How The Central Authority Works in Peru

Written by: Undisputed Legal Inc

This article will provide guidance on How The Central Authority Works In Peru. A democratic nation governed by free-market economic principles, Peru is officially known as the Republic of Peru. The tradition of civil law is upheld in Peru. This means that the system relies heavily on codified statutes and regulations. Click Here for information on How To Serve Legal Papers in Peru!

International Process Service

Parties must submit a request to the Central Authority of the receiving country, along with two copies of the documents to be served, to the officer competent to serve the process in the originating state. Serving papers in Peru can thus be a daunting task. A private process service agency like Undisputed Legal can ensure that your documents are served carefully and effectively in the country. Click Here for Frequently Asked Questions About Process Servers!

For countries that are party to the Hague Service Convention, the receiving state’s Central Authority arranges service in a way that complies with the country’s laws. However, Peru is not a signatory to the Hague Service Convention. Undisputed Legal has successfully provided international process services in several countries. By the standards and regulations, our professionals will serve the documents according to international laws. Since Peru does not follow the Hague Service Convention, our local process servers can ensure that your papers are served following the Inter-American Service Convention and Peru’s domestic law. Click here for information on How To Identify A Good Process Service Agency

Service according to the Inter-American Service Convention

According to certain courts, US residents can still be served through other methods, even if a state is a party to the Inter-American Service Convention. The Federal Code of Civil Procedure 4(f) specifies the contracting state does not have to reject other methods of service explicitly. Consequently, the form should be submitted to the foreign party to the Convention and Additional Protocol. The complaint and all accompanying documents, along with any other exhibits or rulings that support the requested action, must be authenticated. A letter from the appropriate adjudicatory authority must be included, specifying the time limit for the affected person to respond and the consequences for failing to do so. A certified translator must translate documents. Click here for information on How Rush Process Service Can Expedite Your Case.

If the service is reasonably calculated to give actual notice, the court’s directions before or after service must be followed. If the action is pending in a court outside of the United States, the instructions must be given by this chapter or the foreign authority’s response to a Letter Rogatory. Otherwise, the instructions must be as prescribed by local law. We at Undisputed Legal only engage process servers who live in Peru. To provide you with the most current and accurate information about the country’s central authority, we keep up with the requirements of international legal cooperation. Click here for details on How Service of Process Ensures A Solid Foundation.

A judge’s signature is required, although the clerk cannot put the judge’s name on a document. A judge’s signature and the court’s seal are usually enough to be accepted in most countries. The official language of the foreign country must be used to translate the Rogatory letters and any supporting documents. Before a notary public, the translator must swear to the accuracy of the translation. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Diplomatic channels convey Letters of Rogatory to foreign authorities, which subsequently affect service in the receiving nation. Since we deal with cross-border legal issues involving Peru or any other member state of the Organisation of American States, we at Undisputed Legal make sure to be well-versed in the processes and responsibilities of the central authority as outlined in the Inter-American Convention on Letters Rogatory. Following effectuation of service, the requested court in the US will receive the Letter of Rogatory and any attachments through certified mail from the Office of American Citizens Services, which returns them to the Department of State via the diplomatic channel. Click here for information on How To Overcome Language Barriers in Process Service

Central Authority in Peru

The Peruvian Ministry of Foreign Affairs has been designated as the country’s Central Authority regarding the Inter-American Convention on Exhortations or Letters Rogatory, the Additional Protocol, the Inter-American Convention on Reception of Evidence Abroad, the Inter-American Convention on Service of Papers, and the compliance with preventive measures.

The Peruvian government agency in charge of the country’s foreign policy, diplomatic ties, and global collaboration is the Ministry of Foreign Affairs. It collaborates with Peruvian consuls and ambassadors to facilitate accreditation in various countries and with international organizations. Similarly, it deals with international organizations with a presence in Peruvian territory, foreign consulates accredited in various Peruvian cities, and accrediting embassies before the Peruvian state in Lima. Javier González-Olaechea is the current minister, designated as of November 7, 2023.

