Are you interested in learning about the differences between notaries in Mexico versus notaries in the United States? Referred to as a “Notary Public” in the U.S, a notary is a public officer whose main duties include witnessing and authenticating the execution of certain types of legal documents. In the State, the term notary public only refers to common-law notaries which are also known as lay notaries. Notaries also administer oaths and affirmations, and perform certain other official acts depending on the jurisdiction. In Mexico, notaries are called “Notarios” and perform a variety of functions. If you’d like to learn more about notaries in Mexico, keep reading below.
In Mexico, notaries play a very important part in many official transactions and processes. For example, buying and selling of all types of real estate, the establishment of deeds and wills, the creation of mortgages, and the incorporation of every company must all be protocolized by a Notario Público. In addition, if an individual or company fails to use a Notario Público to properly calculate and withhold taxes, it can result in personal liability to the Notario. While many people confuse United States’ notary publics with Mexican Notarios, US Notaries don’t compare to the types of operations that Mexico Notarios oversee. In order to be a notary in Mexico, you must be Mexican by birth, between 25 and 60 years old, in good health, have a good reputation, not be the leader of a church, and not have a criminal record. In addition, notary workers must take a written exam in order to practice in a notary’s office.
Curious about common duties that Mexican notaries handle? They can be an arbitrator, a mediator, issue judicial opinions, and intervene in judicial proceedings. In addition, they help ensure that documents including bylaws of companies, wills, deeds, powers of attorney, real estate purchases and establishments of trusts are legally sound. Likewise, they also help to ensure payment of taxes, protocolize public deeds, and have the power to witness and certify documents that require absolute authenticity such as wills, business contracts, and real estate papers. In addition, the Notario has the responsibility for the management and storage of original documents. In Mexico, there is supposed to be one Notario for every 30,000 inhabitants. In Mexican real estate transactions, Notario services are usually selected and paid for by the buyer.
When Do You Need a Notary?
In Mexico, you will need a notary if you want to buy real estate. If you need legal advice, you will need to hire an attorney to represent you. In Mexico, the Notaries job is to be neutral and fair to all parties involved. Their primary function is to ensure that all documents and permits are in order. Plus, they also make sure that all taxes are paid on the property as well. Mexico’s Notarios are personally responsible and liable for every transaction that they handle. Due to this responsibility, the fees charged will reflect the type of services they provide. Fees vary from Notario to Notario, and are listed in the closing costs in real estate transactions. In Mexico, Notarios hold a highly respected position and are the final word in the transfer of title when property is sold.
We hope you enjoyed learning more about how important Notaries are in Mexico.