Notary Code of Ethics
Notary Code of Ethics
The Asociación Nacional del Notariado Mexicano, A.C., presents the Notary Code of Ethics, adopted in accordance with the provisions of the Association’s bylaws, by the Board thereof, consisting of the current President and all former presidents.
A code of conduct is the set of moral, ethical and legal duties that must be exercised by a certain profession; it is a framework of conduct based on ethics, morality, law and the opinions expressed by society as a whole on this matter.
The Association is comprised of notary publics who, prior to becoming notaries, served as high-ranking officials, civil servants, litigators, businessmen, lawyers from different States of the Republic or notary employees. Due to the variety of their origins and previous professions, notaries hold different opinions concerning the ethical, moral, and legal obligations, as well as the performance and conduct of the notarial duty. Therefore, we need a code of conduct that provides an objective guidelines for acting before the client, our colleagues, the college and the State.
Code of Ethics of the “Asociación Nacional del Notariado Mexicano, A.C., Notary College”
The notary’s job is to listen, interpret, and advise the parties; to draft, draw up, certify, authorize, keep and reproduce the instrument.
In all these stages of activity, she/he must ensure its veracity, impartiality, conciliatory spirit, discretion as to secrets revealed, fairness in charging fees, legal and technical preparation, personal performance and compliance with all other legal and ethical standards.
Duties Towards the Client
1) Notary shall provide legal certainty and security with veracity and fidelity upon setting forth in his/her notarial record what she/he saw and heard.
2) The Notary is an impartial professional before the State and private individuals. Notary shall refrain from acting in situations involving family relationships or personal interest. To act freely, Notary must not be a private or public employee.
3) The Notary’s work is in principle incompatible with that of the litigator since a litigator seeks the Benefit of one of the parties in the litigation, while the Notary always seeks balance and fairness for both parties, regardless of who had covered his fees.
Notwithstanding the foregoing, this principle does not affect the current legal provisions for some States in the Republic, which allow Notaries to litigate.
4) The notary shall protect the received confidential information and secrets of well as those stated in his notarial records.
5) The Notary fees shall be subject to the fee list. Likewise, she/he shall also demand that the latter be adjusted to fit in with reality.
6) The Notary Public is a legal practitioner. To be able to perform his duties and adequately and efficiently, she/he must update his/her theoretical legal knowledge and skills in drafting documents.
7) The work of the Notary must be both personal and professional and as a notary public, his/her duties must not be substituted by technology or delegated to any party whatsoever.
Duties Towards his/her Colleagues
8) Performing an act by the Notary, within his/her territorial jurisdiction, gives effect to the juristic acts. The attitude of the Notary Public who sets up offices and authorizes documents outside his/her jurisdiction is not only criminal, but also scornful and fraudulent since far from providing legal certainty, it produces nullity or nonexistence of the executed acts under such conditions.
9) The attitude of the Notary towards his/her colleagues must be that of respect, technical cooperation and professionalism and must never be of destructive criticism.
10) It shall be deemed an act of unfair competition if the Notary does any of the fllowing to attract more clients: (i) charge less than the tariff list (ii) pay a commission on his/her fees (iii) promote or advertise his/her services.
11) When a lawyer starts his Notary practice, it is the duty of the Notary to ensure and foster his/her intellectual and ethical growth. On the other hand, if the candidate does not possess the technical, scientific and moral qualities of this activity, she/he must inform the college.
Duties Towards the Association
Notary colleges and organizations have always been efficient means to preserve and foster notary values. A strong college makes a strong profession.
Notary obligations are as follows:
12) To attend meetings and vote thereat, contributing his/her opinion and point of view.
13) To attend and participate in cultural, scientific and social conferences and events.
14) To take an active part in working committees.
15) To timely pay his/her fees.
Duties Towards the State
16) Although it will negatively affect his/her fees, the Notary has the duty to contribute towards solving social housing problems and regularization of land tenure.
17) To timely receive and pay taxes and fees retained by him/her.
18) To submit the reports requested by the administrative and judicial authorities.