Frequently Asked Questions

Yes. In Uruguay, a notary (escribano) is required to execute a real estate deed. The notary ensures the legal certainty of the transaction by verifying the title history and ensuring the operation complies with the law.

Generally, the buyer chooses the notary, as they are the one who needs guarantees regarding the legal status of the property being acquired. This notary will conduct the title search, verify that the property is free of liens, and draft the final deed.

Among others, you will need: Property title, Survey plan and, if applicable, municipal approval, Updated registry certificates, Lien certificate, Co-ownership regulations if applicable, and others.

• Credit approval from the financial institution. • Property documentation (title, certificates, etc.). • Signature of the borrower and, if applicable, their spouse. • Registration with the Property Registry – Real Estate Section.

Generally, the person receiving the loan bears the costs, unless otherwise agreed between the parties or determined by the financial institution.

We work with all banks and financial institutions operating in Uruguay, including: BROU (Banco República), Santander, Itaú, HSBC, Scotiabank, BBVA, Banco Hipotecario del Uruguay (BHU), Heritage, Citibank, Banque Heritage, and credit unions such as FUCAC and ACAC. The notary handles the title search, drafts the mortgage deed, and coordinates with the bank for the signing.

The general process is: 1) The bank approves the mortgage loan. 2) The notary conducts the title search of the property (30 years of history). 3) Registry and cadastral certificates are requested. 4) The mortgage deed is drafted. 5) The signing is coordinated at the bank or notary office with all parties. 6) The mortgage is registered with the Property Registry. The process usually takes between 30 and 60 days from credit approval.

A simple probate proceeding can take between 3 and 6 months, depending on the complexity, the location of assets, and whether there is agreement among the heirs. The speed also depends on judicial and administrative timelines.

The Certificate of Court Proceedings is essential to prove the heirs' ownership and to be able to dispose of the assets (for example: sell, donate, etc.).

The testator must appear before a public notary, who will draft the will according to their wishes and in compliance with the law. The will is executed (in most cases) as a public deed, with the corresponding formalities.

Yes. A will can be modified as many times as the testator wishes, as long as they have legal capacity. The last duly executed version will be the valid one at the time of death.

It depends on several factors: number of partners, available capital, desired level of liability, and business activity. The most common options are: • SAS (Simplified Joint-Stock Company): ideal for startups and ventures, agile and flexible. • SRL (Limited Liability Company): suitable for SMEs with few partners. • SA (Corporation): recommended for larger-scale companies. Our firm advises you to choose the most suitable structure.

The SAS (Simplified Joint-Stock Company) was introduced in Uruguay by Law 19,820. It is especially attractive for startups and entrepreneurs because: it can be formed with a single partner, no minimum capital is required, it allows a flexible governance structure, formation is faster than other corporate types, and partners limit their liability to the capital contributed.

Bylaws are the founding document of the company that establishes the operating rules: corporate purpose, capital, management, profit distribution, decision-making, entry and exit of partners, and dissolution. They are essential for preventing conflicts and providing legal certainty to the business.

Timelines vary by type: • SAS: between 5 and 15 business days (the fastest). • SRL: between 15 and 30 business days. • SA: between 30 and 60 business days. These timelines include drafting of bylaws, registration with the National Commerce Registry, and other necessary procedures.

Trademark registration is done through the National Directorate of Industrial Property (DNPI). The process includes: prior search to verify availability, filing of the application with the trademark details, publication in the Official Gazette, opposition period (30 days), and issuance of the registration certificate. The notary can assist in the preparation and certification of the necessary documentation.

Trademark registration is valid for 10 years, renewable for equal periods. It is important to renew it before expiration to avoid losing acquired rights.

Registration provides exclusive legal protection over the use of the trademark, trade name, or intellectual creation throughout Uruguayan territory. It allows legal action against unauthorized uses and adds value to the company's intangible assets.

A startup typically needs: company formation (usually SAS), drafting of shareholder agreements, trademark registration, non-disclosure agreements (NDA), contracts with employees and suppliers, and eventually investment contracts. Our firm provides comprehensive advice to support every stage of the venture.

In addition to company formation, an SME needs: updated bylaws, powers of representation, commercial contracts, certificates of existence and representation, and eventually trademark registration. The notary advises on which documentation is a priority based on the business activity and stage.

