Reform of the Registry and Notarial System in Chile

Law No. 21,772 introduces a structural reform to the Chilean notarial and registry system , mainly modifying the Organic Code of Courts and the regulations of the Real Estate Registry .

Its central objective is:

• Modernize the system (digitalization and transparency)

• Strengthen control and supervision

• Professionalize access to positions

• Improve the quality of service to the user

2. Main changes

A. New appointment system ( Senior Public Management )

The traditional model is replaced by a competitive, merit-based system :

• Public competitions managed with the participation of the Civil Service

• Standardized assessment (legal knowledge, management and skills)

• Preparation of a ranking of applicants

• Final selection by the President of the Republic from a shortlist of three candidates

Strict disqualifications are also introduced due to kinship and conflicts of interest , even up to 1 year after leaving relevant public office.

B. Strengthening oversight

A robust control system is established:

• Active supervision by judicial prosecutors

• Periodic inspections and mandatory external audits

• Structured disciplinary procedures

• Complaints channel and user satisfaction surveys

The application of the Consumer Protection Law ( Law 19.496 ) is also incorporated into these services

C. Mandatory digitization of the system

One of the most significant changes:

• Creation of mandatory digital repositories

• Digitization of public deeds and records

• Issuance of electronic copies with advanced electronic signature

• Interconnection between notaries, registrars and public bodies

Free remote access for users to basic registry information

D. New transparency obligations

Notaries and registrars must:

• Having a website is mandatory , with:

  • Rates

  • Schedules

  • Procedures and requirements

  • Personnel and remuneration

  • Audits

• Report tariffs periodically to the Ministry of Justice

E. Tariff regulation

• A system of regulated maximum prices is established

• Establishment by decree of the Ministry of Justice

• Update at least every 2 years

• Possibility of differentiated rates by zone or category

F. Changes in operational functioning

Inter alia:

• Minimum required hours: 7 hours per day

• Obligation of the holder's presence

• Prohibitions on hiring relatives

• Strict regulation of replacements (substitutes and temporary staff)

G. New notarial functions and responsibilities

• Electronic submission of documents to the registrar

• Formal custody of securities under instructions

• Notarial deeds of verification of facts

• Extended civil and disciplinary liability

H. Audits and financial requirements

• Mandatory external audits for certain professions

• Obligation to provide guarantees ( security )

• Strict rules for the transfer of the office

3. Practical Impact

For law firms and clients

• Greater traceability and access to information

• Gradual reduction of in-person procedures

• Possible standardization of costs

For notaries and registrars

• High operational impact (technology, compliance, audits)

• Greater exposure to audits and penalties

• Professionalization of access to and retention in the position

For the system in general

• Transition to a digital, transparent and regulated model

• Reduced discretion in appointments

• User/consumer focus

4. Validity and relevant transitional rules

• General entry into force: April 2, 2026

• Some obligations (especially digital ones) depend on:

  • Issuance of regulations

  • Additional deadlines later

5. Recommendations

For clients and companies:

• Anticipate changes in processing times and methods

• Evaluate the use of digital channels

For legal professionals:

• Prepare adaptation to electronic processes

• Review impact on registration costs and times

For notaries/registrars:

• Implement technological infrastructure

• Adjust regulatory compliance (compliance and audit)