Bolivia,54 Brazil,55 Chile,56 Colombia,57 Ecuador,58 El Salvador,59 Honduras,60 Mexico,61
Panama,62 Paraguay,63 Peru64 and Dominican Republic,65 among others.66 Other countries
“ARTICLE 12. (Requirements for appointment). To be appointed a notary with attestation authority, in addition
to the conditions established in article 234 of the State Constitution, it is necessary: […]”; Cf. Law No. 483, Law
of the Plurinational Notary System, art. 12. Consulted on July 14, 2022. Available at:
http://www.silep.gob.bo/norma/13245/ley_actualizada; and “article 234. To access public functions, it is
necessary: 1. To be a Bolivian national.” Cf. Constitution of the Plurinational State of Bolivia, art. 234. Consulted
on July 14, 2022. Available at: http://www.silep.gob.bo/norma/12928/leyactualizada
54
55
“Art. 14. Designation to exercise notarial and registration functions is contingent on the following
requirements: […] II. Brazilian nationality; […].” Cf. Law No. 8,935, regulating article 236 of the Federal
Constitution, Notarial and Registration Services, art. 14. Consulted on July 14, 2022. Available at:
http://www.planalto.gov.br/ccivil_03/leis/ l8935.htm
“Art. 463. To be a rapporteur, a secretary of the Supreme Court or the Appellate Courts, or a notary requires
the same conditions as to be a district judge,” and “Art. 252. To be a judge, it is necessary: 1. To be a Chilean
national; 2. To have a law degree, and 3. To have completed satisfactorily the training program for applicants to
the first level of the Judiciary, without prejudice to the provisions of article 284 bis. […].” Articles 269 and 284
of the law should also be referred to. Cf. Law 7471, Organic Code of Courts, articles 463 and 252. Consulted on
October 26, 2022. Available at: https://www.bcn.cl/leychile/navegar?idNorma=25563
56
57
“ARTICLE 132. To be a notary, of any kind, it is necessary to be a Colombian national, a citizen, a person
of excellent reputation, and over 30 years of age.” Cf. Decree 960 of 1970, issuing the Notarial Statute, art.
132. Consulted on July 15, 2022. Available at: https://www.funcionpublica.gov.co/eva/gestornormativo/norma.
php?i=149249#:~:text=Notariado%20y%20Registro,Expide%20el%20estatuto%20del%20Notariado.,Superin
tendencia%20de%20Notariado%20y%20Registro.
“ARTICLE 299. Requirements to be a notary. To be a notary, it is necessary: to be Ecuadorian and have the
right to political participation; […].” Cf. Organic Code of the Judicial Function, art. 299. Consulted on July 15,
2022. Available at: https://app.vlex.com/#vid/631472775
58
“ARTICLE 4. Only those authorized by the Supreme Court of Justice may exercise notarial functions pursuant
to the law. To obtain this authorization, it is necessary: 1. To be Salvadoran; […].” Cf. Notary Law, art. 4.
Consulted on July 15, 2022. Available at: https://app.vlex.com/#vid/644825717
59
60
“ARTICLE 7. To be a notary, it is necessary: (i) To be Honduran by birth and with free exercise of civil rights;
[…].” Cf. Decree 353-2005, Notarial Code, art. 7. Consulted on July 15, 2022. Available at:
https://www.poderjudicial.gob.hn/transparencia/regulacion/Documents/Codigo%20del%20Notariado.pdf
61
In Mexico, the matter is regulated by the laws of the federal entities such as: “Article 11. Applicants for
designation as notary must obtain a certification granted by the state governor, who is only able to grant this to
those who comply with the following requirements: I. To be a Mexican citizen by birth, at least 28 years of age;
[…].” Cf. Decree No. 54, Notary Law of the state de Mexico, art. 11. Consulted on July 15, 2022. Available at:
https://legislacion.edomex.gob.mx/sites/legislacion.edomex.gob.mx/files/files/pdf/ley/vig/leyvig019.pdf;
“Article 54. In order to apply to take the examination for candidates for the post of notary interested part must
comply with the following requirements: I. Be Mexican by birth, and be at least 25 and no more than 60 years
of age when applying to take the examination; […].” Cf. Mexico City Notary Law, art. 54. Consulted on July 15,
2022. Available at: https://colegiodenotarios.org.mx/doctos/LEY_DEL_NOTARIADO_PARA_LA_CIUDAD_DE_
MEXICO_2021.pdf.
“ARTICLE 2120. To be a circuit, principal or substitute notary in Panama and Colón requires the same
qualifications as to be a justice of the Supreme Court of Justice. To be a circuit, principal or substitute notary in
other places of the Republic, it is necessary to be Panamanian by birth or by naturalization, with more than ten
years continuous residence in the Republic […].” Cf. Administrative Code, art. 2120. Consulted on July 15, 2022.
Available at: https://app.vlex.com/#vid/41025245.
62
“Art. 102. The conditions required to perform the functions of notary are: (a) to be Paraguayan y birth or
naturalized […].” Cf. Law No. 879, Judicial Organization Code, art. 102. Consulted on July 15, 2022. Available
at: https://www.bacn.gov.py/leyes-paraguayas/2321/ley-n-879-codigo-de-organizacion-judicial#:~:text=Art.,
IX%20 de% 20la%20Constituci%C3%B3n%20Nacional.
63
64
“Article 10. Requirements for applicants. To apply for the post of notary it is necessary: (a) To be Peruvian
by birth. […].” Cf. Decree No. 1049, Legislative Decree on the notary function, art. 10. Consulted on July 15,
2022. Available at: https://www.gob.pe/institucion/minjus/informes-publicaciones/1947983-Decree-legislativodel-notariado-n-1049.
65
“Article 22. Requirements. The following requirements are established for appointment as a notary: (1) To
be Dominican and to be in full enjoyment of civil and political rights pursuant to the Constitution and the law;
[…].” Cf. Law No. 140-15, Notarial Law establishing the Dominican Notaries Professional Association, art. 22.
Consulted on July 15, 2022. Available at: https://app.vlex.com/#vid/840941985.
Other Latin America States also establish the nationality requirement in order to exercise notary functions.
This is the case of Cuba and Venezuela. The Notaries Law of the Cuban State establishes: “Article 8. To be
appointed a notary, the following requirements must be complied with: (a) to be a Cuban citizen; […].” Cf. Law
No.
50,
State
Notaries
Law,
art.
8.
Consulted
on
July
18,
2022.
Available
at:
https://www.ciegodeavila.gob.cu/images/PDF/nuestraRegion/Otras_Direcciones/Justicia/Ley_50_De_las_Notar
%C3%ADas_Estatales_y_su_Reglamento.pdf. And the Venezuelan Registration and Notaries Law establishes:
“Article 69. […] Notaries Public must be Venezuelan, at least 18 years of age, and lawyers, with at least five
66
17