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notarias en cancun

Commercial Notary Public VS Notary Public ( Notaries in Cancun )

 

Commercial Notary Public

 

Notary Public

 

Functions

  • Public Fedatary
  • Expert Valuator
  • Commercial Mediator
  • Commercial Arbitrator
  • Legal Advisor
 
  • Public Fedatary
  • Legal Advisor

Area of competence:

  • State in Public Faith
  • Federal in all its other functions
  • Can act only in commercial matters
 
  • State in Public Faith
  • Can act in Commercial and Civil matters

Powers:

  • Granted by the Federal Executive through the Ministry of Economy
 
  • Granted by the State Executive by the State Governor

Societies:

  • Can act only in Mercantile (S.A., S. de R.L., etc.) and Agricultural Companies
  • Can grant powers of attorney for organic representation in Mercantile and Agricultural Companies
  • Can formalize all kinds of meetings of Mercantile and Agricultural Companies
 
  • It can act in all kinds of Mercantile or Civil and Agricultural Companies
  • It can grant powers of attorney for organic representation in commercial, civil and agricultural companies
  • Can formalize all kinds of meetings of Mercantile, Civil and Agrarian Societies

Real estate:

  • Cannot deed real estate
  • It can act in credits Refactional or Habilitation with guarantee on real estate
 
  • Can deed real estate

Civil matters:

  • Cannot act in civil matters
 
  • They can act in civil matters (wills, leasing, powers of attorney between individuals, civil societies such as S.C. or A.C.)

Restrictions:

  • They can't litigate
  • They cannot act when it comes to matters involving their close relatives
 
  • They can't litigate
  • They cannot act when it comes to matters involving their close relatives

Public faith:

  • It has public faith and its instruments are fully tested
  • Can issue certified copies
  • Can ratify Commercial Contracts
 
  • It has public faith and its instruments are fully tested
  • Can issue certified copies
  • Can ratify all kinds of Contracts

Law that regulates them:

  • Federal Law of Commercial Notary Public and its Regulations
 
  • State Notary Law

 

Correduria Publica en Cancun

What is better to use the Notaries in Cancun or a Commercial Notary Public?

In spite of the fact that the figures of the Notary's office and the Commercial Notary Public have a Fedatarian quality to authenticate and to give faith of certain acts, both figures are essentially different, both in their origin and in their evolution.

Originally, both figures were born, evolved and developed in different spheres, because while the Commercial Notary Public was born out of a daily need to ensure the efficiency of commercial transactions, the notary's office had its origin as a storyteller who took "notes" of certain events.

Later on, due to their functions of writing and conservation that remain in the actuaclity, both figures take the name of Scribes, but with certain specialties; the notary's offices as Scribes specialized in very specific local matters (as the Judicial Scribes were for example), and the predecessors of the Commercial Notary Public as Specialized Scribes in the mercantile matter of great generality (as the Scribes of the Consulate of the Sea were for example).

The difference deepens if we take into account the Notary, when he obtains his patent by the Local Government, he is only a notary in his city or municipality, while the Commercial Notary Public, when he obtains his qualification by the Federal State, is a Public Broker in all the national territory, and even with the possibility of exercising some of his functions beyond the borders.

The notary for his exercise obtains a "Patent", which according to the Dictionary of the Royal Academy of the Spanish Language, is defined in general terms as a "Privilege", while the Commercial Notary Public obtains a qualification, which in general terms according to the Dictionary itself is defined as the aptitude or capacity for a certain thing or function, and therefore accessible to any person who reliably demonstrates such aptitude or capacity.

Despite the fact that at present both figures establish as a prerequisite to be a graduate in law, and to pass two exams respectively, the notary is only a notary. Head Commercial Notary Public in addition to Public Fedatary is recognized as an Expert Appraiser, Arbitrator, Legal Advisor specializing in commercial matters and Intermediary Agent, circumstances that make it a specialist in specialties that need to demonstrate a broad general knowledge, and several specific knowledge. Notaries in Cancun .

Do you need a Mercantile Notary Public?

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