Notary Public Underwriters Blog
What Is the Difference Between a Notary Public and a Notario Publico?
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- Published: August 7, 2023
A notary public and a notario publico are two different terms that have very distinct meanings and implications in various countries.
In the United States, a notary public is a public official who is appointed by the state's commissioning authority, such as the Secretary of State, County Clerk, or Judge of Probate, to serve as an impartial witness in the signing of important documents, administer oaths or affirmations, and take acknowledgements. Notaries public play a limited role in the legal system, and their primary function is to prevent fraud by verifying the identity of signers and attesting to the authenticity of signatures on documents.
In some Latin American countries, a notario publico or notario is a highly trained and qualified legal professional who is authorized to perform a wide range of legal tasks, such as preparing and filing legal documents, giving legal advice, and representing clients in court. The role of a notario publico is much broader than that of a notary public in the United States, and they are often considered equivalent to a lawyer.
It is important to note that the terms "notario publico" and "notario" are often mistakenly used in the United States to refer to a notary public. This misnomer can lead to confusion and result in individuals receiving inadequate legal services from unqualified individuals or, even worse, being taken advantage of by dishonest people.
Several states prohibit the use of the terms "notario publico" and "notario" in advertisements or require notaries, when advertising in another language, to specify that they are not attorneys and cannot offer legal advice nor charge fees for legal services, and provide this advertisement in both English and the foreign language in which they are advertising. Producing misleading advertisements or violating these restrictions could lead to sanctions such as the loss of your notary commission.
In summary, the terms notary public and notario publico or notario have different meanings and implications depending on the country in which they are used. As a notary in the United States, it is critical to never misrepresent yourself as a notario publico or notario and to refer to your state's laws when advertising your notarial services in a different language.
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