How is a Notary in Mexico Different from a Notary in the U.S.?

The role of a Notary Public in Mexico is very different from what most people in the United States are familiar with.

Notary in Mexico: A Notario Público is a high-ranking legal authority appointed by the state. They must be licensed attorneys with at least five years of legal experience. To become a notary, candidates must pass a rigorous examination and be selected for what is considered a highly prestigious and limited position.

Their responsibilities include: Protocolizing real estate transactions (giving them full legal validity). Acting as the third-party authority responsible for the calculation and retention of capital gains tax in property sales. Certifying the legality of contracts, business formations, wills, and other major legal acts. In short, a Mexican notary serves as both a legal authority and a safeguard of public trust in major transactions.

Notary in the U.S.:  A U.S. notary public is typically a private individual licensed by the state to witness signatures and administer oaths. They do not need to be attorneys (though some may be). Their primary role is to verify identity and ratify signatures—ensuring that documents are signed willingly and by the correct person. They do not oversee legal validity, calculate taxes, or hold responsibility in transactions.

In Mexico, the notary is a central legal authority who ensures the legality, tax compliance, and official record of real estate and other important transactions. In the U.S., a notary’s role is far more limited—essentially acting as a witness to signatures rather than a guarantor of legal compliance.

Eduardo Garibay | Attorney At Law egaribay@loyaltyconsulting.com.mx