The Ministry serves as an ambassador for Peru and attends to the needs of Peruvians living abroad. Foreign policy, international relations, and international cooperation come under its purview. Lima is home to Peru’s Foreign Ministry, while thirteen other regions have their own Deconcentrated Offices (ODE). Additionally, they collaborate with the Peruvian Agency for International Cooperation (APCI), a government agency responsible for sector-related activities.

The responsibility for overseeing and managing public services is placed on the Council of Ministers, with each minister accountable for issues related to their respective portfolios. The standard bases include a section that aims to order and demand the mandatory requirements. Legalization by Peruvian consular officials and endorsement by the Peruvian Ministry of Foreign Affairs is necessary for public and private documents issued abroad to have legal effect in Peru, according to the Consular Regulations of Peru.

It is essential to understand what falls under the purview of the standard administrative bases in light of Peruvian regulation. The Peruvian Ministry of Foreign Affairs must verify the signature of national or foreign public authorities on any publicly issued or certified documents, regardless of whether the authorities are based in the country or not.

Obtaining the signature of a foreign official recorded in the presence of a consular official is a requirement for private documents issued abroad, as per the administrator’s request. As a result, the consular official will only authenticate signatures on private documents if they were signed in his presence or if their authenticity can be proven beyond a reasonable doubt, with the identity of the signatories being verified in both instances. It would be impossible to legalize it otherwise. The Peruvian Consular Office will then officially recognize the signatures on the private document, and their legal effect will be apparent. To ensure that the paper service is done appropriately, a private process service agency like Undisputed Legal can be helpful. Our servers are local to the area, and they ensure your papers are served according to the specifics of Peruvian Procedure.

Legal System in Peru

Peru has not raised any objections regarding personal or mail service. This means that service can be accomplished in a way that abides by the rules of civil procedure governing service of process abroad. In Peru, business disputes can be officially resolved through either litigation or arbitration.

It is even necessary to have ordinary jurisdiction for civil and business disputes. The Código Procesal Civil and the Legislative Decrees on Arbitration are the primary sources of law governing civil procedure. Disputes arising under public law are typically subject to the former, while those arising under private law are almost always subject to the latter. The Judiciary is the branch of government in charge of mediating business disputes. It is structured hierarchically, with lower-level bodies serving as first and second-tier alternatives, and the Supreme Court serving as a final resort in specific instances.

The judgment could be handed down by a specialized Magistrate’s Court or a Judge of the Peace Court at the first instance, depending on various factors for determining jurisdiction (such as the nature of the claim and its amount). The proceedings would be concluded by a specialized court’s ruling in the second instance if a Judge of the Peace Court ruled in the first.

Conversely, a higher court will serve as the second instance court if the first instance court is specialized. The claim will be denied if the non-judicial dispute resolution process is not fully utilized. According to the law, judicial protection is necessary only in cases where conciliation fails. The lawsuit must be filed for the judicial process to commence. The court subsequently qualifies the claim, which determines its admissibility for processing.
So that the defendant has an opportunity to respond, the party to whom the claim is addressed must be notified. Except for preventive measures, which are processed inaudita altera pars (notified after the respective precautionary measure is granted and executed), no other petitions are notified.

The responsibility for all notifications lies with the Judiciary. In such cases, the parties do not step in. The summoned party has the right to challenge the evidence (via processes called ‘oposición y tacha’ or ‘opposition and objection’) and suggest exceptions (because the claim might have a fixable formal defect) once the claim has been admitted for processing. Additionally, it is responsible for responding to the claim.

Our staff has served thousands of papers for clients worldwide, including US ones. If you need help serving papers, our Undisputed Legal servers are happy to help.

