (0/27)No subcategories existOrdenanzas 2019 (0/25)No subcategories existResoluciones 2019 (0/15)No subcategories existPatentes (0/0)No subcategories existLOTAIP 2020 (12/0)JANUARY.

Property Registrar Spain

The registrar, in his qualification note, establishes that, as regards the representation of the transferring company, “if the approval of the agreement (of the insolvency proceedings) is not accredited and registered (…) by virtue of a judicial resolution or certification of the Commercial Registry”, it cannot be stated that the representation of the company was sufficient since “it would be as if it were still in a situation of declaration of insolvency proceedings with the consequent limitation (intervention or suspension) in the powers of administration and disposition”.

In the appeal filed by Mr. Ricardo Cabanas Trejo, notary of Torredembarra, against the qualification note of the Property Registrar of Torredembarra, Mr. Víctor José Prado Gascó, suspending the registration of a deed of dation of a property in payment of insolvency credits.Facts

The aforementioned deed was presented at the Land Registry of Torredembarra, on November 4, 2011, and was the object of a negative qualification on November 21, which is transcribed below:

What is a land registry

Second.-Once qualified the document object of the present agreement, according to the arranged thing in article 18 of the Mortgage Law, the following defect is observed that prevents the inscription of the same one:

A) The part of the registered property 1911 of Albarreal de Tajo affected by the indicated right is not duly identified, as the corresponding electronic file of coordinates in GML format, duly digitally signed by the competent technician and by the interested parties for its access to the Land Registry, is not presented. And, in any case, the name and surname of the technician who signs the notarized plans is not shown, nor is his signature legitimized.

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B) The corresponding electronic file of geo-referenced coordinates of the entire property, in the same GML format, and duly signed, that allows the location of the part affected by the surface right within the same, is not presented either. The cadastral graphic representation cannot be used for this purpose due to the lack of identity between the registered property and the cadastral parcel.