NOTARIO and CONSERVADOR.
This profession is not a free liberal legal profession, but is considered to
be exercising a public function. It is regulated by the public administration.
In Portugal, notaries are public/civil servants with an appointment for life.
Notaries are, according to the professional hierarchy, subordinated to the Minister
of Justice, through the General-Director of the Registry/Records and of the
The notarial code of 1967 regulates the competence of notaries in Article 5,
lists the following activities:
- To draw up public wills, instruments of approval, the deposit and the opening
of closed wills;
- to draw any other public instruments in the notarial books and outside them;
- to register terms of identification in particular documents of the recognition
of the authorship of the letter with which those documents are written by
or the signature written down;
- to draw Certificates of Life and Identity, as well as of the performance
of public duties, of management or of any administration of companies and
- to draw Certificates of any other effects which have been duly verified;
- to certify or to make certified, circulation of documents written in a foreign
- to draw Certificates of Public Instruments and of any other registered
documents, or to draw public forms of documents which, to their purposes,
are presented to or by interested parties;
- to issue copies of instruments and any other documents, or to check with
the respective original the photocopies claimed by interested parties;
- to intervene in jurical extra-judicial acts (actos juridicos extrajudiciais)
which the interested parties aim to give special guarantee of certainty.