71. The requirement of rootedness is especially important if all the competences and functions exercised by notaries in Guatemala are taken into account. In this regard, the State argued that “Guatemalan notaries have attestation authority delegated by the State – based on its sovereignty – and by law, in exercise of which they certify and authenticate documents, acts, contracts and other legal affairs.” Based on the attestation authority, “the notary acts on behalf of the [State] and exercises a public function.” The Court recognizes that the American Convention does not impose a specific notarial system or a special way of exercising notarial functions and, therefore, States have broad freedom to configure their respective notarial system. Hence, the diversity of systems and requirements established by domestic law for access to this function. In the case of Guatemala, the notary is invested by the State with a public function pursuant to which he exercises delegated authority to confer authenticity on legal documents and affairs. 72. The Court also underlines that, in Guatemala, the notarial function is personal and cannot be delegated; that it is compulsory to provide the service. Notaries perform different acts related to property and the ownership of real estate, civil and commercial companies, civil associations, and non-governmental organization; the legitimacy of evidence; political parties, and the functions of an estate partitioner. The notarial protocol, documents and files are in the custody of the notary who must maintain them available for examination, inspection and control. Notaries are also auxiliaries of the administration of justice, in matters related to voluntary jurisdiction (supra paras. 59 and 60). In this regard, the Regulatory Law of Notarial Procedures in Matters of Voluntary Jurisdiction, establishes that, in Guatemala, notaries are auxiliaries of the judiciary and provide efficient collaboration with the country through their attestation authority in the processing of procedural acts; thus, the notary’s function is expanded so that he may accomplish the different acts in which there is no dispute, in order to facilitate the celebration of civil acts (supra para. 59). Based on these regulations, Guatemala argued that, since the notary is an auxiliary of the courts of justice and, owing to the attestation authority vested in him, the State decided to raise him to the rank of voluntary magistrate. Thus, it entrusted the notary with the processing of certain matters in the area of voluntary jurisdiction in order not to inundate or overload the judiciary, allowing the notary to perform activities that were previously reserved to judges, thereby ensuring that the rights of those who use notarial services are duly protected and they are guaranteed access to justice. 73. Owing to the importance of the public functions conducted by notaries, if the notarial function is exercised improperly, there is a public interest in the State being able to implement the principle of accountability by accessing the necessary documentation to conduct the corresponding proceedings and apply the appropriate sanctions. This therefore justifies subjecting the notarial function to permanent oversight. In Guatemala, this oversight is exercised by the professional association which, on behalf of the State, is responsible for the overall administration of the function, and its inspection and control. In this regard, the Court considers that the notary’s roots in the country are essential to guarantee the principle of accountability, because such roots involve an attachment between the person exercising the notarial profession and the country, and this makes it possible to hold such persons legally responsible for any errors in the exercise of their function. 74. Consequently, the Court finds that the requirement of rootedness in the country seeks to safeguard the accountability of those who exercise the notarial public function. Protection of the public interest requires having the security that a close connection exists between the notary and the State. 75. In the instant case, it has already been pointed out that Mr. Hendrix never put down any roots in Guatemala, and the case file contains no other elements that demonstrate his attachment to the territory in which he asked for authorization to exercise the notarial profession. From this perspective, it is clear that Mr. Hendrix was not in a 23