Advocacia Portugal | Imigração

Dia: 18 de Julho, 2025

  • Certified Copies of Documents: What It Is and What Safeguards Are Required by the Notary or Lawyer

    Certified Copies of Documents: What It Is and What Safeguards Are Required by the Notary or Lawyer

    The certification of copies of documents is a formal procedure through which official value is granted to a copy, certifying that it faithfully reproduces the original document presented. In Portugal, this procedure may be carried out either by a notary or a lawyer, according to the applicable legislation. A certified copy has full legal validity and can be used in place of the original before courts, public authorities, and private entities.

    For the certification to be valid, a fundamental rule must be observed: the original document must be physically presented to the notary or lawyer at the time of the procedure. It is not permitted to certify a copy based on documents sent by email, in PDF format, or through any other digital means. The professional must have the original document in hand, under direct examination, in order to carry out a proper comparison. This requirement aims to prevent fraud and ensure that the certification is based on authentic documents.

    The procedure itself is simple yet strict: after the presentation of the original and the corresponding copy, the notary or lawyer carefully checks whether the copy faithfully reproduces all pages and elements of the original. Once confirmed, a formal statement is placed on the copy, certifying its conformity.

    However, the process is not limited to this comparison. The notary or lawyer assumes public responsibility and must adopt important safeguards:

    • Verify whether the institution named in the document actually exists and is the legitimate issuer. If any doubt arises, the professional should refuse to perform the act or request official confirmation.

    • If the document contains signatures, the professional must visually verify whether the signature appears authentic and matches the name indicated, refusing any documents that display manifestly false or mechanically printed signatures.

    By following these safeguards, only genuine documents will result in certified copies. Therefore, certification of copies is a formal act that requires both the physical presence of the original document and the careful attention of the responsible professional.

    Adriano Martins Pinheiro, Lawyer in Portugal

  • Signature Authentication: What It Is and What Safeguards Are Required by the Notary or Lawyer

    Signature Authentication: What It Is and What Safeguards Are Required by the Notary or Lawyer

    Signature authentication is a formal procedure through which a notary or lawyer certifies that a given signature was genuinely made or acknowledged by the person identified. This process ensures the legal security of documents, confirming that the signature is authentic and not forged.

    In Portugal, this procedure can only be carried out in person. Therefore, it is not possible to authenticate a signature that was previously placed on a document and sent by email or in PDF format. The main purpose of signature authentication is to formally certify that the signature was made, or acknowledged as genuine, in front of the professional responsible for the authentication.

    To complete the signature authentication, the following essential rules must be observed:

    • The signatory must appear in person before the notary or lawyer.

    • The signature must be placed in the presence of the professional, or, if the document is already signed, the person must personally declare that the signature is theirs and accept responsibility for it.

    • The person must present a valid identification document, containing both photograph and signature (such as a citizen’s card or passport), allowing the notary or lawyer to compare the signature being authenticated with the one on the identification document.

    The notary or lawyer assumes public responsibility when certifying the signature and must follow essential safeguards:

    • Properly verify the signatory’s identity using the identification document.

    • Ensure that the signature placed or acknowledged matches, in appearance, the signature shown on the identification document.

    • Refuse the authentication if there are any doubts about the person’s identity or the authenticity of the signature.

    This procedure explicitly prevents the authentication of signatures placed on documents sent by email or in PDF, since it is impossible to guarantee the authorship of a signature without the signatory’s physical presence and the direct verification of their identity.

    In short, signature authentication is a formal act that necessarily requires the signatory’s physical presence and the professional’s direct control over their identity, ensuring authenticity and legal validity of the signed document.

    Adriano Martins Pinheiro, lawyer in Portugal