How do you know if a Notary Public is Legal? This information is of great importance when any diligence is going to be carried out or is being carried out in a notary public to certify the respective documentation. That is why we invite you to know everything related to the subject.
Here you will find what are the functions of a Notary Public, the requirements to be a Notary Public, Laws that base the functions of Notaries. Also, what should be known before signing a deed and much more information.
How to know if a Notary Public is Legal in Argentina?
To know if a Notary Public is legal, it is enough to review the legal basis of this profession that belongs to the public sector. As is already known, in every country there are laws that must be complied with by the citizens that make up society.
According to Notarial Organic Law in its Article 404, points out the rights and duties of citizens who exercise this profession:
- In order to exercise their functions, the Notaries must be members of the College of Notaries belonging to the province where he lives, or in the College where he can carry out this diligence.
- All Notaries can work in any notary, the province where he made his collegiate is not relevant. That is, its origin can be from any province, and even so it can perform as long as it complies with the other requirements.
- They have the right to make inquiries or request reports about the activities carried out by his position. You can request it at the College where you are enrolled.
- The College of Notaries has the faculty of set schedules, appointments and titles to the Notaries. In other words, it stipulates the terms for this professional to exercise their functions as partner, president, dean or advisor, according to the mandates of the Law.
To know the Law 404 in detail you can enter this link. You can also review Law 9020, which refers to Notaries and Notaries.
How to Know if a Notary Public is Legal: Functions
There are people interested in the profession of Notary Public, for this reason, the functions they perform are described below, and in this way they have an idea of the activities that they could carry out in the future:
- Authenticate contracts and legal actions who are involved in the agreement.
- Listen carefully to the individuals who want to make a pact and then prepare a document, clarifying the purpose of those involved.
- Stay neutral at the time a case is raised, it can never be on the side of one of those involved. Rather, it must adhere to the provisions of the Law.
- Offer guidance on relevant issues, such as: The purchase or sale of land, draw up a will, create a company or authorize descendants to travel outside of Argentine territory.
The function of the Notaries themselves is that of a neutral attorney. This is in charge of preparing legal documentation, about the agreements agreed with one or more people. Notaries work mainly in notaries, it is there where the documentation specified by the Law is validated.
How to Know if a Notary Public is Legal: Requirements
The functions of the Notaries are already taken into account, and their legal basis, however, it is convenient to know what a citizen requires to perform this position. In such a way that, we will proceed to mention the requirements required to be a Notary Public:
- Being Argentine by birth, or have at least six (6) years naturalized.
- Having studied law, being a lawyer, having graduated from a university. Likewise, citizens who have titles related to being Notaries can perform the position.
- Be registered in the College of Notaries, or in any case in the College pertinent to their profession.
- Be of legal age.
- Have at least two (2) years performing notarial functions.
What are the people who cannot be Write to us?
It is important to note that there are some restrictions to being a Notary Public. this with the aim, that people who present these characteristics, know that they should not prepare to exercise this position. The aspects that make it impossible to carry out this position are listed below:
Individuals with some type of disability, which limits the performance of her functions, especially if she is deaf, blind or mute. Present a criminal record, and even worse if the person at some point was sentenced to jail.
When the person lost his license in any province of Argentina. By losing it, he can never again function as a Notary Public. These are the restrictions that exist in this regard, the person who identifies with one of these elements has already lost the right to be a Notary Public.
To be a Notary Public, is there an age limit?
If it exists as in other professions, the Notaries can fulfill their functions from the time they are of legal age, and until they reach fifty (50) years. Therefore, it is suggested that if you want to be a Write to us, you prepare yourself proto so that you can enjoy your career and be a successful professional.
It can be said that, it is essential that there is a Scribe everywhere. This is because, a professional person in the area is always required to certify the pertinent documentation and have legal validity.