Legalization is the traditional procedure for validating a Uruguayan document abroad through a chain of certifications. The apostille, on the other hand, is a single, simplified certification recognized among countries that are part of the Hague Convention, including Uruguay.

Yes. For several years now, the Directorate General of Consular Affairs has allowed certain documents to be apostilled in electronic format through the Ministry of Foreign Affairs platform.

The donation must be executed by public deed before a notary. In addition to the express consent of the donor, it is essential to comply with legal requirements, such as the acceptance by the donee and the registration of the act.

Generally, the following apply: ITP (Property Transfer Tax), which in donations is paid by the donee, and IRPF (personal income tax).

It is the act by which the notary attests that a signature was made in their presence by the identified person, recording this on the document.

They serve to attest that a copy is a true and exact reproduction of the original document presented. They have full evidentiary value and are required by various public and private institutions.

It is a document that can be executed as a public deed or private document, whereby one person (grantor) authorizes another (attorney-in-fact) to act on their behalf, either for specific or general legal acts.

Yes. It can be done at a Uruguayan consulate or before a local notary, with subsequent legalization or apostille as applicable, for it to be valid in Uruguay.

It is a contract whereby one person (settlor) transfers assets to another (trustee) to administer or dispose of them for a specific purpose, for the benefit of one or more beneficiaries.

Mainly: Administration trust, Guarantee trust, Financial trust. Each has different purposes and legal structures, regulated by Law No. 17,703 and its regulations.

Notary fees in Uruguay vary depending on the type of procedure, complexity, and the value involved. As a guideline: a real estate transaction has a percentage of the sale price (generally between 2% and 3% plus VAT), a SAS formation may cost around 20,000-40,000 indexed units, and a signature certification has a lower cost. Each case is different, so we recommend requesting a no-obligation quote.

The costs of a real estate deed include: notary fees, professional stamps, contributions to the Notary Association, registration with the Property Registry, ITP (Property Transfer Tax) of 2% borne by each party, and registry certificate fees. Some banks such as BROU, Santander, or Itaú may require additional appraisal costs when the transaction includes a mortgage loan.

The cost varies by corporate type: the SAS is the most affordable and fastest; the SRL has intermediate costs; the SA is the most expensive due to mandatory publications. Expenses include: notary fees, publications in the Official Gazette, registration with the National Commerce Registry, and procedures with DGI and BPS. Request a personalized quote for your case.

It depends on the procedure. Generally, a valid identity document is always required. For real estate transactions: property title, survey plan, registry and cadastral certificates. For companies: partner details, defined corporate purpose, and capital to be contributed. For probate: death certificate, birth certificates of heirs, and property titles. For mortgages: bank approval (BROU, Santander, Itaú, HSBC, etc.) and property documentation. Contact us for the complete list for your specific procedure.

The public notary (known as 'escribano público' or 'escribana pública' in Spanish) is a legal professional who provides public faith to legal acts. In Uruguay, the notary is authorized to draft public deeds, certify signatures and documents, participate in real estate transactions, form companies, process probate proceedings, grant powers of attorney, and perform all types of notarial acts with full legal validity.

In Uruguay, 'escribano público' and 'notario' are synonyms: both terms refer to the same professional with public faith. The notary must hold a university degree in Notarial Law issued by the Universidad de la República (UdelaR) or accredited private universities. Unlike a lawyer, who litigates and advises, the notary provides public faith and formalizes legal acts through public deeds. Both careers are independent in Uruguay.

You need a public notary (escribano) for: real estate transactions, mortgages, company formation, probate, wills, powers of attorney, signature certifications, donations, and any procedure requiring a public deed or notarial faith. You need a lawyer for: court litigation, contested divorces, labor claims, and conflict advisory. In many cases, the notary and the lawyer work in a complementary manner.

A digital signature is a technological mechanism that allows signing electronic documents with the same legal validity as a handwritten signature. Its function is to guarantee: the authenticity of the signer, the integrity of the document, and non-repudiation. In Uruguay, the digital signature has legal backing since Law No. 18,600 and its use is regulated by AGESIC.

Any natural or legal person wishing to obtain a digital signature must: Appear before a Certification Authority accredited by AGESIC, verify their identity through an in-person or authorized process, obtain a digital certificate linked to their identity, and have a secure cryptographic device (USB token, smart card, or HSM).