Enforcement of Foreign Judgements in Peru

Without a relevant treaty, the foreign ruling has the same weight as Peruvian judgments in the issuing country. This means that the decision will not be enforceable in Peru even if it originates from a country that does not recognize the authority of Peruvian courts.

Additional conditions must be met to acknowledge the impact of an international decision in Peru. This includes, among other things, that [A.] the foreign courts do not decide on issues that are solely within Peruvian jurisdiction, [B.] the foreign court has the authority to hear the case according to its rules of Private International Law and the general principles of international procedural jurisdiction, [C.] the defendant has been summoned legally with due process guarantees, and [D.] the ruling has the authority of res judicata. Additionally, the complete ruling- which has been duly translated into Spanish and legalized- needs to be furnished. Similarly, the aforementioned requirements must be accompanied by the documents that verify their concurrence. The conventions govern jurisdictional matters in Peru, including the Inter-American Convention on General Rules of Private International Law (1979), the Inter-American Convention on Letters Rogatory (1975), and the performance of foreign procedural acts, as well as the recognition and enforcement of foreign rulings.

The New York Convention of 1958 also governs the recognition and enforcement of international (or foreign) arbitration awards. International commercial disputes can be heard in Peruvian courts with complete protection of the parties’ procedural rights because of our system’s transparent procedural rules. However, the time it takes for the courts to make a final decision in a dispute is the biggest obstacle to overcome. This refers to the four-month process involving notifying a party or third party whose domicile is outside of Peru.

While the procedure may seem daunting, we at Undisputed Legal can advise you on the most effective service methods based on your concerns. Our duties at Undisputed Legal include finding out how to adhere to translation and processing fees, deciding between a private server and international service, and understanding what Peruvian service requires.

Notary in Peru

Notaries are not included in the list of officials and public servants in the current Penal Code in Peru. The notary receives no compensation from the public treasury or any other funds that originate from the State. The State does not provide funding or take on financial responsibility for establishing an office known as a notary. A notary’s ability to continue performing their duties indefinitely is independent of the legislative intent of the state. Permanent office is guaranteed to the notary public so long as he faithfully executes his duties and abides by all applicable laws.

At the request of users who request their professional activity, the notary fundamentally formalizes acts or declares situations. It should be specified that they do not issue orders. There is no hierarchy among Peruvian notaries. First- and second-level notaries do not exist. The notary’s role as an attestation strengthens the system’s legal stability. In carrying out their duties, a notary is not bound to follow the instructions of any higher-ranking official, and their territorial jurisdiction cannot be altered unless they seek another public election or are temporarily assigned responsibilities outside of their original appointment district.

The notary’s professional organization and the Ministry of Justice, which bestowed his title, remain unaffected. Notaries are not considered public officials unless they receive compensation, oversee State funds, and functionally depend on a superior.

The notarial services in Peru are available by appointment only and are open to all nationalities. Before bringing affidavits to be notarized, it is advisable to seek the assistance of a lawyer. Our Undisputed Legal private process servers can ensure that your papers are meticulously accounted for before service. However, it is necessary to proceed to the notary public with the full, unsigned paperwork. All packet pages must be presented, regardless of whether some do not necessitate signatures or seals. Parties should show a valid passport, driver’s license, or Peruvian DNI issued by the government. It is important to verify that the name on the identification matches the name on the documents.

A notary seal costs fifty dollars. The parties must understand the document you are having notarized and be of sound mind. Consular personnel are unable to explain the contents. Parties should arrange their witnesses if their notary service requires one. Notaries and consular employees are not considered public officials to witness documents.

Nevertheless, a Notary Public certification of the Power of Attorney is required for a withdrawal, proceeding, claim, or procedural act. Suppose the Power of Attorney was signed overseas. Legalizing the signature by an apostille or a Peruvian consular officer is required if the foreign country is not a party to The Hague Convention. The same holds for filing contentious administrative complaints or responding to them through the judicial channel: a Power of Attorney certified with an Apostille or by a Peruvian Consular Officer is necessary.

