Difference between Notary Public and Notario Publico
“Notario Publico” might be roughly translated to “Notary Public,” but the two roles are quite different. Misunderstandings between Notary and Notario have led to many immigrants becoming victims of scams and fraudulent practices. Today, we’ll clarify the differences between these two terms.
In Latin American countries, “Notarios Publicos” are highly trained legal professionals, similar to attorneys. They provide legal advice and draft legal documents on behalf of their clients.
In the United States, however, Notaries are state-commissioned officials with limited duties, mainly focused on witnessing signatures. Despite efforts by Notary Associations to educate the public, many people still fail to recognize the distinction, making them vulnerable to unethical notary practices. Unfortunately, this gap in understanding is often exploited by dishonest individuals to take advantage of immigrants. Learn more about Notary Public in Miami.
We’re here to explain every aspect of these terms so that you can clearly differentiate between a Notary vs Notario.
Basic Meaning:
In most Latin American countries, a Notario is a professional who has earned a law degree and subsequently obtained the legal authority to offer legal assistance to others.
In contrast, a Notary in the United States does not require a college or law degree, nor do they have the right to provide immigration assistance. Simply put, their legal knowledge is minimal, and their primary role is limited to verifying the identity of individuals signing documents. However, you may find highly educated Notaries who have extensive experience working alongside lawyers. They often possess knowledge of legal procedures and have completed numerous courses, making them valuable professionals.
License Qualifications:
The foremost difference between Notary and Notario lies in license acquisition. To obtain a notary license in the United States, you’ll first have to qualify to get the license. Once you know that you are eligible, fill an application, provide residency proof of the state whose commission you are seeking, and finally pay the fee. Besides, the applicants also have to pass a technical examination and be appointed as a Notary Public by the Governor of the state in which you’ll be working.
In contrast to this, Notario acquisition in Latin American countries has different criteria. To become a Notario Publico, you must be:
- Citizen
- Older than 35
- An attorney with five years of experience in law practice
Notary Public duties and responsibilities vs Notario Publico Roles
While we are discussing Notary vs. Notario, knowing the roles both play is essential. Unless you know the basic duties of the post, it’ll still be confusing to understand them.
The Notary Public has to deal with the following responsibilities according to the state he/she is appointed or commissioned.
- Administer Oaths
- Take Acknowledgements and Dispositions
- Protest Instruments and some others
- Provide Online notary services
Comparing to the above, the Notario Publico has a very different role to play. Their responsibilities include the following:
- Drafting Property Transfer deeds
- Checking legal inconsistencies in documents
- Issuing judicial opinions
- Interrupting judicial proceedings and much more
Only after learning more about the profound duties of the notary public and Notario Publico, the differences become apparent. When you understand the difference in the terminologies, you gain deeper knowledge of the extent of power they hold.
Frauds Related to Notary vs. Notario
Some individuals market themselves as Notario Publico in the parts of the United States, where a large immigrant population from Latin American countries resides. This can be problematic as immigrants are falsely led to believe that these Notary have similar power to those of Notario. As a result, many cases of notary fraud and illegal transactions are filed against the Notary. Here more about apostille certification as a notary services in Miami, also you can check mobile notary services.
Most of the states have prohibited the Notary Public to use Notario Publico term for advertisement. They are obliged to present a disclaimer that explains that Notary’s role is nothing like an attorney, and they don’t have the right to practice law and provide legal advice as well.
An In-Depth Look at Notary and Notario
The confusion of Notary vs. Notario arises due to the difference between the common law tradition and the civil law system in different countries. Many immigrants face hurdles to acquire the citizenship of the United States. The path of legal residency involves verification and burdensome documentation. And what’s even more crucial is familiarity with the US bureaucracy.
People look for legal counselors to overcome these challenges. However, the unfamiliarity of immigrants with the US Customs & Immigration Service creates a dilemma and gives an opportunity to the scammers to abuse people in the name of Notary. Notary in Hialeah
Every year, immigrants lose millions of dollars to notary fraud, unable to safeguard their hard-earned savings. The problem stems from dishonest notaries who take advantage of desperate immigrants by omitting the fact that they cannot advice to any immigration case. This deliberate omission creates significant confusion.
- Civil Law Countries:
In Civil Law Countries, Notarios are fully trained and duly licensed to practice before courts and government. They can file petitions on a person’s behalf for various government services. Notarios are public officials that hold a significant position in the legal community.
- Common-Law Countries:
The United States of America lies under the common law countries. Hence, the Notary here functions in a drastically different manner than in Civil Law countries. They are basically the commissioner of oaths that acts as a witness of signing documents. As compared to the attorneys, their role is the less formal.
Now that you understand the difference between a Notary and a Notario, you can avoid the harmful consequences of this common confusion. Fraudsters often mislead immigrants into believing that their role is equivalent to that of legal professionals in Civil Law countries. The best way to protect yourself is by educating yourself about these distinctions.
To receive competent legal advice, it’s essential to have a licensed attorney by your side. Alternatively, there are well-educated Notaries who can assist with form preparation. Immigrants with special situation pursuing the American dream should always consult a legal expert when seeking citizenship.