Foreign birth certificates and foreign marriage certificates are the most common, but there are others.  This article describes what the notarization and apostille procedures are and what circumstances commonly call for them.

Certification of foreign-issued documents for use in Mexico, or to submit to Mexican consulates

Before the Mexican authorities will receive certain types of foreign-issued legal documents for processing, it’s necessary to get these “Apostilled.”

In practice this means that when you need to submit foreign-issued legal documents in Mexico or at a Mexican consulate abroad, you need to go to a “competent authority” in the country where the document was issued, and get certified copies Apostilled.

Documents that most commonly need this Apostille include birth, marriage, divorce, and death certificates; institutional diplomas; and certificates of company incorporation.

Each country has its own procedures for doing this and you should search online for more information, e.g. “apostille of documents in [country] or [state]” to ensure that your documents are properly apostilled for use by the Mexican authorities.

The international Apostille Convention

The Apostille Convention, as it’s known, is an international treaty that many (but not all) countries are signatory to. The convention sets out a procedure through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory countries.

Mexico signed up to the treaty in 1995, making it simpler for people to present their foreign-issued legal documents here.  The USA, most countries in Europe, as well as Australia, New Zealand, Russia, India, South Africa, and Japan are among major countries also signed-up to the treaty.

Signatory and non-signatory countries

To find out if the country where your document(s) were issued is a signatory to the convention, check this list on Wikipedia.

If the country that issued your document(s) is not a signatory, alternative certification procedures may exist, and you should contact the Mexican consulate or Mexican government office you are treating with for advice about the alternative requirements.

Notarizing documents for Apostille

Official documents issued by governments (e.g. birth certificates, marriage certificates, death certificates) can be directly apostilled (or in Canada, authenticated) by the government of the country in which they were issued.

Any other documents, e.g. bank statements, investment statements, need to be Notarized first and then sent to be apostilled.

The difference between Apostille and Notarization

A certified copy or notarized document by itself is not apostilled.

An Apostille is a specific type of legal certification (as per the International Convention) given by a government department with the authority to certify documents issued in that country for legal purposes abroad.

You need to contact the government department responsible for apostilles in the country where the documents were issued to get documents apostilled.  Online services also exist in some countries that will do this on your behalf for a fee.

A Notarization is a seal given by a Notary Public to certify the authenticity of the document(s) they have reviewed. The seal is the equivalent of swearing verbally under Oath in a court of law that the facts contained in the document are true.

Apostille of legal documents issued in Mexico

If you have official documents. e.g. Birth Certificates and Marriage Certificates, that have been issued in Mexico and need to get them apostilled for official use outside of Mexico, you can find information about notarizing Mexican documents here.

You might also want to contact a Notary Public in the state where the documents were issued for further advice.

Apostille of Mexican marriage certificates

If you get married in Mexico and live abroad (or plan to live abroad) it’s a good idea to get your Mexican marriage certificate Apostilled in Mexico in case you need this for official use outside of Mexico; it needs to be done in the Mexican state you were married in.  The local Registrar’s office or your wedding planner will be able to advise you about how to do this.

Applying for legal residency in Mexico

If you apply for legal residency in Mexico from your home country, the Mexican consulate will not normally ask for your home country issued documents, e.g. marriage certificates, bank statements, etc., to be notarized or apostilled (in Canada, ‘authenticated’) to accept them.

However, if your key documents were not issued in your home country (e.g. you got married abroad, or you use bank/investment accounts outside your home country to qualify economically) or you are applying for Mexican legal residency from a third country instead of your home country, the Mexican consulate will ask for key documents to be apostilled.

In addition to the notarization, official documents that are not originally presented in Spanish (e.g. those issued by Spain) must also be accompanied by a copy of the document(s) officially translated into Spanish.

Documents that most commonly need to be translated into Spanish include birth, marriage, divorce, and death certificates; academic and professional diplomas; and certificates of company incorporation.

Only certified translations into Spanish are accepted

Translation of official documents into Spanish (and their accompanying notarization/apostille certificates) must be undertaken by an authorized translator in Mexico certified by the Mexican judiciary to translate official documents.

Certified translators use a special stamp that is applied to translated documents, and their name/details are checked against a central register when the documents are filed.

How to get your documents translated into Spanish

Our associate can help and will be pleased to assist when you need to get your official documentation translated into Spanish by a certified translator.

They are authorized to translate documents from English to Spanish, and German to Spanish.

Simple and streamlined process

Our associate offers a streamlined process to create a certified translation of your documents.

• The original documents as well as their notarized/apostilled certificates (where relevant) will need to be officially translated into Spanish.
• Our associate will ask you to send them a digital copy of the original document(s) you want to get translated.
• They will undertake the translation work using the digital images, print the translation, and stamp/sign the papers using their certified credentials.

Document delivery options

When the translation is completed, it will be printed, certified, and shipped—or you can arrange pick-up.  These are the delivery options:

• Our associate will arrange for the the physical documents to be sent to you by courier, at your expense. (Courier fees vary by destination and our associate will advise you about these.); or
• You can arrange for a courier of your choice to pick them up; or
• You may pick them up yourself (or arrange Uber or Didi to fetch them) from the associate’s offices in Mexico City or Cuernavaca.

