What is a Notario?

In Mexico, the notary public (notario público) is a public official appointed by the State Governor. He has the capacity to attest and certify documents and business and legal transactions that require authenticity. He also provides for strict security of original records and documents.

Some of the requirements for becoming a Mexican notary public are as follows:

• must be a Mexican citizen
• must by thirty-five years of age
• have a law degree
• three years experience working in a notary public office
• must take and pass an examination and if he passes, in time the governor will give him an appointment.

There is supposed to be one Notario for every 30,000 citizens. The Notario not only has the power to witness and certify documents that require absolute authenticity and handles wills and business contracts, as well as real estate matters, it is required by law. If a document is not notarized by a Mexican notary public it is not legal! In addition, the Notario has the responsibility for the management and storage of original documents.

Although the Notario is a lawyer and generally selected and paid for by the buyer, the Notario won’t function as your attorney in the real estate transaction. He is responsible for being neutral and fair to all parties and cannot advise anyone involved in a transaction for which he is acting as notary.

Under Mexican law, the deed to property must be prepared by a Notario, who will ensure that all documentation and permits are in order and that there are no liens or judgments against the property, so that the transaction can proceed. He will also calculate the seller’s capital gains taxes and the buyer’s acquisition taxes. In short, everything official to do with your transaction should be done by the Notario.

Because of the responsibility and potential liability the Notario may incur, notary fees are significantly greater in Mexico than those of notaries in the USA and Canada. These fees are based on a rate schedule set by an official commission and are tied to the amount declared in the property transfer and are about 1.5% of the transaction value. There is also the 15% I.V.A. to be paid on the services.