What Is a Notary Public?

The Public Notary is a discipline that is basically about giving faith and, through this, turning a private document into a public one. It is a well-paid degree and always necessary, but one that involves great responsibility.

I don't know this degree, Is it called the same in all countries?

No, although in almost all Spanish-speaking countries it is known by this name, in Argentina, Paraguay and Uruguay the Notary is called Escribano Público. This is because formerly its main function consisted of giving faith with respect to deeds.

Can I study it directly?

There are several notarial systems. According to the Latin system, prevailing in Spanish-speaking countries, the Judicial Power requires, in order to qualify him as such, the candidate for Public Notary to have a degree in the field of Law. In some countries it can be studied as a postgraduate degree and in others the Notary degree exists, but within the scope of a Faculty of Law.

But, What does a Public Notary do?

A Public Notary is a professional in the field of Law, to whom the Judicial Power grants the power to give faith, that is, to make a legal act, such as a deed, a contract, a will, etc., take on a public character and be considered as valid by the State in which the Notary practices. As he holds the Public Faith, he can help draft the document to be validated, and he has the ability to interpret the will of the signatories of those documents.

What is the difference from a lawyer or from any Judicial Power official?

It is worth clarifying that it does not work the same way in all countries (in Spain, for example, they are public officials and, at the same time, private Law professionals). In general, a Notary exercises a public function, but is not a public official in himself. In many cases a public office cannot be held simultaneously. With respect to any lawyer, these in general must take sides for one of the parties, their client, while the Notary must maintain his neutrality.

What is the job opportunity for a Notary?

A Public Notary will always have work, since his signature and action is required in numerous moments in any person's life. Let's show some examples:

• Divorces
• Administration of marital property or of minors in one's care
• Generation of business contracts of any type
• Purchase – sale of real estate
• Administration of Wills
• Authentication of signatures
• Opening of books in any Assembly, Board meetings, etc.
• And many more examples...

But can anyone be a Public Notary?

This depends on the regulations of each country. In general you must be part of a Professional College of Notaries or Escribanos. In some countries practicing the career is open and unlimited, as long as you have the required degrees and certifications. In others there is a limitation to practice this career, either by number (number of notaries) or by territory (number allowed in each province or department). In Argentina, for example, there is a (quite restrictive) system of limitations by license. New licenses are granted, in general, only upon the retirement or death of an Escribano, and many times to obtain this new license you must be a relative of another Escribano who holds one, so the mere study of the degree does not guarantee practicing the career.

What characteristics should I have to be a Public Notary?

• Hold a degree in Law.
• Have impeccable conduct and morals.
• Ability to explain, since it must generally be done to the parties involved in the document that will be made public.
• Patience, for the same reason.
• Be willing to give up jobs and personal business for the sake of the career.

Advantages of studying Public Notary:

• It provides steady work
• Financial compensation is usually quite high
• The satisfaction of knowing that your word alone gives meaning to an act or document
• Contact with people
• The peace of mind that, unless we commit some unethical act, we will continue practicing our career

Disadvantages of studying Public Notary:

• In general it cannot be studied directly, but you must first have a degree in Law
• You do not always start practicing instantly. Sometimes you have to wait to get a license or to be authorized.
• Sometimes business opportunities must be rejected in order not to cast doubt on our impeccable personal reputation. Likewise, the career is incompatible with holding any public office.

How long does the degree last?

This depends on whether the entire Notary degree can be completed or whether a specialization must be done after studying Law. But in both cases the total years of study is between 5 or 6 years.

Where to study Public Notary?

Argentina: you must first study the Law degree. Then you can do a postgraduate degree in Escribanía or Notary Studies. The best universities that offer it are the Universidad Nacional de La Plata and the Universidad Nacional de Rosario. The duration in both cases is 1 year.

Uruguay: The undergraduate degree in Notary Studies is studied. The duration of the degree is 6 years, and in this case we recommend the Universidad de la República.

Mexico: No additional studies beyond those in Law are required, but a very rigorous competitive examination must be passed.

Spain: As in Mexico, no additional studies are needed, only being over 23 years old, having a Law degree and passing the competitive examinations, also extremely difficult.

Fun Fact: this year there was an uproar in Bolivia over the government's plan for the Minister of Justice to appoint notaries. The controversy arose because, according to its critics, the necessary independence would be taken away from notaries by subordinating them to the Executive Branch.