Typical delivery time scales

The table below describes the typical time scales required for translation work.

1 Page = 200 words.
Time scales exclude shipping/courier times.
If you have many documents to translate, our associate will quote an estimated time scale.

Fees for Certified Translations

Fees are based on a page count, and one page is = 200 words, minimum fee is 1 page.
Part-pages are rounded up to the nearest half-page, e.g., 1.2 pages=1.5, 1.6 pages=2.
Fees exclude shipping/courier costs to send you the certified translation copies.

Urgent translations: If your need is genuinely urgent, the associate can prioritize your translation for a 50% increase to the fees quoted above, and subject to the associate’s availability.

Make a service request

Complete the request form below and our associate will contact you directly to organize a certified translation of your documents into Spanish.

What happens next?

• After you complete the form, our certified translation associate will contact you to discuss your requirements, quote you for the work, and arrange payment for the translation.
• When you’ve paid, they’ll begin the translation procedure and send you the physical documents wherever you are based in Mexico (or abroad).
• Mexperience will send you an email to confirm these details.

Get your property transaction independently examined

An independent examination of your sales contract and transactional procedures provides cross-checks as you navigate your way through a property purchase or sale in Mexico.

Linda Neil and her team at The Settlement Company® are experienced real estate professionals who can:

• Explain the procedures, legal matters, and tax rules to you in detail, independently of parties who have a vested interest in the transaction.
• Examine the details of your property purchase/sale contract to ensure that it does not contain clauses that may cause adverse effects and/or create undue risks.
• Ensure that the fees you are being asked to pay for professional services are reasonable, and that the tax calculations are aligned with current tax rules.
• Offer you a direct line for independent verification of matters which arise that you are unsure about as you make your way through the property transaction.
• Act as liaison between you, your real estate agent (if you are using one) and other professionals—for example, the Notary Public or local attorney situated in the State where the transaction is taking place.

Benefits of hiring an independent professional

Personalized service: This independent consulting service is formed around your individual needs. Furthermore, you can order practical support through the procedures to ensure professionalism and integrity in your transaction.

Overcome language issues: Property purchase/sale contracts are often written in Spanish and the seller’s deed is written in Spanish—by law. The legal terminology and clauses can be obscure or confusing. This service will help you to understand what you are committing to within the context of the sales/purchase contract. Linda and her team will explain what you are committing to in terms of Mexican law.

Oversee your investment: Hiring an independent assessor can protect your investment through an examination of the proposed transaction. This can help to ensure that agreements are realistic and are able to be fulfilled, legally.

Avoid pitfalls and hidden costs.  The costs of dealing with improper procedures or adverse contract terms after a property deal is closed can be substantial. An independent review and examination of your property deal prior to signing or payments being made can help you avoid to the costs and inconvenience of dealing with problems afterwards.

How the support service works

Linda and her team at The Settlement Company® provide an initial consultation, and can offer you a package of support services as you make your way through a property transaction in Mexico.  These services include:

• An initial consultation to talk about your situation and the proposed transaction.
• A review and examination of your sale/purchase contract and the Seller’s deed.
• Explain what you are committing to contractually, with highlights of any clauses that may be unusual or risky, as well as remarks about matters which you might want to consider renegotiating before you sign.
• An independent assessment of the professional fees, transaction fees, and property taxes you should be paying—whether you are the buyer or the seller.
• Advice and information about what structures need to be in place to ensure the property closes efficiently for tax purposes: when you are buying, ensuring that the contract and title are properly documented; when you are selling, how to claim current tax allowances on capital gains.

Service Fee: For the initial consultation and review with a written report, the fee is US$560.

The fee includes the support service as described above and will also include an estimate to supervise the entire transaction including Foreign Relations permits, appraisals, escrow fees, bank trustee fees, (if applicable) no liens and property tax certificates and full registration in the state where the property is registered—which are optional additional services you can purchase if you want or need these.  Fees are billed directly by The Settlement Company® who accept payments in the US, or in Mexico.

In the US for example, almost anyone can become a Notary Public. Not so in Mexico, where the role is given only to experienced lawyers who are assessed and appointed by the state’s Governor.

The role of the Notary Public in Mexico

The Notary Public in Mexico has the power to witness and certify important business and civil documents which require absolute authenticity.  The appointment also holds responsibility for the management and secure storage of original legal records.

A Notary Public must be a Mexican citizen of at least 35 years in age, he or she must hold a law degree, have at least three years’ work experience at a Notary Public office, and pass a stringent exam.  Those who qualify and pass, in time, are appointed as Notary Public by the office of the state Governor.

Hiring a Notary Public for property transactions

While some buyers hire lawyers to ‘oversee’ their property transactions in Mexico, only the Notary Public has the legal power to process the necessary papers and ensure that legal title is properly passed from seller to buyer. It’s feasible to avoid the fees of a lawyer altogether, unless the situation is complicated and you want to seek additional legal advice in relation to the transaction, or you feel more comfortable having a lawyer involved as well.

