What It Takes to Become a Notary in Costa Rica (And Why They’re So Expensive)

We get many questions about notaries in Costa Rica and about why the notary process is so expensive in the country. While in the United States notarizing a signature costs less than $5, in Costa Rica law firm clients get confused when they receive notary bills for a lot more than that. So, if you’re wondering about notaries in Costa Rica, this article is for you and aims to answer your most frequent questions about the process.

First, we should understand that the notary public is the person that has been authorized by the State to proceed with legitimization and authentication of the facts with public faith. In Costa Rica, to be an attorney does not necessarily make you a notary — that is, all the notaries are attorneys, but not all the attorneys are notaries.

By “public faith” the legislation means that a notary public records acts, facts, events, situations or legal matters such as signatures, contracts, deeds, certifications, notarizations and copies, with the final purpose to guarantee its existence or its registration within the limits of the law.

Requirements to be a notary public in Costa Rica

The requirements to be a notary public in Costa Rica are the following:

1. They must have a law degree and must be incorporated into the Costa Rica Bar Association for at least two years.

2. They must have a postgraduate degree in Notary and Registry Law (specialty).

3. They must have a legal domicile in Costa Rica, except for the consular notaries.

4. They should have good behavior, and speak, understand, and write Spanish correctly.

5. They must have an office located in Costa Rica.

6. They must have no legal impediment to practice as a lawyer and notary public.

7. They must have insurance for civil liability (liability, losses and damages).

8. They should be licensed by the National Notary Directorate of Costa Rica.

Likewise, if you are a foreigner and wish to be able to practice as a notary public in Costa Rica you could. As long as you meet the requirements above, you may practice under equal conditions, if the same benefit is granted to Costa Rican notaries in your country of origin.

A notary public practices their profession privately through the legal advice to their clients. When we say “notary” it means notary public, and when we talk about a “consular notary” it means the notary who can practice abroad through an Embassy or Consulate of Costa Rica. You can check the locations of Embassies or Consulates of Costa Rica in this link.

Moreover, the current fees for attorneys and notary publics are regulated by the  Costa Rican government and these are established by decree N° 41457-JP. If a notary does not follow these laws, they are exposed to fines. This explains the difference between hiring the professional services of the notary public in Costa Rica than other countries, because fees tend to be higher here and there are sanctions for those who don’t follow the rules.

Services provided by a notary public

Regarding the services provided by the notary public, please see them below if eventually you will require any of these services:

• Purchase of assets such as a boat, airplane, car, or property

• Closing

• Mortgage

• Correction of boundaries

• Donations

• Acquisitions and merges

• Incorporation of a company

• Incorporation of a condominium

• Incorporation of foundation or association

• Change the bylaws of your corporation

• Replacement of legal books

• Contracts

• Will

• Trust

• Marriage

• Power of attorney

• Acknowledgement

• Certification

• Authentication

• Affidavit

• Notarizations

Base on the regulations and jurisdictions, if a notary public of Costa Rica issues any legal document, such as notarizations or authentications of foreign documents, and the intention is to use these documents abroad, these documents must be apostilled through the Ministry of Foreign Relations of Costa Rica to be valid.

Once the process has been completed, this document may be used abroad according to the regulations of the country. Keep in mind that if you need the documents translated into another language, these must be translated by an official translator authorized by the Ministry of Foreign Relations of Costa Rica.

In case if the client is not able to come to Costa Rica, the notary public is allowed to bring the deed or legal documents to the country where the client is located.

The client must sign in front of the notary public, thus, these documents will be valid to use in Costa Rica.

As we know, each country has different regulations and stipulations related to attorneys and notary publics. The notary publics are useful and helpful for business, real estate, immigration, estate planning, family, and other matters. If you need some of these services, feel free to reach us so we can help you out as soon as possible.