Our Notary Services Include:
· Marital Agreements (“Capitulaciones Matrimoniales”)
In Puerto Rico, the default rule is that when two persons marry to each other a legal conjugal partnership is established between them pursuant to which all of their income and assets acquired after marriage will be owned by said partnership. However, Act No. 62 of 2018, allows spouses to change this rule before or at any time during marriage by execution a Marital Agreement by Public Deed before a Notary. Previous to the enactment of Act No. 62, future spouses were required to decide this before getting married since the previous law did not allowed any changes to the marital regime after marriage. Act No. 62 opens to the door to this mechanism as an important legal tool for asset protection that should be considered by entrepreneurs in their planning. At Impetus Group we may assist you providing advice on marital agreements and the different marital regimes that spouses may establish by Public Deed.
· Sale and Purchase Deeds
In Puerto Rico all sales and transfers of real property shall be made by virtue of a Public Deed before a Notary Public. After execution by seller and purchaser, the Deed shall be filed in the Registry of the Property of PR through KARIBE, which is the online platform of the Registry. The purchaser shall make sure that the property to be purchase will be free and clear of any liens and encumbrances and that the property has adequate tract in the Registry in order to ensure that it may be recorded under its name, among other factors. At Impetus Group we assist both, seller’s and purchasers with the due diligence prior to the sale or purchase and with the preparation and execution of the Public Deed of Sale.
· Durable and other Powers of Attorney
A power of attorney which is established by public deed before a Notary authorizes the attorney-in-fact or agent to act in representation and on behalf of the person who grants the power. The Power may be general granting the authority for the administration of all property and assets or may be for a very specific purpose. The agent is bounded to act within the scope of the faculties granted in the Public Deed. All powers shall be registered in the Registry of Powers of Attorneys.
· Cancellation of Promissory Notes and Mortgages
In Puerto Rico once debtors satisfy a mortgage loan in full, they are required to file a Deed of Cancellation of Mortgage in the Property Registry in order to cancel and eliminate the mortgage lien recorded on any real estate. To execute this Deed you need to deliver the original promissory note to the Notary for cancellation. In the alternative, if the mortgage is more than 20 years overdue you may file a petition to the Property Registry. However, under this option, property owners will have to wait 20 years after the due date of the promissory note. If you loss the original promissory note after it was returned by the creditor you will need to file for a judicial proceeding known as "cancellation of lost promissory note".
Sworn Declarations, Affidavits and Apostilles
If you need a sworn declarations for a government filing or any private transaction we may prepare the declaration and take the signatures for the affidavit within one business day. We may also visit you at your home or business for the execution of affidavits for your convenience (metro area).
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