Power of Attorney in Peru

The legal process of executing a Power of Attorney allows one party to delegate specific authority to another, allowing the recipient to act on their behalf and engage in actions that could have legal ramifications for the original party.

Peruvian authorities will recognize the powers granted in the Consular Offices, so they must be granted according to their terms and in their way. The three main categories of legal authority are the Letter of the Power, powers granted outside of registration, and powers granted in public deeds. Public deeds are the most legally certain way to act on behalf of another person in specific situations, as provided for by law. Examples of uses of this kind of power include the ability to represent oneself in legal proceedings, dispose of the grantor’s entire estate, and so on.

A public deed power of attorney is the most solemn and formal document that can be granted in Peruvian law. It is typically used to dispose of rights and obligations. The cost is applicable in this case. Disposal of properties and specific acts fall under extraordinary powers, whereas broad and general powers are associated with administrative functions. Authorities are not presumed to have any particular powers unless they specifically state what those powers are. A document expressing will (minute or request) must contain all specifications; the consular office cannot prepare such a document; the grantor must do it himself.

The original document, with the signatures of the grantor and the attorney (only the original signed document will be accepted), or a minute extending general and/or special powers (drafted by a registered and qualified Peruvian lawyer, including the grantor’s name and registration number in the format). The grantor’s signature and the document’s text are all needed to request the extension of general and special powers of attorney. A lawyer’s signature is not required.

The Consulate General office will review the documents for any potential legal issues. Parties will receive an email with the review results within five business days of receiving the documents. They must make the necessary corrections per the instructions and resend the documents via mail if any observations are found.

Parties should present their national identity document (DNI) if they are a Peruvian citizen and a valid passport or immigration card if they are a foreign citizen. The individual to whom the power of attorney is granted should have their full name, last name, and the number of their identification documents indicated. Unless the interested parties present a document duly signed by a lawyer with current registration in Peru, they are not required to describe or detail the powers they wish to grant through the power of attorney.

A person can be granted the authority to perform solely administrative tasks through this formality of power. Parties should bring a power of attorney the grantor has already prepared but does not include the grantor’s signature. The consular official in charge will witness the signature.

The responsibility of sending the consular report to Peru lies with the grantor. While it is not strictly necessary to register with a public registry, doing so is highly advised for the protection of the principal, particularly in cases where the power involves the transfer of physical or personal property to large-scale deals.

The representative can request registration with the registry of mandates and powers. There is no need for a public deed or notarial intervention regarding the power of attorney letters because they are considered a private mandate. The agent must follow the instructions and update the principal as needed. This responsibility for the agent’s actions or inactions stems from the fact that it connects them to the authority that they represent. The agent and the principal hold joint and several liabilities for the obligations contracted by the mandate. The agent can only subrogate or transfer the mandate to another party with the principal’s explicit consent or as a natural consequence of the agent’s employment.

The intended beneficiary of the power of attorney must be clearly identified. The attorney-in-fact is the lawyer designated to represent the principal in the delegated legal matters; this letter is addressed to them. Notifying the proper authorities and any interested third parties of the power of attorney’s existence and scope is also crucial, as it allows them to acknowledge the attorney’s authority on the principal’s behalf.

Providing proof of service is essential for complying with Peruvian legal procedures. Acknowledgments, such as affidavits or certificates of service, are precisely what our Undisputed Legal team offers to prove your documents’ legal and proper serving. We at Undisputed Legal can guarantee that you have fulfilled all legal requirements, which is essential in case the validity of the service is questioned.

Through our experience in international document service, Undisputed Legal can personalize our services to match your specific needs. At Undisputed Legal, we can help you with any legal matter, from serving papers in a divorce case to resolving complex business disputes.

