Notary Code

DECREENUMBER314
ThecongressothfeRepublicoG
f uatemala.

CONSIDERING:

The reform of the current Notary Law is necessary, as it contains

provisionsthathinderfreeandprompthiring:

CONSIDERING:

Itisimperativetomodernizetheprovisionsofthereferredlawandunifythemintoasinglebody.
clearandconsistentallprovisionsconcerningnotarialactivity.

THEREFORE,

DECREES:
Thefollowing:
NOTARYCODE
TITLEI
vseir het otNeot

[Link].
inwhichitintervenesbylaworattherequestofaparty.
[Link],thefollowingisrequired:
1. To be a natural Guatemalan, of legal age, in a civil state, and residing in the
Republic,exceptasprovidedinparagraph2ofArticle6.
2. Having obtained the professional degree in the Republic or incorporation according to the
law.
3. To have registered in the Supreme Court of Justice the facultative title or of
incorporation,andthesignatureandsealthatwillbeusedwiththeusualfirstandlastnames.
4. To be of notable honesty.
[Link]:
1. Those who are civilly incapacitated.
2. Drug addicts and habitual drunks.
3. The blind, deaf, or mute and those who suffer from any other physical or mental defect
thatpreventsthemfromproperlyperformingtheirduties.
4. Those who have been convicted of any of the following offenses: forgery, theft,
theft, fraud, bankruptcy or fraudulent insolvency, bribery and breach of trust in custody of
documents,andincasesofmalfeasanceandembezzlementasindicatedinarticles240,
241,242,243,244and288ofthePenalCode.
[Link]:
Those who have a prison sentence motivated by any of the crimes referred to
paragraph4ofthepreviousarticle.
2. Those who hold public office that carries jurisdiction.
3. The officials and employees of the Executive and Judicial Bodies and of the
municipalities that receive salaries from the State or the municipality and the President of
CongressoftheRepublic.
4. Those who have not fulfilled during a quarter of the calendar year, or more, with the
obligations imposed byArticle 37 of this Code. The Notaries who are present
inthiscasetheymayissuethespecialdelayedtestimonieswiththerequirementsthat
thisCodeestablishes,inordertoremedysuchimpediment.1

1
Added by Decree-Law number 35-84
Código de Notariado
[Link],notwithstandingwhatisprovidedinparagraphs2and3ofthe
previous article:
1) The members of the management and teaching staff of the University of San Carlos and the
stateeducationalestablishments.
2)“Los abogados consultores, consejeros o asesores. Los miembros o secretarios de las
technical commissions, advisory or editorial advisors of the official publications,
when the position they serve is not full time.2
3) The members of the Jurisdictional Conflict Tribunal.
4) The members of municipal corporations who hold their positions ad
honor, except for the mayor.
(Suppressed by Decree-Law No. 172).
6) The members of the conciliatory boards of the arbitration courts and of the
bargaining commissions established by the Labor Code, and the members of the Boards
ElectoralandPrintingJury.
[Link]:
1. The First Instance judges, in the capitals of their jurisdiction where there is no
skilled notary, or, who while doing so is unable or refuses to provide their
In such cases, they will state the reason for their action in the deed itself.
notarial. The violation of this provision or the inaccuracy of the reason for its action as
notary does not annul the document, but does compel the Judge to pay a fine equivalent
at twice the fees that corresponded to him according to the tariff. The fine will be
imposed by the Supreme Court of Justice and will enter the Treasury of funds
Judicial
2. The consuls or the diplomatic agents of the Republic, accredited and residing in the
exterior,thattheyarecompetentnotariesaccordingtothislaw.
3. The employees who are established precisely for the exercise of functions
notarial, which they will not be able to exercise in a private capacity.
[Link]
documents in which such institutions appear or have a direct interest, except for those
meeting minutes of draw and auction.

