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Notaries Role in Mexico

In Mexico, a Public Notary is a specialized lawyer invested with theauthority to attest documents, before whom operations regarding propertiescan be validly carried out. Additionally, other acts are carried out beforea Notary, such as Wills, the incorporation of companies, the conferringof powers of attorney or company representation, etc. Notaries are advisorsto the parties in the operations authorized under their signature, and draw-upthe corresponding public deeds. These documents must be recorded in a specialbook which is authorized for such purpose, called a protocol. One of themost important formalities of notarial performance is for the Notary tosign the documents and affix his Seal. Documents issued before a NotaryPublic are public documents, valid (since no-one can object to their validity),and are documents which, in the case of certain operations, can be recordedin Public Registers such as that of Property (real estate), or Commerce(corporations), as officially certified documents. Documents issued by PublicNotaries are considered to be true and legal in any legal dispute in courts.

Javier Arce Gargollo

Notary 74 in Mexico City since october of 1985. Has a law degreefrom the Escuela Libre de Derecho and a MBA from the IPADE (Instituto Panamericanode Alta Dirección de Empresas).

Member of the National Notaries Association (Mexico), the Mexican BarAssociation (Mexico) and the International Academy of Estate and Trust Law(USA).

Regarding his academic activities, he teaches Successions Law at thePanamerican University at which previously taught the course of CommercialAgreements. Has been law teacher in several post-degree seminars such asCommercial Law Seminar at Escuela Libre de Derecho, Contracts and CorporateLaw Specialty Courses at the Iberoamerican University and in the Civil Lawand Commercial Law Specialty Curses at the Escuela Libre de Derecho.

Author of two law books ("Atypical Commercial Contracts" and"The Franchise Agreement") has published several law articlesabout diverse law topics, too.

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