Penner & Associates - Mexico Law Firm and Business Consulting for Mexico

For professional assistance & information on legal & business matters regarding Mexico and Latin America, please contact:

ATTORNEYS AT LAW FOR MEXICO
Please contact us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
TEL. US.: (800) 856-5709
Local Phone (415) 152-3648

e-mail E-MAIL

 

BUSINESS CONSULTANTS FOR MEXICO
REAL ESTATE BROKERAGE ASSISTANCE FOR MEXICO
At our Phoenix or Mexico Offices
P.O. Box 42773
Phoenix, Arizona 85080
Tel: (623) 242-7442

e-mail E-MAIL

OUR MEXICO CITY OFFICES
Montecito no. 38 Piso 37 Oficina 37
Edificio World Trade Center
Colonia Napolis C.P. 03810
Mexico, Distrito Federal

Tel: (55)5351-0438

e-mail
E-MAIL

   

NOTARY PUBLIC IN MEXICO & ELSEWHERE

 

Choose one: Who are Notary Publics , What do they have , In Real Estate , In Corporations , In Powers of Attorney , In Wills , In Public Instruments

Naploitanic Notary Publics in the U.S.

 

Who are Notary Publics. Notary Publics in Mexico are first licensed attorneys in Mexico, then they apprentice in notaryship law and practice with another notary public for a period of time, then pass a notary public examination and thereafter are appointed by the Governor of their state to act as a Notary Public in a given geographical location (a town, a district).

What do they have. Notary Publics are invested with the "public faith" granted by government and can assert this Public Faith in reference to the existence of an event they witnessed, the existence of certain documents, the existence of official acts, the content of a contract, the signature of a party, and as well the due representation of an agent on behalf of a principal. As one can see, their authority is substantial.

The Notary Publics normally perform their duties either in the issuance of a Public Instrument ("Escritura Pública") that will contain that sought by the parties or they will affirm to the signature of a party that signs a document before them.

In Real Estate. In cases where title of ownership of real estate is transferred, the Notary Publics are charged with the preparation of the title transfer document/contract (their own document or a draft given by the intervening parties that they will review and revise as needed) which takes the form of a Public Instrument and with the acquisition and attachment (to the Public Instrument file) of documentation evidencing the seller's ownership, any power of attorney (in the event of an agent acting on behalf of a principal), the certificate of non-encumbrance and titleholding from the corresponding Public Registry of Property, an affidavit of appraisal, non-debt of water, and non-debt of land taxes. As well, the Notary Public calculates the taxation and fees that will be payable to government agencies and collect them from the intervening parties and (when the parties so request) performs the registry of the new title at the corresponding Public Registry of Property. For more on real estate see "Real Estate" elsewhere on this site.

In Corporations. In cases where companies are incorporated, the Notary Publics will be charged with the preparation of the incorporation document/contract (their own document or a draft given by the intervening parties that they will review and revise as needed) which takes the form of a Public Instrument and the acquisition and attachment (to the Public Instrument File) of the permit to incorporate and any power of attorney (in the event of an agent acting on behalf of a principal). As well, the Notary Public calculates the taxation and fees that will be payable to government agencies and collects them from the intervening parties and (when the parties so request) performs the registry of the new company at the corresponding Public Registry of Commerce (when the parties so request). The articles of incorporation, bylaws and first shareholders' meeting are normally prepared by the attorney of the participating parties, prior to going to the Notary Public in order to confirm the understanding between themselves. Once that is accomplished, these documents are then given to the Notary Public who will transcribe them into the Public Instrument (he may make some minor changes to to his individual style and custom). For more on corporations see "Corporations" elsewhere on this site.

In Powers of Attorney. Where the power of attorney is general in nature, the matter for which the power of attorney is issued is valued at $5,000.00 Pesos (New Pesos) or greater, and the authorized agent is to act in the name of the principal, then the power of attorney must be issued in a Notary Public Public Instrument. (See article 2555 of the Civil Code for the Federal District of Mexico - Mexico City. Note: There are similar articles in all of the Civil Codes of the several states of the Mexican Republic). For more on powers of attorney see "Powers of Attorney" elsewhere on this site.

In Wills. The most common manner to issue wills in Mexico is via the Notary Public Public Instrument that the Notary will prepare and execute. For more on wills see "WILLS" elsewhere on this site.

In Public Instruments. Notary Publics perform the majority of their work via the Public Instrument document. This instrument consists in it's first section of an introductory portion identifying the Notary Public intervening, the time and place of the act, the parties to participate and the type of act that will be performed. Then it's second section will contain the content of the event (e.g. incorporation, sale of real estate, will, power of attorney, or other). The third portion is the certification portion, wherein the Notary Public will certify who participated, that they were advised of the content and consequences thereof, identify the personal data of the intervening parties, identification of owners of attorney with which they acted, transcript of corporate existence documents and similar and then the Notary Public witnesses of the signatures of the participating parties and then give the certification "Doy Fe" (I Give Faith).

