Notarial Services in Costa Rica
For most Americans, a notary is the person at the shipping store who stamps a signature for fifteen dollars. In Costa Rica the role is entirely different, and misunderstanding it is one of the most consequential gaps a foreign buyer brings to a transaction.
A Costa Rican notario público is a lawyer authorized by the State to exercise a public function. The notary gives faith, drafts and authorizes the public deed, and is the officer through whom property is transferred and registered. A transfer of real property in Costa Rica does not happen without one.
Why it matters who the notary is
Because the notary carries public faith and personal responsibility for the act, and because in practice the notary is frequently selected by the seller or the real estate agency. The buyer is entitled to be represented by counsel of their own choosing. It is worth exercising that right.
Services
Property transfer deeds, mortgages and liens, corporate formation and corporate acts, powers of attorney for use in Costa Rica and abroad, certifications, affidavits, and protocolization of foreign documents.
Signing from abroad
Most of our foreign clients are not in Costa Rica on the day of closing. The usual solution is a special power of attorney that authorizes a specific person to carry out a specific act: buy this property, at this price, under these terms. Costa Rican law is strict about the form of that document. A generic power of attorney printed from a template at home will not be accepted for a property transfer.
A power signed abroad can be granted before a Costa Rican consul or before a local notary, in which case it must be apostilled and, if it is not in Spanish, translated by an official translator before it is used here. We draft the text, tell you exactly where and how to sign it, and handle the steps that follow in Costa Rica.
Foreign documents for use in Costa Rica
Birth and marriage certificates, corporate documents, court orders and similar records issued abroad are valid in Costa Rica once apostilled in the country of origin and officially translated. The United States and Canada are both members of the Apostille Convention. We review the documents before you request the apostille, because a certificate issued in the wrong format means starting again.
Frequently asked questions
Is the notary on my side?
The notary is on nobody’s side. A Costa Rican notary has a legal duty to advise all parties impartially and to make sure the act is valid. That is precisely why a buyer benefits from having counsel of their own in addition to the notary who authorizes the deed, or from choosing the notary themselves.
How are notary fees calculated?
Notarial fees in Costa Rica are set by an official tariff, generally as a percentage of the value of the act. They are not a matter of each notary’s discretion, and we quote them in writing before the work begins.
Can you notarize a document for use in the United States or Canada?
We can authorize documents and certifications in Costa Rica and have them apostilled for use abroad. Whether the receiving institution accepts a foreign notarial act is a question for that institution, so check with it first.
What is protocolization?
It is the incorporation of a document, such as the minutes of a shareholders’ meeting or a foreign power of attorney, into the notary’s protocol so that it becomes a public instrument and can be registered.
Munduss Legal — José David Garro Castro, Attorney at Law and Notary Public. Office in Tamarindo, Guanacaste. Request a consultation.
