The Morena parliamentary group in the Senate of the Republic presented a reform initiative that aims to guarantee universal access to notarial services and thus contribute to legal certainty in the country.
On behalf of the Morena caucus in the Senate, Senator Nora Ruvalcaba Gámez presented the initiative with a draft decree, which would reform Article 121 of the Constitution.
According to the bill, this article currently allows each entity to set notarial fees, which “generates significant disparities.”
For example, according to the proposal, the average costs for essential notarial acts, such as company formation, wills, and powers of attorney, range between 3,500 and 15,000 pesos, in addition to the “high cost” of real estate transfers.
This situation, it is explained, “limits access to notarial services for large sectors of the population, especially low-income families and entrepreneurs.” Thus, the problems identified are:
High notarial costs, which, according to the bill, exclude the most vulnerable sectors of society.
Concentration of notarial patents in small circles, which “favors nepotism and restricts competition.”
A lack of social and gender perspective, reflected in the low participation of women and the lack of inclusion criteria in the appointment of notaries.
In this scenario, the reform proposes that notarial services be regulated by state governments to guarantee free or low-cost services for essential acts, which could be:
Deeds.
Wills.
Company formation.
Powers of attorney.
Contracts.
“The reform seeks to ensure that the notarial function fulfills its historical and social purpose: to protect rights, provide legal certainty, promote equity, and guarantee access to justice for all Mexicans, eliminating economic barriers and inequalities derived from current regulations,” the bill states.
Oversight System
The Morena senator’s proposal includes the creation of a system of oversight and control of the notarial function, where the guidelines are established by the states themselves.
“This is linked to the constitutional obligation of states to guarantee efficient public services (Article 73 and Article 115 of the Constitution) and reinforces legal certainty, protecting citizens’ rights and strengthening trust in institutions,” the bill states.
It also seeks to establish mechanisms to verify that notaries are lawyers with proven capacity and a vocation for service, in order to guarantee that “their work is not solely motivated by economic interests, but rather by the fulfillment of providing legal certainty and protecting fundamental rights, especially those of those in vulnerable situations.”
If definitively approved by the Congress of the Union, states would have 180 days, from its approval, to adapt their notarial laws to the reform. “This guarantees that the transition will be carried out in an orderly manner, respecting the sovereignty of states and ensuring uniform criteria in the notarial function, in accordance with the principles of legality and legal certainty.”
In addition, Congress must issue the General Law on Notarial Function within a year to define in detail the acts that would be classified as “essential,” the mechanisms for supervising notaries, and the criteria for gender equality and combating nepotism.
Source: eleconomista
