Notaries in Mexico: appointment, checks, advertising

What the trade does

A notary receives the parties’ wishes, puts them into legal form and gives them authenticity in a notarial instrument. In a home purchase this is normally the escritura pública (the public deed of sale); see the deed explained and the notary’s role in a purchase. Quintana Roo’s law says that notarial functions are exercised “única y exclusivamente” (solely and exclusively) by notaries in office (art. 5). Mexico City’s law describes the function as impartial, qualified and independent (art. 3).

The law: appointed by the state

Notaries are regulated state by state. We read two laws in full and found the following.

• Mexico City. The Ley del Notariado, published in the Gaceta Oficial on 11 June 2018, gives the head of government the power to issue notary patents (art. 4), after examinations (art. 62). Patents “must be registered” with the competent authority, the Registro Público (the property registry), the Archivo and the Colegio (art. 64). Notaries “cannot be removed from office” except in the cases the law lists (art. 65). We read the 2018 version; later reforms were not checked.
• Quintana Roo. The Ley del Notariado, last reformed in the state gazette on 25 March 2025, states that the notarial function originates with the State, which through the governor entrusts it to lawyers “by virtue of the patente or nombramiento granted to them” (art. 1). The law is applied by the Secretaría de Gobierno and the Dirección General de Notarías (art. 4). A notary may keep only one office, inside the territory set in the patent, and not inside a law firm or company (art. 9).

Other states have their own laws, which we did not read. Do not assume that a rule from Mexico City or Quintana Roo applies elsewhere, including the territory in which a notary may act. Mexico City’s law, for example, bars a notary from acting or opening an office outside the city (art. 35).

How you check a notary is in office

The notary laws we read say who issues and registers the patent. They do not say that the public can search a register. So:

1. Get the notary’s full name, the notaría number shown on the paperwork and the state or city that appointed him or her. In Quintana Roo the patent sets the territory where the notary may work (art. 9).
2. Ask the state government that appointed notaries, in writing, whether this person holds a current patent in that number. In Mexico City the competent office is the Consejería Jurídica y de Servicios Legales; in Quintana Roo, the Secretaría de Gobierno and its Dirección General de Notarías.
3. On the Mexico City Consejería page for notaries, a link reads “Patentes de Notario vigentes” (patents in force). On 15 October 2026 that link pointed to a spreadsheet filed under the third quarter of 2015 in the transparency section. We did not open it and do not treat it as a current list. Do not rely on it.
4. Remember that Mexico City’s law requires each patent to be registered with the Registro Público, the Archivo and the Colegio (art. 64); the authority that issued it is the first place to ask.

Do not treat membership of the Colegio de Notarios as the official proof. In Mexico City’s law, the Colegio is defined as a private civil association (“A. C.”) (art. 2, XII), although the law gives it legal functions, such as proposing the tariff update (art. 15). Whether a notary belongs to it is a different question from whether the state has appointed him or her.

If the person calls themselves a notary without a patent, both laws treat it as the offence of usurping a profession (Mexico City art. 36; Quintana Roo art. 5). The Mexico City Consejería page also describes how a person with a legal interest may file a written complaint against a notary.

Advertising rules we read

• Mexico City. Art. 35 forbids advertisements and offices that suggest carrying out notarial functions, or terms such as “asesoría, trámites, servicios, escrituras, actas”, when the person is not a notary. Art. 264, VII lists among a notary’s duties towards the Colegio to carry out the function “sin práctica ni competencia desleales” (without unfair practice or competition). We did not find an express ban on a notary’s own advertising in the text we read.
• Quintana Roo. Art. 5 punishes the person who “se ostenta o anuncia como tal” without being a notary. We found no rule limiting a notary’s own advertising in the text.
• Other states. Not read. Some state laws may restrict notaries’ advertising; ask the state.

Payotte therefore does not list, rank or recommend notaries, and this page is written for readers only.

Which professional to consult

A real estate lawyer can explain a draft deed before the signing day (see real estate lawyers). The notary acts impartially for both parties, according to Mexico City’s law (art. 3). An appraiser may be needed for the valuation (see appraisers).

Questions to ask

• What is your notary number, and which state or city appointed you?
• Which office confirms that your patent is current?
• What will the tariff-based fee be, and what are the expenses on top of it?
• Which taxes and registry fees will you collect and pay for me, and when?
• Will you give me the draft deed before the signing day?