What is the situation of the Registries before the Alarm State for the coronavirus?

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What is the situation of the Registries before the Alarm State for the coronavirus?

Given the current situation of the State of Alarm in Spain, the College of Registrars has prepared a guide with clarifying questions and answers regarding the operation of the Registers in the event of a state of alarm due to the coronavirus (COVID-19). They are as follows.
Are Property Registries, Mercantile Registries and Personal Property Registries open to the public?
The Registers will remain open as it is a public service. This has been established by the Ministry of Justice through the General Directorate of Legal Security and Public Faith.
Exceptions are those registries that are in a situation closed to the public according to the protocol approved by Resolution of the General Directorate of Legal Security and Public Faith of March 13, 2020.
What are the opening hours?
In order to comply with the provisions of the health authorities in the area of confinement and to promote conciliation, during the state of alarm and until the end of it, the hours of attention to the public will be summer, that is, Monday to Friday from 9 to 14 hours . (RDGSJFP March 15, 2020)
Personal attention by the registrar or Registry employees to users of the Registry, will be carried out exclusively by email or telephone.

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What is the protocol to be followed by the Registries and Registrars of Spain before the Alarm State by Covid-19?
Registries and registrars in Spain follow the Covid-19 Registry Services Continuity Plan, which was initially approved by the Governing Board of the College of Registrars and ratified and approved by the General Directorate of Legal Security and Public Faith of March 13 2020, in which the different scenarios and ways of acting for each of them are collected, both for school services and for the different Property, Mercantile and Personal Property Registries. This Resolution and the Continuity Plan can be found at:
http://www.registradores.org/wp-content/uploads/2020/03/RESOLUCION_DEFINITIVA.pdf
How can I make an inquiry to the Land Registry?
PERSONAL attention from the registrar or Registry employees to its users, will be carried out exclusively by email or telephone. The customer service hours will be from 9:00 a.m. to 2:00 p.m.
How can I make an inquiry to the Mercantile Registry?
PERSONAL attention by the registrar or Registry employees to its users, will be carried out exclusively by email or telephone. The customer service hours will be from 9:00 a.m. to 2:00 p.m.
How can I make an inquiry to the Registry of Personal Property?
PERSONAL attention from the registrar or Registry employees to its users, will be carried out exclusively by email or telephone. The customer service hours will be from 9:00 a.m. to 2:00 p.m.
Can I present documentation in the Registries?
Documentation can be presented by post or courier or physically during opening hours to the public from 9:00 to 14:00 from Monday to Friday. Electronic judicial or administrative documents or private instances may be submitted electronically, in the admitted cases, through www.registradores.org ( https://www.registradores.org/registroonline/home.seam# )
It is important to remember that if you have a judicial or administrative electronic document with CSV (secure verification code), a private instance is sufficient, stating said CSV and the address of the corresponding electronic office that will allow you to verify the authenticity of the electronic copy by means of the access to the electronic files of the issuing public body or organism through the corresponding electronic office.
Notaries may file electronically.
The College of Registrars has a manual for the electronic filing of private documents
http://registradores.org/wp- content / uploads / downloads / presentacion_telematica_documentos_privados_en_el_registro.p df
How can I request registration information? How can I request a simple note?
The request for registration information may be made through the website www.registradores.org ( https://www.registradores.org/registroonline/home.seam# ) or by email. It is not possible to request registration information by going in person to the Registry offices.
Can I request a simple note by email?
During the validity of the alarm status, the qnnit of simple notes of the Register by email may be requested. In addition to identifying the property or owner from whom the simple note is requested, the legitimate interest for such request must be stated and the applicant's ID must be scanned.
How can I request a registration certification?
The application for registration certifications may be made through the website www.registradores.org ( https://www.registradores.org/registroonline/home.seam# ). It is not possible to go to the registry office to request certifications.
Can I go and collect documentation in the Land Registry?
Documentation can be sent by post and payments can be made by bank transfer. It can also be picked up in person during business hours from 9:00 a.m. to 2:00 p.m., always following the recommendations and prevention measures indicated by the office staff, although the previous option is recommended.
Before the declaration of the State of Alarm, they notified me of a negative rating note suspending the registration of a document. What period do I have to correct it?
