23. This case revolves around Guatemala’s ban on foreigners exercising the notary profession. In this regard, the provisions of Guatemalan law establishing the requirements to exercise the notary profession and the functions of notaries are relevant, and are described hereinafter. 24. The pertinent section of the Code of the Notary Profession is as follows: Article 1. Notaries have the legal authority to certify and authorize juridical acts and contracts as ordered by law or as required by a party. Article 2. To exercise the notary profession, the following is required: 1. Be a native Guatemalan, of the age of majority, lay, and domiciled in the Republic, save for the provision set forth in subparagraph 2 of article 6 (...) 2. Hold a specialized degree in the Republic or incorporation pursuant to the law. 3. Have the specialized degree or incorporation registered before the Supreme Court of Justice, along with the signature and seal to be used, with name and surnames. 4. Be of upstanding character.2 25. As regards the functions of a notary in Guatemala, the Commission observes that, pursuant to Guatemalan law, notaries are granted authorities to authorize public documents, legalize signatures, and draft notarial acts as accessories to the judiciary in cases of “voluntary jurisdiction.” 26. The Code of the Notary Profession establishes that notaries authorize briefs or public documents of various kinds with the formalities established in that law and in national legislation.3 27. This law also establishes as follows: Article 54. Notaries may legalize signatures when signed or recognized in their presence. They may also legalize photocopies, photostats, and other copies produced with similar procedures as long as they are processed, copied, or reproduced from the original, as applicable, in the presence of the authorizing notary. Article 60. In the official documents requiring their processing by law or because a party requires it, notaries shall affix affidavits attesting to the facts witnessed and surrounding circumstances.4 28. The Civil and Mercantile Procedural Code of Guatemala establishes the following: Documents authorized by a notary or a public official or employee in the course of their duties are legally valid and fully admissible, save for the right of the parties to impugn them as null or fake. The other documents referred to in article 177 and article 178, as well as private documents duly signed by the parties are deemed authentic unless proven otherwise. A challenge of a document in an adversarial proceeding must be submitted within ten days of notification of the order admitting it as evidence. However, private documents will only have legal effect on third parties from the date on which they are recognized before a competent judge or legalized by a notary.5 29. Additionally, as regards the functions of the voluntary jurisdiction, the Civil and Mercantile Procedural Code establishes that the “voluntary jurisdiction includes all acts in which, either by law or upon the request of the parties involved, the intervention of a judge is required, with said intervention neither resulting from or intended to address any dispute between parties.” 6 The Law Regulating the Notarial Processing of Voluntary Legal Matters assigns notaries voluntary jurisdiction authorities. It stipulates as follows: Code of the Notary Profession, Decree 314 of the Congress of the Republic of Guatemala. Code of the Notary Profession, Decree 314 of the Congress of the Republic of Guatemala. 4 Code of the Notary Profession, Decree 314 of the Congress of the Republic of Guatemala. 5 Decree Law 107, Civil and Mercantile Procedural Code of Guatemala. 6 Article 401, Decree Law 107, Civil and Mercantile Procedural Code of Guatemala. 2 3 4