Significant Changes in the Notary System Ahead
The impending retirement of 35 notaries and registrars aged over 75 will bring substantial changes to the Chilean justice system, with their last day of service set for October 2, 2026. In response to this significant transition, the government has taken proactive measures to ensure that the process is orderly and that services continue without interruption. Justice Minister Fernando Rabat formally notified all notaries, registrars, and archivists of these changes in a letter dated September 14.
According to the notice, "Effective October 2, 2026, those justice administration assistants appointed prior to May 30, 1995, who have reached the legal retirement age of 75 years will cease their duties. This mandatory provision of the law will simultaneously lead to the cessation of functions for notaries and registrars across various offices nationwide, requiring state organs and powers to coordinate the transition effectively and in a timely manner." Rabat emphasized the importance of maintaining public interest in the appointment processes for public faith organs, asserting that such processes must uphold the highest standards of suitability, transparency, merit, and integrity.
Ensuring Continuity and Transparency in Appointments
For the 35 positions that will become vacant, replacements will be determined based on lists of three attorneys submitted by the retiring officers, arranged in order of priority. These potential successors must meet the strict disqualifications established by the new law. In cases where no list is provided, the respective judicial prosecutor is responsible for appointing a substitute within a legal timeframe of two working days.
The government has urged judicial prosecutors to take necessary actions to promptly communicate replacement proposals to the relevant ministerial regional secretariats, emphasizing the urgency of the transition process. Additionally, Rabat requested that judicial prosecutors implement supervisory measures to ensure compliance with the new regulations, particularly regarding the complete and proper transfer of responsibilities from outgoing officials. This includes delivering all public records in both paper and electronic formats, as well as conducting required audits prior to leaving office, as mandated by the law.
On the same day as the retirements, the Justice Ministry will send the profiles of the 35 outgoing justice assistants to the Civil Service. This effort is being led by Patricio Cuevas, head of the Judicial Division, to prepare for the initiation of recruitment processes for their permanent replacements. The Civil Service will thus have a total of 65 profiles to work with, as they already possess an additional 30 profiles dispatched by the Justice Ministry.
While the path appears clear for the implementation of these retirements, the Justice Ministry remains vigilant for any last-minute judicial rulings that may temporarily suspend this wave of retirements. A group of notaries and registrars, including influential figures like Santiago's Conservator Luis Maldonado and others, are contesting this decision, both in civil courts and constitutional jurisdictions.
As reported by latercera.com.
