Becoming A Civil Law Notary: Steps To Success

Civil-law notaries, also known as Latin notaries, are lawyers of noncontentious private civil law. They are highly trained and licensed practitioners who provide a full range of regulated legal services. In the US, civil law notaries are members of The Florida Bar who have practiced law for at least five years and have been appointed by the Secretary of State as a civil law notary after completing specialized training and passing a state-administered examination. In this paragraph, we will explore the steps required to become a civil law notary.

Education and training

To become a civil law notary, you must undergo a certain level of education and training. Civil-law notaries are lawyers of noncontentious private civil law who are highly trained, licensed practitioners. They are usually required to hold undergraduate degrees in civil law and graduate degrees in notarial law.

In some countries, such as France, Italy, and Germany, prospective notaries must obtain a master's degree in law and a second graduate degree in notarial law. In Italy, for example, candidates must pass a public exam consisting of a written and oral portion, and, in Germany, prospective notaries must pass a competitive notarial practice exam.

In the United States, specifically in Florida, civil law notaries must be members of the Florida Bar who have practised law for at least five years and have completed specialised notarial training and a state-administered examination.

Civil-law notaries often receive the same education as attorneys, with further specialised education. They are trained to provide a full range of regulated legal services, including drafting, executing, and recording legal instruments for private parties, providing legal advice, and giving attendance in person.

Examination

To become a civil law notary, candidates must pass a state-administered exam. The exam is the final step in a lengthy process, which includes:

• Obtaining a law degree.
• Practising law for at least five years.
• Completing a three-hour course on the duties of being a Notary Public.
• Submitting an application to the Secretary of State.
• Paying an application processing fee.

The civil law notary exam is designed to test candidates' knowledge of the duties and responsibilities of the role, as well as their understanding of relevant laws and regulations. The exam covers a range of topics, including:

• The nature and characteristics of notarial practice in civil-law jurisdictions.
• A comparison of notarial functions and practices under common law and civil law.
• The powers and responsibilities of a civil law notary.
• The rules and regulations governing the practice of law in the relevant jurisdiction.
• The ethical considerations and potential malpractice liability of civil law notaries.

Candidates must achieve a passing score of 70% on the exam to be appointed as a civil law notary. This rigorous examination process ensures that only qualified and competent individuals are authorised to perform the duties of a civil law notary.

Appointment

To become a civil law notary in Florida, you must be appointed by the Florida Secretary of State as a Civil Law Notary. To be considered for appointment, you must submit an application on Form Number DS-DOC-38, titled "Application for Appointment as a Florida Civil-law Notary", to the Office of the Secretary, Tallahassee, Florida 32399-0250. The application must be accompanied by a certificate of good standing from the Supreme Court of Florida, showing that you are currently a member of the Florida Bar and have been for at least five years, as well as an application processing fee of $50.

Once your application is reviewed and accepted, the Department of State will provide you with a certificate of eligibility to take the Florida Civil-Law Notary examination. After completing the examination, the Department of State will notify you of your test score, and if you have achieved a satisfactory score of 70% or more, you will be appointed as a Florida Civil-Law Notary.

Upon accepting the appointment, you must file Form Number DS-DOC-42, titled "Appointment of Protocol Custodian and Seal Filing", within 90 days. This form requires you to identify a Florida Civil-Law Notary in good standing who has agreed to take custody of your protocol in the event that your appointment is suspended, revoked, or if you become incapacitated or pass away.

It is important to note that your appointment as a Florida Civil-Law Notary will remain in force as long as you maintain your membership in good standing with the Florida Bar and fulfill the requirement of filing an annual report with the Florida Department of State, along with a processing fee of $50. Failure to file the annual report will result in the revocation of your appointment.

Powers and responsibilities

Civil-law notaries are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice, and give attendance in person. They are vested as public officers with the authentication power of the State.

Civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services. They hold a public office but operate usually in private practice and are paid on a fee-for-service basis. They are required to have a broad spectrum of private law expertise, including family law, estate and testamentary law, conveyancing and property law, the law of agency, and contract and company law.

Civil-law notaries are limited to areas of private law, that is, domestic law that regulates the relationships between individuals and in which the State is not directly concerned. The most common areas of practice include residential and commercial conveyancing and registration, contract drafting, company formation, successions and estate planning, and powers of attorney. Ordinarily, they have no authority to appear in court on their client's behalf; their role is limited to drafting, authenticating, and registering certain types of transactional or legal instruments.

Civil-law notaries have the power to authenticate legal documents involving transactions between parties of different countries. They can verify the authority of individuals to act on behalf of companies, actions, occurrences, and transactions internationally. In addition to notarizing signatures, they are able to certify the entire legal document. They are responsible for the entire content of the document and can provide legal advice.

Civil-law notaries can supervise the execution of a power of attorney, facilitate the transfer of probate from a foreign country, offer expert testimony concerning the legality of documents from civil-law countries, prepare documents for residents and business owners for use in civil-law countries, certify the existence and authenticity of private records, and perform wedding ceremonies.

Code of conduct

To become a civil law notary, one must adhere to a strict code of conduct. Civil-law notaries are lawyers of noncontentious private civil law who provide a full range of regulated legal services. They are highly trained, licensed practitioners, often with the same education as attorneys.

Impartiality:

Civil-law notaries must act impartially and advise all parties to a contract or transaction. They are duty-bound to maintain client confidentiality.

Education:

Notaries generally hold undergraduate degrees in civil law and graduate degrees in notarial law. They must complete a long apprenticeship and further specialised education.

Independence:

Civil-law notaries are independent practitioners, operating in private practice. They are not government employees and are appointed for life to safeguard their independence.

Authenticity:

Notarial instruments must be signed by all parties, sometimes in the presence of witnesses, and then by the notary, who officiates the signing ceremony. The notary's signature and seal authenticate the document.

Record-Keeping:

Notaries must maintain a secure, fireproof location for their protocols, or archives, containing original copies of all authentic acts and related documents.

Professionalism:

Civil-law notaries must stay up-to-date on relevant cases and legislation. They may call on other legal practitioners for assistance but cannot represent clients in court.

Fees:

Civil-law notaries are paid on a fee-for-service basis, with fees regulated by law.

Disciplinary Action:

Notaries are subject to disciplinary action, including suspension and revocation of their appointment, for misconduct or violation of the code of conduct.

Adherence to this code of conduct ensures that civil-law notaries uphold the highest standards of professionalism, integrity, and competence in their field.

Frequently asked questions