Notaries in the United States vs. Notaries in Other Countries

Many people assume that notaries perform the same duties around the world. While the title “notary” (“notario” in Spanish and “notaire” in French) is common in many countries, the role of a notary public in the United States is quite different from that of notaries in other nations. Understanding these distinctions is important, especially as international transactions and document authentications become more common.

The Role of the U.S. Notary Public

In the United States, notaries public are allowed to perform certain notarial acts, such as administering oaths and affirmations, taking acknowledgments, and (in few states) witnessing signatures.

A U.S. notary public’s authority is limited to verifying the identity of signers and ensuring that individuals are acting willingly and understand the consequences of signing the document. Notaries cannot provide legal advice, draft legal documents, or represent clients in legal matters unless they are also licensed attorneys.

Each state sets its own notary laws and rules for commissions, education, and permissible notarial acts. Most states appoint notaries for a set term, usually four years, and some require a notary bond. Compared to international counterparts, U.S. notaries, except in Louisiana and Puerto Rico, are considered public officials with ministerial duties, meaning their functions are largely procedural rather than advisory.

Notaries in Civil Law Countries

In many countries that follow the civil law system, such as France, Spain, Italy, Germany, Mexico, and much of Latin America, notaries (notarios or notaires) hold a much higher legal status. These notaries are trained attorneys and government-appointed officers who draft and interpret legal documents, authenticate contracts and property transfers, manage wills, estates, and corporate formations, and provide legal advice to clients.

Civil law notaries undergo extensive education and legal training, often equivalent to that of a practicing attorney. Their notarized documents carry strong evidentiary and enforceable weight.

Why the Difference Matters

For U.S. notaries, this distinction is important to understand, especially when dealing with immigrants or foreign clients. In many countries, the word “notary” or “notario” implies a professional with extensive legal authority. In the U.S., however, a notary public’s role is strictly limited to verifying identities, witnessing signatures, and completing notarial certificates.

The use of the word “notario” by U.S. notaries can lead to confusion and misinterpretation among individuals from other countries. To prevent this, most jurisdictions in the United States prohibit notaries who are not licensed attorneys from using the titles “notario” or “notario público,” or from advertising as immigration specialists or offering legal assistance.

A Shared Goal: Integrity and Trust

Despite their differences, notaries around the world share a common purpose—to uphold trust and integrity in both personal and commercial transactions. Whether a Texas notary is taking an acknowledgment for a parental consent form or a notary in Spain is notarizing a multi-million-dollar property deed, each plays a vital role in ensuring the documents are executed with honesty, transparency, and legal compliance.

Final Thought

While American notaries may have fewer powers than notaries in other countries, their role remains equally essential. Without notaries, contracts requiring notarization between individuals who have never met or who are in different locations could not be finalized, last wills and testaments for estates worth millions could not be properly recorded, and individuals would not be protected from fraudulent transactions.