Notary In Mexico: An Important Legal Figure

The Notary in Mexico is a highly regarded legal figure as opposed to what a Notary Public is in the United States. They play a significant role in the Mexican legal system, and when trying to start a business in Mexico, grant a power of attorney or buy real estate, you will need to find one. 

The Figure Of A Notary In Mexico

A Notary in Mexico is a law attorney with experience and good standing. The Mexican government grants them “public faith,” meaning they can certify that an act, such as buying property, is happening.

They are public servants assisting the government in civil matters by testifying or “giving faith” that specific actions between citizens are taking place while advising the parties and documenting the event. For example, suppose you sign a contract before a Notary Public in Mexico. In that case, your counterpart could no longer claim his signature was forged if you ever go to court. This is because the Notary, whom we trust, certifies that he signed the contract before him on the date specified in the contract. In essence, they function as an authentication method. You can think of them as old-school blockchain technology.

Notaries in Mexico are regulated at a state level by that state’s Notary Public’s Law. So, they are bound to perform their activities in that state. If you want to incorporate a company in Jalisco, for example, you should go to a Notary in Jalisco. That said, some notaries in Mexico are registered in the company’s registry of more than one state.

What are the requirements to be a Notary in Mexico?

As stated earlier, the requirements vary by state. However, it is very different from becoming a Notary Public in Mexico than in the US.  In Mexico, they are experts in the Mexican legal system. So, to obtain a license, you need to pass an exam where you prove you are indeed an expert. In general, these are the requirements to become a notary in Mexico.

• Be an attorney at law.
• Have experience in notary law by having practiced at another notary’s office.
• Have a good reputation.
• Pass the state exam.

What Can A Notary In Mexico Certify?

Here are some examples of the things a notary in Mexico can assist you with:

• Wills (Testaments)
• Powers of attorney
• Company formation and amendments to the deed
• Purchase / Sell of property
• Certification of facts (going to a place and certifying that an event is happening).
• Mortgages
• Trust funds

International Certification Of Documents

When our clients cannot visit Mexico to incorporate their company, we ask them to send us an apostilled power of attorney to do it on their behalf. This is possible because Mexico is a part of the Hague Apostille Convention, an international treaty regulating how to certify documents for their use in other member countries. 

If the client is from a country not a member of the Hague Convention, they need to go to a Mexican consulate or embassy to get the document “authenticated,” a process through which documents become compliant. 

Similarly, a notary in Mexico can certify documents for their use abroad. Countries not members of the Convention will have their authentication process through their consulates and embassies.

The Public Broker: A Similar Figure

A Public Broker is a similar figure to a Notary in Mexico. They, too, can certify acts; however, they are focused on commercial matters instead of civil matters. 

A Mexican Public Broker can also assist you in incorporating a company. Some may argue that the profession is better suited for it since they are experts in commercial acts. But that is not all they can assist you with.

Public Brokers can certify:

• Company formation / Amendments
• Shareholders Meetings
• Property Valuations
• Business Valuations
• Certification of facts

Conclusion

A notary in Mexico is a highly regarded legal figure, unlike notaries in the United States or other common-law countries. They are so-called “faith-givers” in the Mexican legal system, meaning they can certify that an act is happening. 

A Public Broker is similar to a Notary in Mexico but they focus on commercial acts as opposed to civil matters.