 

NAPOLITANIC NOTARY PUBLICS IN THE U.S.

(COMMENTS FROM AN ATTORNEY IN THE SPOUTH OF THE U.S.)

Dear Mr. Penner After conducting training in Huntsville, Alabama, several weeks ago (February 27 through March 2, 2003), under the auspices of the National Association of Civil Law Notaries (www.nacln.org), we now have 15 duly appointed civil law notaries in Alabama. Florida has about 90. We are very hopeful that legislation introduced in the Texas and Illinois legislatures this spring will pass and that both of these heavily populated states will be able to train and appoint civil law notaries in the near future, possibly as early as this fall (2003). Although I am not fluent in Spanish, fortunately my legal assistant is.

Boyd F. Campbell BOYD F. CAMPBELL, L.L.C. Attorney at Law and Civil Law Notary 505 South Perry Street P.O. Box 11032 Montgomery, Alabama 36111-0032 United States of America Tel +334-832-9090 http://www.visaus.com/

-----Original Message-----
From: Boyd F. Campbell <usvisa@worlddomain.com>
To: Vernon Penner
Date: Monday, June 25, 2001 8:08 AM
Subject: Civil-Law Notaries - Alabama

Dear Mr. Penner:
I would like you to be aware of three things:
1.  The International Law Section of the Alabama State Bar now has a home page that may be accessed by anyone.  The direct URL is: http://www.visaus.com/ils.html
Mexican companies may use information directly from the foregoing web page, or they may contact me for a personal referral to an Alabama international lawyer in my capacity as Chair of the International Law Section of the Alabama State Bar.
2.  I am the first commissioned international civil-law notary in Alabama and serve as a Director of the National Association of Civil Law Notaries (NACLN).
3.  As you know, the notarial tradition in Mexico is very old and honorable. Civil-law notaries are lawyers who hold the publica fides and are highly regarded.  I am aware that officially authenticated documents that originate in a Latin notary country of Mexico or South sometimes are not given the same force and effect as a Mexican notarial document (sometimes called an "authentic act").
NACLN is working with the International Union of Latin Notariates in Buenos Aires, Argentina, and the EC Directorate in Brussels, Belgium, to communicate with our notarial unions and organizations in an effort to stitch together this global economy.
NACLN is also presenting a model notarial law to the National Association of Secretaries of State in Little Rock, Arkansas, in July in an effort to persuade the other 48 states of the United States to adopt the law.  Currently Alabama and Florida are the only two states with civil-law notary laws and commissioned civil-law notaries.
Boyd F. Campbell
BOYD F. CAMPBELL, L.L.C.
505 South Perry Street
P.O. Box 11032
Montgomery, Alabama  36111-0032
Tel (334) 832-9090
http://www.visaus.com

Dear Mr. Penner:
Right now we (Alabama and Florida Civil Law Notary Associations) are trying to get the word out to our brethren civil law notaries ("Latin notaries") in other countries.  We know that is where the greatest interest lies. I will be conducting civil law notary training for six Alabama lawyers in Destin, Florida, on July 13 (2001), along with a number of lawyers from Florida. We are working hard to meet the needs of our foreign national clients. Thank you for publicizing the availability of civil law notaries in the United States.  We know there is a great need, and we are trying to meet it.  Your interest is most appreciated.
Boyd F. Campbell

-----Original Message-----

From: Boyd Campbell [mailto:usvisa@yahoo.com]

Sent: Wednesday, February 02, 2005 3:44 PM

To: vpenner@mexicolaw.com

Subject: U.S. Notariat

 

Dear Mr. Penner:

As you are probably aware, there have been some interesting developments in the United States with regard to civil law notaries. Most of the information

is available on our website at: http://www.nacln.org We have 17 duly appointed civil law notaries in Alabama, about 100 in Florida, two in California, one

in Texas, and one in Illinois. The future of civil law notaries in the United States depends upon how we conduct ourselves today. The Board of Directors of the

National Association of Civil Law Notaries is deeply involved in creating a notariat that will differ from Notario Publicos in Mexico.

You may download the Alabama law at www.nacln.org. Alabama's law creating the office of civil law notary and conferring appointment power on the Secretary of

State is considered the model code for the other 48 states.

Please note that I have moved. And thank you again for creating such a comprehensive website.

Boyd F. Campbell

BOYD F. CAMPBELL, L.L.C.

441 Martha Street

P.O. Box 11032

Montgomery, Alabama 36111-0032

Tel (334) 832-9090

http://www.visaus.com