Whether you hire a lawyer or not, the Notary Public is the most important legal person you will deal with when you make a property investment in Mexico. Under Mexican Law, the deed to the property must be prepared and processed by a Notary Public.

As a buyer, it is your right to choose the Notary Public, and it should be your first port of call after you have agreed in principle the purchase of a property.  The Notary Public will ensure that all documentation and permits are in order so that the transaction can proceed in a matter that ensures title can be confidently transferred.  The Notary Public will also advise you of any legal problems or liabilities that might be associated with your intended purchase.

Important tip: If you are the buyer in a property transaction, it is your prerogative to choose the Notary Public and we strongly advise that you choose with care and completely independent of the seller’s influence or recommendation.

Other legal matters

You might also need to hire a Notary Public for other legal matters, including creating a Will to bequeath your estate, notarizing certain legal documents, as well as dealing with legal disputes, for example, matters related to contracts or title deeds.

How to find and hire a Notary Public in Mexico

Most buyers tend to find their Notary Public through the realty agent they used to find their property.  A good, well-established, real estate agent in Mexico will have strong working relationships with known legal professionals in their locality, and none more so than the area’s Notary Publics.

Collegiate directory of Notary Publics

In absence of recommendations from your agent, talking with local friends or family can be helpful, and you can also check the directory on the collegiate website for Notary Publics in Mexico.

Learn more about property in Mexico

We publish a range of free eBook guides about property and real estate in Mexico:

• Download our comprehensive guide to buying and selling real estate and renting property in Mexico
• Download our guide to finding and working with a realty agent in Mexico
• More: browse all our Mexico real estate-related eBooks, available for free download.

The Paper Chase® law firm is led by Alba Walker, a bilingual Attorney at Law with international experience working in Mexico and the U.S.

Alba has over 20 years of experience helping foreign residents in Mexico to deal with legal matters that are common to their needs and interests, and can assist you with matters related to Mexican law and contracts, property, estate planning, and corporate matters.

Whether you are based in Baja or elsewhere in Mexico, Alba’s law firm can provide you with its legal consulting and assistance services.

Legal matters and contract law

When you need advice about local laws and procedures, Alba’s firm can provide consultation and advice to help you navigate the Mexican legal system, including:

• Translation and interpretation of contracts and legal documents – before you sign a contract make sure that you understand what you are committing to;
• Apostille of Mexican documents – advice about getting certain Mexican legal documents apostilled for use outside of Mexico;
• Civil litigation – if you find yourself in a civil dispute, Alba can provide legal advice and options to pursue remedies through the civil courts;
• Mexican contract law – assistance with the composition of a legally-binding contract as well interpretation and advice concerning existing contracts struck under Mexican law.

Legal assistance for Mexican real estate

If you own, or plan to buy, a property in Mexico, Alba and her team can provide advice and practical legal assistance with key services related to real estate transactions here, including:

• Fideicomisos – setting up and managing a Property Land Trust;
• Property sales closings – undertaking appropriate cross checks to ensure your transaction is secure, including impartial buyer representation;
• Escrow service – provision of trusted custodianship between the transacting parties;
• HOA support – helping you to set up, manage and deal with any problems related to Homeowner Association (HOA) regimes;
• Beachfront concessions – advice and assistance when you intend to apply for rights of use of Federal beachfront property.

Estate planning in Mexico

If you have significant assets in Mexico, you ought to consider making provision for them in the event that you become unable to administer them, as well to leave proper instruction so that they are allocated according to your wishes when you die.  Alba’s team provides counsel and practical assistance with matters related to estate planning in Mexico including:

• Creating and managing trusts – advice about whether placing certain assets into a Mexican trust is worthwhile in your situation, and practical assistance in relation to the set up and management of a trust;
• Will and last testament – advice and assistance to create a Mexican will that will be legally valid and defend your Mexican assets if you become unable to make decisions, or die;
• Probate – practical assistance when you need to undertake a formal review of a will after someone’s death to determine who the legal inheritors are;
• Power of Attorney – advice and assistance to create Powers of Attorney in Mexico.

Business and corporate support

If are running a business in Mexico, intend to start a new business of your own, or plan to enter into a commercial association or partnership with a person or company in Mexico, Alba’s law firm can provide essential business and corporate advice and practical support to facilitate your endeavors and protect your interests, including:

• Mexican business formation – consultations and advice to help you determine strategies and options for becoming incorporated in Mexico, including investment law;
• Incorporation – advice and support when you intend to incorporate (open a company) in Mexico, including aperture, operational obligations, and ongoing management;
• Corporate documents – helping to you to understand and deal with common corporate documents that you will need to administer as part of your business operations;
• Business consulting – help with accounting, tax planning, intellectual property, translations, etc.;
• Matters related to Mexican business law – advice and support with litigation due to contract breach, trust litigation, business disputes, business dissolution, etc.