Defining a Notario Publico

April 11, 2017 / Uncategorized

The Hispanic occupation Notario Publico translates directly to Notary Public; however, the job description and qualifications of these two positions do not. So what are the differences between a Notary Public and Notario Publico?

Where Notary Public and Notario Publico can work

Each state in the United States has a different set of requirements that must be met before an individual can become a Notary Public. Once a person becomes a Notary Public, he or she generally can only perform a notarization within a single or surrounding states. On the other hand, a Notario Publico is typically able to work within an entire country.

What Notary Public and Notario Publico do

Notary Public and Notario Publico serve different roles, and below is listed of the basic duties of each.

Notary Public's can:
  • Administer oaths
  • Take dispositions or acknowledgements
  • Protest instruments
  • And more

The exact responsibilities of a notary will different depending on the state, and a Notary Public will work within the state where he or she was commissioned.

Notario Publicos can:
  • Draft property transfer deeds
  • Check documents for legal inconsistencies
  • Issue judicial opinions or interrupt judicial proceedings
  • And more

How to become a Notary Public or a Notario Publico

A Notario Publico must meet more stringent requirements than a Notary Public. For example, most Notary Publics must live within the state to which they apply and then complete an application. Anyone can apply, so long as he or she is over 18 years old. In contrast, some Latin American countries require the applicant to have at least five years of work as a lawyer, to be at least 35 years old, and to have been born in the country to which he or she is applying. New Notario Publico are generally only appointed once a previous one has retired.

Because of these differences, many states forbid the use of the title "Notario Publico" in advertisements, though some will allow it so long as a disclaimer addressing the discrepancy follows. We recommend you check with your state regulations before placing this misleading term in ads.