All the terms during the validity of the state of alarm and, where appropriate, its extensions have been suspended.
Before the statement by the State of Alarm, they notified me of a negative rating note suspending the registration of a document. How long do I have to appeal that note?
All the terms during the validity of the state of alarm and, where appropriate, its extensions have been suspended. The period to appeal, will begin to be counted the day after the end of the alarm state or its extensions. If the period to appeal previously has already begun, it is interrupted with the declaration of the state of alarm and resumes at the end of it or its extensions.
Before the declaration of the alarm status, I presented documentation in the Registry. What is the status of said documentation? What is the validity of the filing entry?
The qualification and dispatch period of article 18 of the Mortgage Law of ALL documents that, as of March 13, would have entered the Property Registry, is extended, extending in 15 days, the one that they initially had (Resolutions of the DGSJFP of 13 and March 15, 2020). Regarding those presented after that date, the alarm status being in force that period will be 30 days.
The validity of the filing entry has been suspended during the validity of the state of alarm and, where appropriate, its extensions. Therefore, the seats in force on this date will remain in force without the possibility of expiring during said period of time (article 42 RD Law 8/2020)
The competent registry is in a location closed to the public. How can I present documentation?
Registration in a location closed to the public, supposes the prohibition of access by persons outside the registry. It is established as a preventive measure. The registry will continue to function for the purposes of presentation and issuance of advertising.
The telematic presentation will be maintained and the face-to-face presentation will be made in another Registry, in accordance with article 418a) and following of the Mortgage Regulations, understood as the Property Registry of the district in which the
document, that of the district closest to that in which the Registry in question is located. In the Registry phone that is closed to the public they can indicate the registry in which they can present the document.
What activity is carried out by a Registry in a location closed to the public?
The activity of the Registry will be essentially limited to the entry and presentation of documents and formal advertising. Principle of the document
What is the status of the freezing orders?
The computation of the expiration period of the preventive annotations is suspended, which as a general rule, has a validity period of 4 years (article 42 of the RD Law). The computation will resume the day after the end of the alarm state, or its extension.
What is the situation of the marginal notes of fiscal affection, or in general of those entries subject to cancellation due to expiration?
The computation period of any registry entry that can be canceled due to the mere passage of time is generally suspended. The computation will resume the day after the end of the alarm state, or its extension (article 42 of the RD Law).
Commercial Registry Certifications
The suspension of terms of article 42 of RD Law 8/2020 is applicable to the name reserve certifications of the Central Mercantile Registry, whose term of validity is suspended from the publication of the aforementioned Royal Decree.
The same occurs with the comprehensive certifications of the complete history of the company in cases of transfer of the domicile to another province (art. 19 of the Commercial Registry Regulation), whose term of validity is suspended until the end of the state of alarm or extension of the same.
Is the settlement office still open?
All the measures related to the opening of the settlement offices to the public and the presentation of documents is the responsibility of each Autonomous Community. Most have
made the decision to suspend the attention to the public and allow only the telematic presentation. Some such as Andalusia, Aragon, Catalonia, Madrid or Navarra have modified the deadlines for submission. Consult on the internet, the situation of your Autonomous Community Principle of the document
Does the state of alarm affect the deadline for the legalization of account books?
In relation to the approval of the annual accounts, the period of three months from the closing of the fiscal year foreseen for the formulation of annual accounts, ordinary or abbreviated, individual or consolidated and other legally binding documents, is suspended until the state of alarm ends. , resuming again for another three months from that date. The resulting period is three months from the end of the alarm state or its extensions.
As for the legalization of the books in the Mercantile Registry, it is not expressly contemplated in the new regulations, but considering the general suspension of the ordinary terms and particularly the term for the preparation of accounts, to which the time limit for legalization of books, it should be interpreted that this too is suspended until the end of the month following the deadline for the preparation of accounts.
So the resulting period would be four months from the end of the alarm state or its extensions. IT SHOULD BE CLEAR, HOWEVER, THAT IT IS ONLY A SUSPENSION OF THE TERM BY THE CIRCUMSTANCES THAT WE LIVE, SO IT IS POSSIBLE TO FORMALIZE THE LEGALIZATION BEFORE THE LEGALLY ESTIMATED REGULAR PERIOD.