Cuba Notary Qualification cheat sheet

Notarial activity in Cuba is regulated principally by Ley 144/1993 (Ley del Notariado) and its reglamento; the notario público is a licensed lawyer appointed to give public faith (fe pública) to acts and contracts.

Notarial functions are organized through the Dirección de Notarías y Registros Civiles del Ministerio de Justicia; notaries are attached to notarías públicas organized territorially, and the Ministry exercises disciplinary and supervisory authority.

Core notarial acts: autorización de escrituras (deeds), protocolización, actas de notoriedad, testimonios, legalizaciones, and certification of copies; each has distinct formal requirements under Ley 144/1993.

The notary must identify the parties by documento de identidad and record the identification in the instrument; for foreign parties, passport or equivalent plus verification of legal capacity and, where applicable, representation.

The protocol (protocolo notarial) is the bound, foliated, sealed record of escrituras and actas; each instrument receives a protocol number, and custody and conservation rules apply to the notary and the notaría.

Notarial competence is territorial in general terms: the notary acts within the demarcation of the notaría, with exceptions for acts authorized outside the office (e.g., at a domicile or hospital) recorded with the reason for the displacement.

Notaries must keep índices and books (protocol, registro de escrituras, libro de actas) and issue testimonios only from the protocol; loss or damage triggers formal reconstruction and reporting duties to the Ministry.

Fees and aranceles are set by regulation, not freely negotiated; charging outside the arancel or conditioning service on extra payments is a disciplinary infraction.

Legal personality begins with birth alive; the nasciturus is protected for rights that would accrue if born alive (Código Civil, Ley 59/1987), which matters for successions opened during gestation.

Capacity: majority at 18; emancipated minors and disabled persons subject to judicial incapacitation require specific rules of representation or assistance when executing notarial acts.

Marriage is formalized before the notario or the funcionario del Registro Civil; matrimonial property regimes and capitulaciones matrimoniales may be executed by escritura pública before marriage or during it.

Succession may be testada, intestada, or mixta; the testator's freedom is limited by legitimas and other reserved portions in favor of forced heirs under the Código Civil.

Testamentary forms include the open will (testamento abierto) before a notary with witnesses, the closed will, and special wills (military, maritime); the notarial open will is the ordinary form.

Intestate succession follows orders of heirs: descendants, ascendants, spouse, and collateral relatives, with the surviving spouse's concurrence governed by statutory rules.

Acceptance and repudiation of an inheritance are acts with retroactive effect to the date of death; they may be formalized by escritura pública, and repudiation requires capacity and formal expression.

Adoption, filiation recognition, and change of name are registered civil-status acts; notarial intervention appears in consents and in some recognitions, but the Registry governs effects.

Ownership (propiedad) is the fullest real right; real rights in Cuban civil law include usufruct, use and habitation, servitude, surface, and mortgage, with numerus clausus logic.

Transfer of ownership of immovables requires título and modo: the escritura pública plus the corresponding registration in the Registro de la Propiedad; registration protects third parties in good faith.

The Registro de la Propiedad is governed by Ley 5/2022 (Ley del Registro de la Propiedad) and its reglamento; it operates by fincas and folio real, with publicidad registral and tracto sucesivo.

Principle of tracto sucesivo: each transfer or encumbrance must be inscribed in favor of the person who previously appears as holder in the registry; a break requires prior corrective inscription.

Principle of legality: the registrador califica the instrument's form and the parties' capacity and title; defects lead to suspensión or denegación with reasoned note (nota de calificación).

Mortgage (hipoteca) is constituted by escritura pública and inscribed; it requires a determined obligation, and inscription gives preference according to the date and rank of entry.

Horizontal property (propiedad horizontal) is constituted by escritura pública and statute; the notary drafts the división, cuotas, and estatutos, which are then inscribed.

Possession and usucapión: possession must be public, peaceful, and uninterrupted; the notary may attest to acts of possession, but title by prescription is declared judicially or per registry rules.

Contract requires consent, object, and causa licita; consent must be free of vicio (error, dolo, violencia, intimidación), and the notary verifies expression of will in the instrument.

Obligations may be civil or natural; the notary must distinguish enforceable obligations from moral duties when drafting clauses such as reconocimiento de deuda.

Clauses in escrituras must be lawful and determinate: objeto cierto, precio or consideration, plazo, and modo of performance; indeterminate or purely potestative conditions may be void.

Solidarity (solidaridad) is not presumed unless agreed or established by law; the notary should state expressly whether obligations are mancomunadas or solidarias.

Contractual penalties (cláusula penal) are valid if not abusive; the notary records the amount and the mechanism, noting that judicial moderation may apply.

Assignments of credit, subrogation, and novation must identify the original obligation and the creditor's consent where required; the instrument should reference the underlying title.

Lease and housing contracts may be formalized by escritura pública; terms exceeding statutory limits, deposits, and rent rules must be checked against housing legislation.

Representation: the notary verifies poder or mandato, its scope, and its validity; acts by a representative without sufficient power may be ratifiable but not inscribed as valid.

An escritura pública must contain: place and date, notary's name and notaría, identification of parties, antecedent titles, clauses, legal warnings, and signatures of parties, witnesses where required, and the notary.

