The Public Notary and its main Obligations

The public notary is the legal professional that is authorized to attest to the acts and contracts that are celebrated before him. To do so, it legalizes the grantors will, drafting the instruments to which it grants authenticity, preserves the originals and issues the corresponding transfers.

Its function also includes the verification of facts and the processing of non-contentious matters foreseen in the matter’s laws.

Within the many obligations and powers of a public notary, it may:

• In this sense, the public notary may excuse himself from acting on holidays or at a time other than his office, unless the requirement is for the granting of a will, as long as, to notary’s judgment, the circumstances of the presumed testator make the granting, an urgent matter.
• It can also excuse itself from acting when the applicants for the service do not provide the necessary elements or do not pay in advance the corresponding expenses and fees.
• The exercise of the notary role and legal advice provided by the public notary must be done in the interest of all parties and the fair and equitable legal order of the city, and therefore, incompatible with any submission relationship in favor, power or money that affect its formal or material independence.
• The public notary should not accept more affairs than those he can personally attend in his authentication role.

Likewise, it will not be able to:

• Act in a biased way in the exercise of its functions.
• Act as a notary in legal documents or affairs in which it is interested in, has the disposition to favor, or intervene on its own, represented by or on behalf of third parties, the notary itself, its spouse or relatives, or its associates, alternates and their spouses.
• Act as a notary without a party’s request, interested party’s request or court order, except in the cases provided by law.
• Attest, acts, events or situations without having been fully identified as a notary.
• Attest in a non-objective or partial manner.
• Establish offices in an address different from that registered by the competent authority, to assist the public in matters and procedures related to the notary’s office under its charge.