Working with a Notario is not like working with your own lawyer. It requires a different approach, a different mindset, and different preparation. The goal is not to persuade or negotiate, but to provide clear information so the Notario can correctly do their job.

This guide explains that process.

Mindset

One should go into meetings with notaries with the following principles in mind:

1. The Notary is Not Your Lawyer.

This is the most critical rule. A Notario does not work for you. They work for the state and for the legal certainty of the transaction itself. They are legally bound to be impartial. They will not take your side, advocate for your interests, or help you get a "better deal." 

Their duty is to ensure the act—be it a property purchase, a will, or the creation of a company—is perfectly legal and complies with the relevant code. Their client is the law.

2. The Notary is an Impartial Referee.

Because the Notario isn't your lawyer, they are also not your adversary's lawyer. They represent both parties equally by ensuring the final agreement is valid and enforceable. In a real estate transaction, the Notario protects the seller by ensuring the transfer is properly executed and payment is secure. 

They protect the buyer by guaranteeing the title is clean and the deed is correctly registered. They are a neutral arbiter whose presence removes the need for the adversarial conflict common in other legal systems.

3. The Notary's Authority is Final.

A Notario is responsible for the legality of the documents they create for their entire professional life. Their personal assets can be at stake if they make a mistake. For this reason, their decisions are conservative and final. 

If a Notario tells you something must be done a certain way, it is not the opening of a negotiation. It is their definitive interpretation of the law. Arguing is counterproductive. Their job is to prevent future legal problems by ensuring absolute procedural correctness now.

Your lawyer & the state’s notary

Your lawyer's job is to be your advocate. They help you negotiate the terms of the deal, perform due diligence, review the documents from your perspective, and protect your specific interests. They prepare you for the meeting with the Notario. The Notario's job is to take the finished deal and make it official and binding.

A good lawyer will assemble all the necessary paperwork and present a clean, complete file to the notaría. This makes the process smoother, faster, and demonstrates professionalism.

An overview of the process

The process at a notaría is formal and methodical, and generally follows three phases:

• The Draft Instrument (Proyecto). After the initial meeting, the notaría will prepare a draft of the legal instrument (the deed, will, or corporate charter). You have a right to review this document. Check every detail: the spelling of names, official ID numbers, addresses, and monetary amounts. This is the time to correct factual errors. Farier can help do this.
• The Reading and Signing (Firma). The formal signing is a ceremony. All parties will be gathered, and the Notario (or a senior member of their staff) will read the entire document aloud. This is not just a formality; it is a legal requirement. It ensures everyone has heard and understood the terms of the act they are executing. After the reading, you will sign the official book, or protocol, of the Notario.
• The Final Document (Testimonio). After signing, the process is not yet finished. The notaría will prepare a certified copy of the instrument, called a testimonio, which includes all necessary attachments and proof of tax payments. They will then submit this testimonio to the Public Registry of Property and Commerce. Your transaction is only fully complete and effective against the world once it is registered. This final step can take weeks or even months. 

Engaging a notary

The most common mistake is to treat an initial meeting with a Notario as a brainstorming session. It is not. The Notario's office (notaría) is where you formalize a decision that has already been made.

Instead, one should come completely prepared. Before you arrive, have every piece of information ready. For example:

• For a Property Purchase: Bring the existing deeds, property tax records (predial), official IDs of all parties, and the agreed-upon price.
• For a Company Formation: Bring the official IDs of all shareholders, the proposed company name (after checking its availability), the corporate address, the share structure, and a clear description of the business purpose.

Being unprepared is the primary source of delays and added cost. You are not paying the Notario to help you figure out what you want to do. You are paying them to legally execute what you have already decided to do. Farier can help you identify what you need to bring to the Notary.

During the meeting

During your meeting, the Notario or their staff will ask a series of specific, targeted questions. These questions are designed to diagnose your situation and fit it into the correct legal framework required by the code.

Your job is to answer clearly and honestly. Resist the urge to tell a long story or to "sell" them on your version of events. They are not interested in the drama of the negotiation; they are interested in the facts required to draft a legally sound instrument. They will ask for names, dates, amounts, and addresses. Provide them. If you do not know an answer, say so. Providing incorrect information is far worse than providing none.

You will likely have your own lawyer advising you on the deal. If your lawyer suggests one course of action and the Notario insists on another, do not frame the conversation as a conflict. Do not ask, "Can we do it my lawyer's way?"

Instead, ask for the reasoning. A respectful question like, "Could you please explain why the law requires it to be structured this way?" does two things. First, it shows you respect the Notario's authority. Second, it helps you and your lawyer understand the legal constraints you are working within. Often, the Notario's reasoning is based on a specific article of the code or a recent tax regulation that makes your preferred path unworkable or illegal.

Summary

Working with a Notario is a process built on clarity, procedure, and documentation. If you arrive prepared, listen carefully, and respect the role, you will find it a remarkably secure and effective system.