The instrument is read to the parties (lectura) and the notary must state that it was read and approved; the record of reading and consent is essential to validity.

Protocolization: the notary incorporates a document into the protocol with a diligencia; the original remains in the protocol and testimonios are issued from it.

Witnesses are required in specific cases (e.g., testator unable to sign, certain relatives' interests); the notary records witness identification and absence of conflict.

Corrections (salvaduras) must be made before signatures and noted; post-signature changes require a new diligencia or instrument, never alteration of the signed text.

The acta de notoriedad documents facts the notary personally verifies or that are established by declarants; it is not a substitute for a deed where the law requires escritura.

Language: instruments are drafted in Spanish; foreign-language documents require translation by a sworn translator before protocolization or legalization.

Numbering, foliation, and sealing of the protocol are mandatory; a deed lacking protocol number or proper sealing is defective and cannot be safely testified.

The apostille under the Hague Apostille Convention certifies the authenticity of a public document's signature and seal; it does not certify content or legal effect.

Cuba is a party to the Hague Apostille Convention; competent authority for apostilles is designated by the Ministry of Justice/Ministry of Foreign Affairs depending on document type.

Documents originating in Cuba for use abroad: notarial legalization by the Dirección de Notarías, then legalization or apostille by MINREX; consular legalization applies for non-Convention states.

Foreign documents for use in Cuba: apostille or consular legalization plus, where required, translation by sworn translator and legalization of the translation.

Notarial legalization (legalización) certifies the signature and capacity of the notary or official, not the truth of the act; it is a chain: notary, then superior authority, then foreign ministry.

Apostille content includes country, signatory, capacity, seal, place, date, number, and issuing authority; missing elements may cause rejection by the receiving state.

Copies: certified copies (testimonios) may be issued only from protocol documents; photocopies of private documents require comparison and diligencia by the notary.

Electronic apostille and electronic registers are expanding; practitioners should verify the receiving authority's acceptance of electronic apostilles before relying on them.

The notary is impartial: must not act in instruments where the notary, spouse, or close relatives have an interest, and must decline where independence is compromised.

Secrecy (secreto profesional) covers the content of the protocol and client information; disclosure is permitted only by legal obligation or judicial order.

Duty to verify identity, capacity, and legality of the act; the notary must refuse instruments contrary to law, public order, or good customs, stating the reason.

Incompatibilities: notaries may not engage in activities incompatible with independence, such as certain commercial or advocacy roles in matters they authorize, per Ley 144/1993.

Disciplinary infractions range from minor (procedural lapses) to serious (false statements, unauthorized fees, loss of protocol); sanctions include warning, fine, suspension, and removal.

The notary is liable civilly for damages caused by defective authorization and may face criminal liability for falsedad documental; the notaría's insurance and the Ministry's oversight apply.

Anti-money-laundering duties: identify beneficial owners, report suspicious operations, and keep records; failure to apply due diligence is a disciplinary and potentially criminal matter.

Advertising and fees: notaries may not solicit clients or split fees; aranceles are mandatory, and any extra charge must have a legal basis.

Poder general (general power) covers administration acts; poder especial is required for acts of disposition, mortgage, sale, or litigation, and must specify the act and its limits.

A power of attorney may be revoked by escritura pública; revocation must be notified to the attorney and, where possible, to third parties, and inscribed if the power was registered.

Powers for use abroad often require apostille or consular legalization after notarial authorization; the power's text should anticipate the foreign authority's requirements.

Testamento abierto: executed before notary with two witnesses (or three in specific cases), read, and signed; the notary keeps the original in the protocol and issues a testimonio to the testator.

Revocation of a will: a later will revokes the earlier one unless it expressly states partial revocation; revocation may also be by escritura pública.

Legítimas: forced heirs (descendants, and ascendants in default) receive the statutory portion; the notary must not authorize a will that disposes of the legitima without legal basis.

Estate matters: partición de herencia, adjudicación, and inventario may be formalized by escritura pública; the notary verifies heirship, testate/intestate status, and payment of taxes.

Codicilo and memoria testamentaria have limited scope; the notary should advise the testator of the will's registration and the possibility of deposit before the registry.

Commercial companies: constitución, estatutos, and modifications require escritura pública and inscription in the Registro Mercantil; the notary verifies capital, partners, and legal form.

Foreign investment: Ley 118/2014 governs foreign investment; notarial acts involving foreign investors must reflect authorization, registration, and compliance with sectoral rules.

Housing transfers: sale of vivienda requires escritura pública, proof of title, and registration; restrictions on ownership of multiple dwellings and on transfers to non-residents must be checked.

Donations of real estate and transfers to relatives may trigger tax and registration requirements; the notary must verify the title's clean registry status before authorizing.

Commercial leases and franchise or distribution contracts may be protocolized; the notary checks object legality and registration obligations under commercial law.

Mercantile powers and company representation: the notary verifies the appointment and the scope of authority (administrador, apoderado) from the registered estatutos.

Foreign documents in investment transactions require apostille/legalization and sworn translation; the notary records the chain of legalization in the instrument.

Taxes: transfer taxes and registration fees must be settled or provided for; the notary may not authorize an instrument where the law requires prior tax clearance.