Centralizing Notaries: A Risk to Legal Certainty and Federalism in Mexico

06/08/25

In recent days, news has emerged regarding a proposed reform to remove notaries from the jurisdiction of state governments and place them under the direct control of the Ministry of Economy, while also establishing a national fee schedule.

At first glance, the proposal might seem like a step forward toward transparency and meritocracy. However, the experience of public brokerage (correduría pública) in Mexico warns us that excessive centralization can lead to the institutional weakening of a key figure in the legal and economic life of the country.

The Lesson of Public Brokerage

Public brokerage was created in 1992 through the Federal Law of Public Brokerage to modernize commercial intermediation, granting these professionals public faith in acts of commerce, valuation, mediation, and arbitration.

From its inception, the figure was controlled exclusively by the Ministry of Economy: exams, registration, sanctions, and authorization of positions all depend on a single federal authority.

This centralized model brought consequences: absence of real territorial presence, lack of mandatory professional associations, no community integration, and limited social recognition. Today, in much of the country, there is not a single practicing public broker, and in the states where they do exist, their numbers are low and their activity limited.

The Value of the Current Notarial Model

The Mexican notariat, of the Latin type, is distinguished by its local roots, professional organization, and close supervision. Each state has a College of Notaries that oversees professional ethics, promotes training, and responds to the legal needs of its community.

This decentralized structure allows the notary to be not only an official certifier, but also an agent of social cohesion and legal security—close to the citizen, familiar with the local environment, and able to adapt legal solutions to regional realities.

The Risks of Replicating the Centralized Model

Stripping state governments of control over the notariat and transferring it to a federal agency would imply:

• Loss of territorial presence: Notarial appointments could be concentrated in major cities, leaving gaps in rural or politically less influential areas.

• Community detachment: By depending on a central authority, notaries would lose their connection with local realities.

• Bureaucracy and delays: Procedures and authorizations would be subject to longer administrative processes, less responsive to regional urgencies.

• Risk to federalism: The notarial function would cease to be an auxiliary service of the State at the local level and would instead become just another federal office, contrary to the spirit of Article 40 of the Constitution.

What Can Be Improved

I fully agree that competitive exams should be strengthened, transparency in appointments must be ensured, and notarial services should be made more accessible. These measures can and should be implemented at the local level, with national oversight, but without sacrificing the autonomy and regional presence of the notariat.

The hybrid model—with national rules on access and ethics, but local operation and control—is the one that best balances transparency with efficiency.

Conclusion

Public brokerage is a reminder that centralization does not guarantee institutional strength; on the contrary, it can dilute social presence and weaken the certifying function. For decades, the Mexican notariat has demonstrated that its strength lies in its closeness to the people, its collegial structure, and its social legitimacy.

Preserving these elements is not merely a guild issue but a matter of public interest: the legal certainty of citizens.

Author: Dr. Alma Lilia Luna Olivas

Notary Public No. 46 of the State of Quintana Roo

Notarial Advice to U.S. Citizens for the Acquisition of Real Estate in Restricted Zones in Mexico

18/08/25

Public Notary No. 46 of the State of Quintana Roo

At Notary Office No. 46 of the State of Quintana Roo, we have built a solid track record of professional, ethical, and strategic service to U.S. citizens interested in acquiring real estate in Mexico’s restricted zones, particularly in coastal areas such as Puerto Morelos, Cancún, Tulum, and the Riviera Maya.

The Political Constitution of the United Mexican States, in Article 27, establishes restrictions preventing foreigners from directly acquiring real estate within a strip of 50 kilometers from the coast and 100 kilometers from the border. However, Mexican legislation allows the use of the bank trust (fideicomiso) mechanism, enabling foreign individuals to enjoy all rights of use, enjoyment, and transfer of such properties under a secure and fully regulated legal structure.

As a Notary, our work goes beyond documentation. We accompany the foreign buyer from the initial stage of property exploration, providing clear guidance on the legal viability of the land, its ownership regime, environmental restrictions, as well as the selection of the most suitable trustee institution. We then oversee the drafting of the trust agreement, verify the legality of each act, and ensure that the transaction is duly registered with the Public Registry of Property.

One of our core commitments is to clearly explain every step of the process in the client’s own language. We provide certified translations, ensure efficient response times, and coordinate the involvement of all relevant parties: trustee banks, developers, real estate agents, appraisers, and cadastral experts. For those who do not reside permanently in Mexico, we also offer secure legal representation through notarized powers of attorney duly apostilled.

