Notary public definition, functions, requirements

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Charles McCarthy
Notary public definition, functions, requirements

The Public Notary It is the official who is empowered to give public faith. Therefore, it refers to the authority that has the power to confirm the validity or authenticity of a document. On many occasions the notaries are notaries or notaries, who are the competent persons to attest to certain acts.

In relation to the meaning of attesting, it consists of the power conferred by the State on certain people to authenticate the legitimacy of something.

The notary public is an official who confirms that a document is valid

The scope of the work of a notary, however, will depend on the legislation of each nation. It is important to avoid the existence of conflicts of interest, because a notary could take advantage of your condition for their personal benefit..

To cite one possibility, if a notary is also a lawyer who has his own office, as a notary, he would be in a position to create evidence that could be used later in court. For this reason, the law seeks to avoid these problems through different requirements and regulations..

Article index

  • 1 Functions of the notary public
    • 1.1 Service of attesting to the public
    • 1.2 Certification of legality
  • 2 Requirements to be a notary public
    • 2.1 Trusted public server
    • 2.2 Impeccable conduct
    • 2.3 Commitment and loyalty
    • 2.4 Willingness to learn
  • 3 Notary public in Mexico
    • 3.1 Features
    • 3.2 Instrument file
  • 4 Notary public in Spain
    • 4.1 Notary public judicial
    • 4.2 Notary public notary
    • 4.3 Notary public of registry
  • 5 References

Functions of the notary public

The functions of the notary public seem to be simple, although it is a position that holds an invaluable responsibility, since it is who is in charge of giving faith to facts, instruments or legal acts required in the public sector.

Service of attesting to the public

Its work is based on comparing a document that is shown as an original with that of a copy, thus being able to certify and / or authenticate the veracity of the content of the copy of the document..

Therefore, the notaries deploy a service of public faith. After the notary public gives the certainty, the copy can be used in various procedures and procedures with the same function as the original document..

Ultimately, the notary is in charge of giving faith to the documents. People show him documents and he has to attest by his stamp and his signature of its authenticity. The stamping of authenticated copies and the certification of signatures are also functions of the notary..

Legality certification

Being the official who is dedicated to giving public faith, he becomes the face of the State when it comes to supervising instruments or events, because in this way he can make them legal for the public sector. He is the one who certifies, through his signature, that everything is fully legal.

Requirements to be a notary public

Trusted public server

It must not only be a server of the public administration, but it must also be classified as trusted personnel, since the notary is the signature of the State, giving the approval of certain activities by a larger entity.

As a public servant you must have certain basic conditions within the public administration, discretion being one of them. In addition, you must have a recognized ability to assume these responsibilities..

Impeccable conduct

He must not have been punished for disciplinary offenses, nor have he been convicted of a malicious crime. Therefore, you must have an excellent track record and faultless conduct..

The notary public must be an example of legal guarantee in business or public events, fully complying with its commitment. In addition, they will have the willingness to accept to be sanctioned if the supervisory body finds any fault.

Commitment and loyalty

He must be a professional totally committed to his work, with a vocation for service, loyalty and commitment, who feels identified with the values ​​that the State professes and with those that he can also contribute..

Willingness to learn

It is essential that you always have the willingness to learn new ways of working, especially when technology is increasingly related to government management.

Notary public in Mexico

Within the context of Mexican law, the notary public could be defined as the person who by mandate of the law has the power to execute the authentication function on behalf of the State, in such a way that what he says is truly official.

Its filing confers a legal conviction to the acts in which it intervenes or to the content of documents. The public faith can be commercial, judicial, notarial and registry.

For the execution of their functions, the directors of the different registries of the country will empower public servants as those in charge of the registry public faith. The official acts as a notary public between acts and policies, which are the instruments that form a full test, in accordance with current laws.

Characteristics

- It has the duty to certify the legal capacity and identity of the parties that participate in a legal business, as well as to guide them on the legal consequences of the events in which they participate..

- Generates a public document that is supposed to be fully valid.

Instrument Archive

As part of the legal certainty that the notary public provides, is their obligation to protect their public instruments.

For this purpose, you must create a daily file of the minutes and policies in which you intercede, under progressive numbering and in order of date. In the special books that he keeps for this, he will write down an extract of them in the same order, thus providing users with the highest legal certainty.

Notary public in Spain

It is known as public faith the attribute that the State grants to a group of people based on which the facts they show are considered true and true, thus producing the privileged effects that the law grants them..

Judicial notary public

The person recognized by the State in order to exercise judicial public faith is the attorney for the administration of justice.

This public official constitutes a single Superior Legal Body, with a national character, which provides services to the administration of justice, which depends on the Ministry of Justice, exercising its functions with the profile of authority..

Lawyers for the administration of justice are subject in the exercise of their functions to the principle of independence and autonomy in the exercise of public judicial faith, in addition to the principles of impartiality and legality in all cases..

Notary public notary

The notarial public faith refers to the public documents that are granted with the filing of a notary.

The effects attributed by the legal categorization to the notarial public faith may only be distorted or denied by the courts and judges, as well as by public officials in the exercise of their capacities..

Public Registry Notary

This public faith refers to the entries developed in the public registries, as well as the certifications delivered by the commercial registrar or property registrars, in addition to those presented by the secretary in charge of the civil registry..

References

  1. Santiago Castro (2020). Notary Public in Mexico. Online Legal Encyclopedia. Taken from: mexico.leyderecho.org.
  2. Inter-American Institute of High Business Advisory (2020). Notary Public: Authenticity in the Public Sector. Taken from: seminariosescuela.com.
  3. R&C Consulting (2020). The importance of the Notary Public in Public Management. Taken from: rc-consulting.org.
  4. Wolters Kluwer (2020). Public faith. Taken from: guiasjuridicas.wolterskluwer.es.

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