Differences between Argentina’s Escribano and USA Notary Public

Differences between Argentina’s Escribano and USA Notary Public

Differences between Argentina's Escribano and USA Notary Public

Differences between Argentina’s Escribano and USA Notary Public

Argentina Notary Public – Buenos Aires Notarial Services

 

 

 

Notary Public (Escribano Publico)  Buenos Aires, Argentina

To begin with, a Notary Public in Argentina (Civil Law Notary) is not to be confused with a Notary Public known in most states of the United States and Canada (the countries of origin of many of our clients). Although both positions are often referred to as “notary,” there is a distinct difference between the two.

In addition, in Civil Law Countries such as Argentina with the term Notary Public always is meant a Civil Law Notary.

On the other hand, in the USA, with the exception of the states of Louisiana and Puerto Rico, the term notary refers to a Public Notary.

Moreover, the same applies to Canada, with the exception of the provinces of Quebec and British Columbia and for many other Common Law Countries in the world.

Services 

Above all, in Argentina, the law stipulates that when called upon, the Notary Public is obligated to render service. Unless providing the requested service would constitute an immoral or illegal act though.

For instance, the services rendered by a Notary Public in Argentina concern Property Law, Family Law, and Probate Estate. Also, Wills, Trusts, Succession & Inheritance Law; Corporate Law as well. Moreover, we can also mention the following:
• Preparing and executing deeds having probative value and executory force.
• Explaining the nature and content of the deeds and contracts.
• Performing Title Searches.
• Acting as an Escrow Agent.
• Preparing Sale & Purchase Agreements.
• Preparing and executing the following documents:

First, Transfer Deeds and Mortgage Deeds.
Second, Deeds of creation of Condominium Rights.
Third, Deeds of Issuance of Rights of Long Lease, Rights of Superficies, Rights of Usufruct and establishing Easements.

Notary Public in Argentina: Other Services

• Causing certain deeds to be inscribed in the Public Registers.
• Issuance of authenticated copies of the executed notarial deeds.
• Incorporation of Legal Entities such as Limited Liability Companies, Foundations, Private Fund Foundations, and Associations.
• Filing documentation of Legal Entities with the Chamber of Commerce & Industry.
• Preparation of Share Transfer Instruments.
• Providing legal advice including rendering Legal Opinions.
• Preparing and executing deeds of Last Will and Testament.
• Partition and Division of Estates.
• Acting as a Mediator.
• Performing Basic Services as Authenticating Signatures and other Verifications.
• Taking Oaths and witnessing Affidavits.
• Witnessing the signatures and certified copies of documents.
• Powers of attorney

Differences between Argentina's Escribano and USA Notary Public

Differences between Argentina’s Escribano and USA Notary Public

Differences between Argentina’s Escribano and USA Notary Public

Unlike the countries that follow the Common Law, the conveyance of a real estate Property in Argentina requires notarization before an Argentinian notary public.
Notarization before an Argentinian notary public is also necessary in order to acquire, or dispose of, a title in Argentinian real estate.
Notarization in the meaning of the above is not only a simple authentication of signatures but comprises the full preparation of the notarial deed and advising the parties involved in the essentials of the intended transaction. The notarial services include the filings with Land Registry (Registro de la Propiedad Inmueble).

 

In general, a Notary is responsible for the validity of the transaction he notarizes. Also, he is a holder of a public office and directly supervised by the public authorities.
Similarly, a limited number of attorneys in Buenos Aires, Argentina are also admitted as notaries public. These are, therefore, prepared to render notarial services regulated by specific legislation.
The notary team, equipped with state-of-the-art technology and experienced personnel, provide counsel on real estate transactions needing notarization under Argentinian law.








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