Our goal is to ensure that every foreign citizen acquiring property in a restricted zone does so with absolute legal certainty, transparency in costs, and full clarity regarding their rights and obligations. In a globalized context, providing certainty to foreign investors also means strengthening Mexico’s legal prestige and that of our notarial institutions.

The Notary Office No. 46 of Quintana Roo is proud to serve as a bridge of legality and trust between nations, helping to build wealth with legal security in every transaction.

Author: Dr. Alma Lilia Luna Olivas

Notary Public No. 46 of the State of Quintana Roo

Notarial Advice to U.S. Citizens for the Acquisition of Real Estate in Restricted Zones in Mexico

10/09/25

Mexico, through its Political Constitution, strategically protects its coastlines and borders under Article 27, which establishes that foreigners may not directly acquire ownership of real estate located within the so-called “restricted zone”, defined as a strip of 50 kilometers from the coast and 100 kilometers from the country’s land borders.

However, through a modern legal mechanism fully recognized under Mexican law—the bank trust (fideicomiso)—U.S. citizens and individuals of any nationality may acquire real estate in these areas with full legal certainty and total enjoyment of their rights of use, enjoyment, lease, inheritance, and sale.

The restricted-zone trust is a contract through which a Mexican bank, duly authorized as trustee, acquires the property in the name of the foreign buyer. The bank has no right of use or disposal; its function is strictly administrative. The real beneficiary of the trust—the fideicomisario—is the foreigner, who in practice exercises all the rights inherent to ownership.

At Notary Office No. 46 of the State of Quintana Roo, we accompany our foreign clients from the selection of the property through to the signing of the trust deed, overseeing every legal detail: from verifying the title of ownership to registering with the Public Registry, as well as coordinating with the trustee bank, appraisers, translators, and real estate agents.

We also provide certified translations, powers of attorney for legal representation, and advice in the client’s own language, ensuring clarity and transparency at every step. Our goal is for U.S. citizens investing in Mexico to do so with absolute security, within a framework of respect for Mexican law and protection of their assets.

The trust is not a limitation but rather a bridge of legality that allows for orderly and protected access to Mexican real estate. As a Public Notary, it is an honor for me to help build this legal trust between nations and to open the door to shared development in the most beautiful regions of the country.

Author: Dr. Alma Lilia Luna Olivas

Notary Public No. 46 of the State of Quintana Roo

Artificial Intelligence and Notarial Practice: Algorithmic Transparency vs. Professional Secrecy

Nowadays, artificial intelligence (AI) has become a support tool in multiple fields: from process automation to the management of legal information. However, its technological nature poses a fundamental difference compared to notarial practice: while AI keeps no secrets, the notary is legally bound to preserve them.

Artificial intelligence and the absence of secrecy

AI systems operate by processing large volumes of data to deliver results, predictions, or analyses.

• The information they receive is stored, shared across servers, or used to feed algorithms.

• AI does not distinguish between what is confidential and what is public, unless strict programming and human oversight exist.

• As a technological tool, it lacks the moral and legal obligation to keep secret what it processes.

In this sense, AI represents algorithmic transparency: everything that enters the system may be accessible, replicable, or auditable.

The notary and the obligation of professional secrecy

Unlike AI, the notary public is endowed with public faith and bound by professional secrecy. This implies that:

• They must safeguard what they come to know by virtue of their office.

• They cannot disclose information contained in wills, powers of attorney, contracts, or deeds.

• Secrecy is preserved even after the act has been completed or after the grantor’s death.

Professional secrecy is a cornerstone of notarial trust, without which individuals would not dare to express their will with full assurance.

Key difference: trust vs. efficiency

AI contributes efficiency, speed, and large-scale data analysis, but it does not guarantee confidentiality. The notary, on the other hand, provides legal certainty, protection, and trust thanks to their duty of silence and safeguarding the will of the parties.

Conclusion

Artificial intelligence and notarial practice are two distinct realities that can complement each other. While AI transforms the way we process information, the notary ensures that legal acts are carried out with secrecy, certainty, and legality. The great difference is that AI keeps no secrets—while the notary does.

Author: Dr. Alma Lilia Luna Olivas

Notary Public No. 46 of the State of Quintana Roo