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Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN PERU

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Peru process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide process service to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

¹ For service to be enacted apart from the Hague Service Convention and even if a state is a party to the Inter-American Service Convention, the following documents must be put forth by the US Litigants:-

Case name;
Docket number;
Country of origin;
Request type (e.g., service of process, certification of documents, etc.)
The individual who will be served: (please provide a name, address, and phone number if available.)
The United States court’s mailing address to return the executed letters rogatory:
Any special instructions (such as a Federal Express account number or the date of a hearing or trial in the United States.’
The enclosed fee
if necessary, the deposit:
A declaration of liability for any expenses beyond the required deposit is included in the letter.
Any foreign counsel with a local presence (name, address, and contact information)
An American attorney’s contact information (name, address, phone, fax, and email) is being requested.

² Documents should be included with Form USM 272/272A, as it serves as a Letter Rogatory.

³ This designation was communicated to the depositary on August 4^th, 2021.

4 The Ministry also involves:-

The Inca Garcilaso Cultural Centre, an institution that helps promote Peru’s cultural policy internationally;
The Javier Pérez de Cuéllar Diplomatic Academy of Peru, a higher center for professional training and research
Institutional Strategic Plan (PEI) 2020–2026,
Multiannual Sectoral Strategic Plan (PESEM) 2024–2030 of the Foreign Relations sector, and Institutional Operational Plan (POI) 2024

The programs all center on the promotion and defense of Peruvian interests and the protection of Peruvians overseas.

⁵ In light of this, it is worth noting that the following documents have been recently approved: the ‘Consular Regulations of Peru that modifies the Regulations of the Law of the Diplomatic Service of the Republic as appropriate’ (Supreme Decree No. 032-2023-RE), an amendment to this decree (Supreme Decree No. 033-2023-RE), and the TUPA (Ministerial Resolution No. 0423-2023-RE).

⁶ Resolution No. 00052-2024-TCE-S3, Opinion No. 009-2016/DTN, and Opinion No. 049-2022/DTN have indicated the following at the doctrinal and jurisprudence level of the OSCE

‘Although the State contracting regulations do not stipulate any specific formality for foreign public or private documents to be presented for contract signing or execution, the Consular Regulations state that legalization by Peruvian consular officials and endorsement by the Ministry of Foreign Affairs of Peru are necessary for these documents to be valid in Peru. An exception to this rule applies to public documents issued in countries that are parties to the Convention of the Apostille, in which case a Hague Apostille will suffice.’

⁷ In this case, the Supreme Court will decide the appeal if one of the parties files a ‘recurso de casación’ [an extraordinary appeal to the Court Of Cassation, which is a kind of Supreme Court] to ask that a final lower court ruling that violates substantive or procedural law be reversed.

⁸ The time limits for procedurally protecting knowledge differ depending on whether it’s a brief summary, an abbreviated version, or full knowledge. These time limits are calculated in working days, defined as Monday through Friday (excluding holidays and days when the Judiciary is not open to the public). Each party has three to five days to raise objections to the evidence or end their cross-examination, five to ten days to suggest an exception, and five, ten or thirty days to reply to the claim

⁹ The rules of Private International Law are outlined in Title IV of Book X of the Peruvian Civil Code, which governs the recognition and enforcement of foreign awards. How it plays out is contingent upon the treaties that Peru has ratified regarding the subject

¹0 Article 58 of the Notarial Law states that granting powers by public deed does not necessitate a second.

¹1 No matter what, the document needs to have the following:

Information about the person granting and receiving the power, including their name, nationality, marital status, occupation, and present address.
The location where authority will be vested.
Name of the powers that this power is intended to effect. The donor must have specific authority to record the power in official records.
Duration of validity.
To exercise authority over real estate, it is necessary to provide the precise location and details as recorded in the registry. This includes vehicles as well as property cards.

¹2 985 Avenida Molas López,

near Pastor Filartiga in Barrio Las Lomas de Carmelitas,

A power of attorney must be present and display a valid form of identification.