Notarial practice in Puerto Rico is governed by Law No. 75 of July 2, 1987, as amended, known as the Puerto Rico Notarial Law. Aspiring notaries must first complete a Juris Doctor degree, and those who began law studies from August 2021 onward must have passed specified required courses. Passing the bar admission exam alone is not enough: lawyers must also pass the notarial licensing exam and obtain authorization from the Supreme Court of Puerto Rico.
Before practicing, a notary must take an oath and maintain a notarial bond of no less than $15,000, which answers for performance of the functions and damages caused by action or omission. Unlike a lawyer who represents a client’s private interests, the notary exercises a public function delegated by the State, with public faith covering the facts the notary personally executes or verifies and the form, place, date and time of execution.
Notaries must be impartial, advise parties on legal implications, verify identities through photo ID or knowledge witnesses when the parties are unknown, and assess legal capacity before authorizing public deeds. The authority to give notarial faith is personal and cannot be delegated. Legitimizing a signature does not certify a private document’s contents, and the notary bears no responsibility for them.
Notarial functions include family and successions matters, and notaries must keep original documents in their protocols, which belong to the State. Notaries are supervised by the Supreme Court through the Office of Notary Inspection (ODIN), file monthly activity reports, and charge fees set by the legal tariff.