Quick answer: In Costa Rica, a notary public is a lawyer specialized in notarial and registry law to whom the State delegates public faith. Notaries execute public deeds and powers of attorney, authenticate signatures, issue certifications and notarial records, advise all parties impartially and, in many cases, file documents for registration with the National Registry.
Many people only visit a notary when a bank, the Registry or a government agency asks them to. Even so, knowing what a notary does, and what a notary does not do, helps you prepare better for any transaction. In Costa Rica, notarial practice is governed by the Notarial Code (Código Notarial, Law No. 7764) and supervised by the National Notary Directorate (Dirección Nacional de Notariado).
If you come from the United States or Canada (outside Quebec), keep in mind that a Costa Rican notary is not the same as a notary public in those countries. Here, the notary is a lawyer with postgraduate training in notarial law who drafts and authorizes legally binding public deeds, not only someone who witnesses signatures.
A public function exercised privately
Article 1 of the Notarial Code defines notarial practice as a "public function exercised privately." Through it, the notary advises people on the proper legal formation of their will in acts and contracts, and attests to the existence of the facts that take place before them.
In other words, the notary is a private professional to whom the State delegates public faith (fe pública): what the notary records in the documents they authorize, within the limits of the law, is presumed to be true (Article 31).
Who can be a notary?
Under Articles 2 and 3 of the Notarial Code, a notary public is a legal professional specialized in notarial and registry law. To practice, a notary must, among other requirements:
- Hold a law degree (licenciatura en Derecho) and a postgraduate degree in notarial and registry law.
- Have been a member of the Costa Rican Bar Association (Colegio de Abogados y Abogadas) for the minimum period required by law.
- Have a permanent residence and an office open to the public in Costa Rica.
- Be of good conduct and have no legal impediments.
- Be authorized (habilitado) by the National Notary Directorate.
Before hiring a notary, anyone can check with the National Notary Directorate whether the notary is authorized.
What does a notary do in practice?
Article 34 of the Notarial Code describes a notary's powers. The most common services include:
- Public deeds (escrituras públicas): sales of real estate and vehicles, mortgages, incorporation and amendment of companies, gifts, prenuptial agreements (capitulaciones matrimoniales) and powers of attorney, among others.
- Powers of attorney: general, general with full powers (generalísimo) and special, so that another person can act on behalf of the grantor.
- Authentication of signatures and fingerprints: the notary attests that a signature was placed in their presence by the identified person.
- Certifications: of documents, corporate books or parts of case files, as permitted by law.
- Notarial records (actas notariales): to record a fact, such as the condition of a property, the delivery of an asset or a notice.
- Registry searches: the notary can review and analyze National Registry (Registro Nacional) information before a transaction.
- Non-contentious judicial matters: in some matters where there is no dispute between the parties, the law allows them to be handled before a notary, such as certain probate proceedings.
- Marriages: a notary can perform civil marriages, subject to the requirements of the Family Code (Código de Familia).
The notary advises all parties
Unlike a lawyer who represents one client's interests in litigation, a notary must act impartially toward all parties signing the document. Their duty is to explain the scope of the document, warn about its legal consequences and make sure the parties understand what they are signing. If a transaction requires defending the interests of only one party, for example negotiating a contract, the role of lawyer and the role of notary are different, and it is worth keeping them separate.
After the signing
In many cases, the notary's work continues after the signing. The notary must pay, or verify payment of, the applicable taxes and stamp duties, file the document with the Registry, follow up on it and correct any defects the Registry points out. The notary also keeps the original deed in their protocol (protocolo), the official book of deeds, so that certified copies (testimonios) can be issued in the future.
How much does a notary charge?
Fees for notarial services are governed by the official fee schedule (arancel) for legal and notarial services, which sets minimum fees according to the type of act and its value. Taxes, stamp duties and registration fees are added to the fees; these are not income for the notary.
How to prepare for an appointment with a notary
- Bring your valid identity document (Costa Rican ID card (cédula), DIMEX residence card or passport).
- If you are acting on behalf of a company, bring its corporate ID number (cédula jurídica) and a current certificate of legal standing and representation (personería).
- Bring the details of the asset (property number (número de finca), survey plan (plano) or license plate) and any prior documents, such as contracts or purchase options.
- Write down your questions. Advice is part of the notary's role.
Frequently asked questions
What is the difference between a lawyer and a notary in Costa Rica?
Every notary is a lawyer, but not every lawyer is a notary. Practicing as a notary also requires a postgraduate degree in notarial and registry law and authorization from the National Notary Directorate. A lawyer can advocate for one client's interests; a notary must act impartially toward all parties.
How can I check that a notary is authorized?
You can check with the National Notary Directorate (Dirección Nacional de Notariado), the agency that authorizes and supervises notaries in Costa Rica. It is worth doing before signing, because only an authorized notary can execute documents with public faith.
Can a document signed before a Costa Rican notary be used abroad?
It can, but it usually has to be legalized for the destination country. If that country is a party to the Hague Apostille Convention, it is apostilled by the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores y Culto); if not, it goes through consular legalization.
Do I need a notary to buy a property or a vehicle?
Yes. To register the sale of real estate or the transfer of a vehicle with the National Registry, a public deed authorized by a notary is required. You can find more details in our guides on buying property in Guanacaste and vehicle transfers.
Official sources
- Notarial Code, Law No. 7764 (National Archives): www.archivonacional.go.cr
- National Notary Directorate: www.dnn.go.cr
- Costa Rican Legal Information System (SCIJ): www.pgrweb.go.cr
Disclaimer: This article is for general information only and is not legal advice. Every case requires its own analysis. Laws and fees change; check the current rules before making decisions. If you would like us to review your case, email daliabogados@gmail.com, message us on WhatsApp or call +506 6290-5407. Bilingual service in Spanish and English.