Laws on Notaries in Argentina
The Articles described below are contemplated in the Notarial Organic Law, and where everything related to Notaries and Notaries is based:
Article N ° 1: This Law is in charge of regulate the functions of notaries and also those of the Notaries. In a supplementary way, the rules will be used through this Law in the necessary area. Likewise, the regulations set forth in it.
Article N ° 2: The group of Notaries who carry out their tasks in the province mentioned in Article No. 1, will carry out their tasks through the College of Notaries. Said organism is in the city of Buenos Aires, and was founded in April 1866.
On the other hand, Law 12990 has entrusted the Association of Notaries with the management and inspection of the union. Additionally, it has granted the duties and rights of legal persons.
Article N ° 3: The Guild of Notaries, has to be made up of those citizens who are registered. In addition, those who are incorporated as retirees. A notary public is that person who fulfills notarial duties, by appointment as such.
Only registered Notaries with Registry Notaries. Only those who have the title of a notarial registry have the right to register as a Notary Public.
Other Articles of interest of the Notarial Organic Law
Article N ° 4: The authorities of the College may authorize as partners Notaries who are not registered or who may be registered in other Colleges. Too, an amount must be defined which they must cancel, and stipulate the conditions for their entry.
If the bad behavior of an enrolled Notary Public is evidenced, he may be removed from office. This action is subject to the judgment of the Board of Directors.
Article N ° 5: The Notaries who belong to the union, in accordance with what is detailed in the preceding Article, should receive notifications and posts. Likewise, they can request information, or consult data on the performance of notarial tasks or that have to do with the profession.
All the above is subject to the restrictions that the school has with respect to its rules. All those people who have obeyed their functions as Registry Clerk, have the opportunity to retire and at the same time keep their political rights active.
Article N ° 6: The College has the faculty of grant honorary degrees and recognitions, within the positions such as: President, advisor, partner or dean, in accordance with the notarial regulations. In the following way, you can know if a Notary Public has legality:
- It is required that he be registered by the College of Notaries, in the respective province where he resides.
- Functions like Scribe, can be done in different notaries with respect to the tuition fee. This while the other requirements are collected.
- The College of Notaries directs the provisions, where the notaries can accept the position as dean, partner, president or counselor.
- It can request information at the College of Notaries.
How to Know if a Notary Public is Legal: What to Know Before Signing a Deed?
For a notarized documentation to be valid, it must be signed by a notary, and it is also suggested that the deed reflect the following information:
- The requirements that the writing deserves must be present.
- The documentation must have a good wording, clearly indicating the objective of this.
- Have paid the respective taxes.
- If it is an agreement, those involved must agree as stated in the document.
- It should be noted that there are different scriptures. These have their own requirements to be valid. Additionally, it should be noted that the deed must obey the provisions of the Law, according to its objective.
It is suggested to seek the advice of a lawyer, prior to notarizing a document. This in order that the interests of the parties are protected in accordance with the Law.
What is a Notary Public?
He is a person who has studied Law, and exercises public functions. Normally works in notaries, and certifies the actions that are carried out in these. Also, it accredits agreements and essential legal documentation.
The conduct of the Notary Public must be totally neutral, in all the tasks that are carried out within the notary, and everything can be done correctly. There is no distinction between the Scribes of before with those of now, since both deal or dealt with the handling of documentation.
Centuries ago the Scribes took care of writing everything that the masters assigned to them. They expressed through words everything that other people found out. They wrote important documents or letters. They wrote everything that was wanted to be reflected on paper.
Currently, the concept of Escribano has not been modified. This is because they both serve as witnesses to important actions. Also to inspect, that everything that is in the scriptures is correct. However, the Scribes of before what they did was only write.
We hope we have helped you How to Know if a Notary Public is Legal. This information provides security when doing any notarial procedure, and thus have the certainty of the legality of the certified documentation.
In addition, if you are a professional in Law, everything explained in this article helps you to choose this position, since you would meet one of the requirements.
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