BOE-A-2026-22008 ·22 October 2026 ·otro Medium impact
Corporate

Notaries and Notarial Associations: common procedure for the destruction of special protest protocols

The Instruction establishes a single, uniform framework for the destruction of volumes of special protest protocols for bills of exchange and other commercial documents (Art. 1). The procedure requires prior authorisation from the Directorate General for Legal Certainty and Public Faith, as well as the hiring of a specialised company to guarantee the impossibility of reconstruction and the maintenance of notarial secrecy (Art. 3). There is an obligation to preserve a representative sample of one volume for every five years (Art. 4).

In 3 key points

  1. Only volumes at least five years old may be destroyed, calculated from 31 December of the corresponding calendar year, Art. 2.3 (art. Segundo.3)
  2. In force from 23 October 2026, Art. 5 (art. Quinto)
  3. Obligation to preserve a sample of one protocol volume for every five consecutive years, Art. 4.1 (art. Cuarto.1)

How it affects those involved

For notaries and District Archivists, the regulation unifies destruction and custody criteria, requiring them to manage destruction files including inventories and certifications from specialised companies (Art. 3). Notarial Associations must supervise the submission of copies of destruction certificates within five working days (Art. 3.4). The regulation ensures traceability and data protection in the management of sensitive commercial documents.

Lifecycle

2026-10-22PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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