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I have been dealing with notarizing documents for clients and helping them the past 15 years here in Mexico. There is a lot of information out there but it can be confusing as every person’s situation is different.
Notarization is often required to sell a property, request a birth / marriage / death certificate, get a loan or make changes on bank accounts, among other things.
While in your home country it is really a simple process, you go to a notary and they check your identification and then stamp the document and you sign their journal and pay a fee of up to $30.00 dollars. No hassles nor apostilles required.
In Mexico it is different, people and offices requesting your signature be notarized have different policies and not all notaries are equal. Here is a list as well as the pros and cons of each type of notarization so you can plan accordingly and not waste time and money only to get your document rejected.
- U.S. Consulate Notary Services (or your home country consulate).
Pros: Widely accepted by everyone, no apostille needed, no translations needed.
Cons: Wait times for appointments can be weeks away. Consulate may be far away.
Cost: $50.00 US dollars or around $1,000 pesos. Canadian consulate charges $50.00CAD per signature which must be paid by credit card so do not bring cash and bring your credit card.
Timing: Currently US Consulate notary appointments are available within 1-2 weeks. Once at the Consulate you probably will be in and out in an hour.
Pro tip: Under 22 CFR § 22.1 45 (a) and (b) there are certain documents that are free of charge to notarize, such as parental consent for US passport (DS-3053), documents for people claiming federal, state or municipal benefits, such as military benefits for veterans and their spouses and family (DFAS).
- Mexican Notaries
Pros: Usually close by and available same day or next day.
Cons: Non-English-speaking notary may make you translate documents, apostille and translation of completed document may be required, adding extra time and cost. Certification office policies change and at time they may want the original document converted into a dual column dual language document which may not be accepted by the person or office requesting the notarization.
Some states you may have to argue with to accept a Mexican notary and apostille by referring them to their own civil code which mentions that it is acceptable if it complies with the Hague Convention.
Cost: $1,500.00 – $3,000 Mexican pesos + apostille cost
Timing: Notaries available within 1-2 days. Apostilles take 2-5 business days. Translations may take 1-3 days.
Pro tip: To avoid translation issues or costs use an English-speaking notary from the start.
- United States State Notaries
Pros: May be close by, no apostille needed, no translations needed.
Cons: May not be any in your area. May not be accepted as outside their jurisdiction. Documents may be rejected after sending them internationally making you start over. Mexicans may not have sufficient identification.
Cost: $10-$50 dollars.
Timing: Notaries available within 1-2 days.
- United States Civil Notaries
Pros: May be close by, no apostille needed, no translations needed. One does come to LCS in Ajijic periodically.
Cons: May not be any in your area.
Cost: $10-$50 dollars.
Timing: Notaries available within 1-2 days.
- United States Online Notaries
Pros: Easy to access online, low cost, no apostille needed, no translations needed.
Cons: Not accepted by all states or offices. No wet signature originals (there are remote wet signature options developing. Certain valid identification documents required. Need a fast computer with web cam and stable internet connection and scanner to scan documents to upload.
Cost: $30.00 US dollars and up, per signature which must be paid by credit card.
Timing: Availability within 1-2 days, sometimes same day.
Pro tip: If trying to use for real estate documents check with BOTH the county recorder’s office and the title company for their blessing.
- Medallion Signature Guarantee
Pros: No apostille needed, no translations needed. ONLY acceptable method to transfer stocks or securities.
Cons: No face-to-face providers in Mexico. A few online services or you need to go to a bank in the US. You will need to provide certified copies or originals of court and financial documents to prove your right to receive securities or stocks through transfer or inheritance.
Cost: $150.00-$250.00 US dollars which must be paid by credit card.
Timing: Availability within 1-2 days, sometimes same day.
Pro tip: Check locations and providers here: http://www.msglookup.com/search.html
As you see there are many options and each have their pros and cons. We are happy to help you navigate through the options and help you whether it is making an appointment at a Consulate or using our computers for the online notarization or getting an apostille and doing the translations. Spencer Richard Mc Mullen is a litigating Mexican attorney and official state and federal court translator with offices in Chapala and Guadalajara. 376-765-7553 / USA 805-683-4848 Chapala, 33-1592-3801 / USA 805-563-3300 Guadalajara. www.chapalalaw.com
