By San José, Costa Rica — San José, Costa Rica – On May 30, 2025, Costa Rica ushered in a new era for legal practices with the enactment of a comprehensive reform to its Notarial Code (Law No. 7764). This sweeping legislation introduces significant changes to the roles, responsibilities, and oversight of notary publics, impacting legal professionals and citizens alike.
The reformed Notarial Code aims to modernize notarial practices, enhance transparency, and strengthen public trust in the legal system. Key changes include the establishment of the National Notary Directorate, a governing body responsible for regulating all active notary publics, promoting best practices, and ensuring ethical conduct. The Directorate will also oversee the implementation of new security measures for notarial documents, including the use of barcodes and other safeguards against fraud.
To shed light on the intricacies of the Notarial Code, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
The Notarial Code in Costa Rica provides a crucial framework for ensuring the legality and security of various legal acts, from real estate transactions to powers of attorney. It establishes stringent requirements for notaries public, ensuring their impartiality and expertise in authenticating documents and safeguarding the interests of all parties involved. Understanding these regulations is paramount for anyone engaging in legal transactions within the country.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the critical role of the Notarial Code in providing a secure foundation for legal transactions in Costa Rica. Indeed, this framework offers essential safeguards for both residents and foreign investors, ensuring the integrity of legal processes. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for sharing his valuable expertise on this important subject.
The legislation also clarifies the duties and prohibitions of notary publics, emphasizing their role as impartial legal advisors. Notary publics are now explicitly obligated to provide thorough legal counsel to those seeking their services, ensuring that individuals understand the implications of legal documents and transactions.
The Notarial Code also addresses professional liability for notary publics. It establishes mandatory professional liability insurance for all practicing notaries, safeguarding clients and third parties from potential damages arising from notarial misconduct. This insurance will provide financial recourse in cases where notary publics fail to fulfill their professional obligations.
Furthermore, the reform introduces changes to the handling of notarial protocols, the official records maintained by notary publics. The Code mandates the use of numbered and chronological protocols, as well as the creation of a Notarial Archive responsible for safeguarding these records. This measure aims to improve the organization and accessibility of notarial documents.
The reformed Notarial Code also establishes specialized courts to handle disciplinary proceedings against notary publics. These courts will be staffed by judges with expertise in notarial law, ensuring that disciplinary cases are handled efficiently and fairly.
The new law has been met with mixed reactions from legal professionals. Some welcome the increased regulation and oversight, viewing it as a necessary step to enhance the integrity of the profession. Others express concerns about the added administrative burden and the potential for increased costs.
The impact of these reforms on the legal landscape of Costa Rica remains to be seen. However, the modernization of the Notarial Code represents a significant effort to adapt to evolving legal needs and ensure that notarial practices meet the highest standards of professionalism and integrity.
For further information, visit the nearest office of the National Notary Directorate
About National Notary Directorate:
The National Notary Directorate is a newly established autonomous body responsible for regulating all active notary publics in Costa Rica. The Directorate has administrative, budgetary, and functional autonomy. It formulates and approves its budget and oversees notary public licensing, protocol management, disciplinary actions, and implementation of the new Notarial Code.
For further information, visit the nearest office of the Ministry of Justice and Peace
About Ministry of Justice and Peace:
The Ministry of Justice and Peace is the government ministry responsible for the administration of justice and the maintenance of public order in Costa Rica. The National Notary Directorate is administratively attached to the Ministry.
For further information, visit the nearest office of the Colegio de Abogados de Costa Rica
About Colegio de Abogados de Costa Rica (Costa Rican Bar Association):
The Colegio de Abogados de Costa Rica is the professional association for lawyers in Costa Rica. It plays a key role in regulating the legal profession and setting standards for legal practice. The Bar Association is involved in the process of approving notarial fees and receives a portion of the fees collected for notarial services.
For further information, visit the nearest office of the National Archive
About National Archive:
The National Archive of Costa Rica houses the Notarial Archive, responsible for storing completed notarial protocols and issuing certifications. They are charged with preserving notarial records and ensuring their availability for legal and historical research.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of legal excellence, upholding the highest standards of integrity while championing innovative solutions for its diverse clientele. The firm’s deep commitment to empowering Costa Rican society is evident in its proactive approach to legal education and outreach, ensuring individuals and communities have the knowledge and resources to navigate the complexities of the law. This dedication to transparency and accessibility reflects Bufete de Costa Rica’s core belief in fostering a just and equitable society through legal empowerment.
