La debida diligencia y la responsabilidad del notario en la prevención del lavado de activos en la transferencia de bienes inmuebles en Ecuador.

Abstract

The role of the notary in Ecuador today is essential for preventing and eradicating money laundering, especially in the transfer of real estate, which represents one of the main avenues for legitimizing illicit funds. With the reform of the Organic Law on the Prevention, Detection, and Combating of the Crime of Money Laundering and the Financing of Other Offenses, notaries have been incorporated as obligated parties to implement more rigorous due diligence measures and to assume greater responsibility in their actions. To that end, there are significant gaps in the understanding and application of these obligations. The apparent responsibility of the Ecuadorian notary as the faithful guarantor of authenticity and holder of public faith must be examined and interpreted in depth; it is imperative to assess their due diligence, their duty of care in accepting and formalizing legal acts, and in embodying the will of individuals, always considering all administrative, civil, criminal, ethical, and other consequences of their actions, all guided by the principles of rogation, control, and prevention that must prevail in their work. My research proposes to address these gaps or shortcomings, clearly highlighting the need for a user friendly, effective tool tailored to the systems needs and challenges an indispensable manual or regulatory guide that consolidates criteria for action in the face of suspicious transactions that could lead to the commission of money laundering. This manual, promoted by the Ecuadorian Federation of Notaries, the Council of the Judiciary, and or the Financial and Economic Analysis Unit, would help strengthen and reinforce the notarial function, ensuring that the notary’s preventive measures do not undermine public trust in the legal system, bolstering their role without affecting the principle of legal certainty.