TITLEII
Protocol

[Link],oftheminutesof
protocolization, reasons for the legalization of signatures and documents that the notary records of
compliance with this law.
[Link],minutesofprotocolization,andreasonsforlegalizationof
signatures will be extended on special stamped paper for protocols.
The tax offices will sell exclusively to practicing notaries the paper for
protocol, in batches of at least twenty-five sheets, keeping them in order
correlative. Such offices will record the sale in a register book, in which
they will consign the series and the numbers of the paper, and the name and signatures and seal of the notary that
receivesthedocumentforhimself,oronbehalfofanothernotary.
[Link],diplomaticandconsularagents,
and the testimonies and respective indexes will be extended on linen paper or similar, without
damagefromthecorrespondingfiscaltax.
Article 11. (Amended by article 11 of Decree 131-96 of the Congress of the
Republic). The Notaries will pay fifty in the Treasury of the Judicial Body.
quetzals (Q.50.00), each year, for the right to open the protocol. The funds that
Fundscollectedforthisconceptwillbeallocatedtothebindingofthespecialtestimonies.
sentbytheNotariestotheGeneralArchiveandforthepreservationoftheprotocols.
Artí[Link],elque
It will begin in the first line of the initial document. It will close each year on December 31, or earlier if the
notary I will stop notarizing. The reason for closure will contain the date; the number of documents

2
Reformed by Decree-Law number 172
Notary Code
authorizedpublics;reasonsforlegalizationofsignaturesandnotarizedminutes;numberof
foliosthatmakeup;andthesignatureofthenotary.
[Link]:
1. The public instruments will be drafted in Spanish and will be typed or written by hand.
hand, in a readable way and without abbreviations.
2. The instruments will have cardinal numbering, and will be written one after another.
another, in strict chronological order and leaving instrument by instrument, only the
spaceneededforsignatures.
3. The protocol will have cardinal pagination, written in numbers.
4. In the body of the instrument, the dates, numbers, or quantities will be expressed with
leters. In case of discrepancy between what is writen in leters and figures, it wil be based on the
expressedinletters.
5. The documents that must be inserted or the relevant parts that are transcribed, are
theywilcopyitverbatim.
6. The fiscal numbering on the stamped paper may only be interrupted for the
intercalation of documents to be notarized; or in the event that there is a notary.
finishedtheseries.
7. The blank spaces that allow for intercalations will be filled with a line before
thattheinstrumentbesigned.
[Link],cross-outs,andstrike-throughsshallbenullandvoidunlesstheyarevalidated.
end of the document and before the signatures. Alterations of words are prohibited.
Artículo 15. El índice del protocolo se extenderá en papel sellado del mismo valor del
employeeinit,andwillcontaininseparatecolumns:
The order number of the instrument.
The place and date of its issuance.
3. The names of the grantors.
4. The object of the instrument.
5. The folio in which it begins.
Theindexmayusenumbersandabbreviations.
[Link]
make the relevant observations.
[Link].
regardingtheinstrumentsIauthorized,iftheyhavenotbeenrecorded,andtheconfirmation
ofthepaymentreferredtoinArticle11ofthislaw.
[Link]
atitsclosure.
[Link].
[Link],exceptincases
foreseen by that law.
[Link],onlytheInspectorof...
Protocols are authorized to completely review the notarial record.
[Link]
interest,inthepresenceofthenotary,exceptforwillsanddonationsforcauseof
death,whilethegrantorsarealive,asonlytheyholdthatright.
Ifthenotaryrefusestopresentthedeed,theJudgeofFirstInstanceofhisjurisdiction,
previous hearing for twenty-four hours, which the notary will issue the resolution that
correspond.
[Link],heirsorrelatives,oranyotherpersonwhohadin
his power the protocol of a deceased notary, will deposit it within thirty days
following the death, in the General Archive of Protocols: if it is found in the
capital, or within the same term in the First Instance Court or municipal mayor, if
Iwasinadepartmentalormunicipalcapital,[Link]
The First Instance Judge or the municipal Mayor will refer it within eight days.
followingyourdeposittothereferredfile.
[Link],whenregisteringthedeathcertificateofanotary,ifthis
courier in the capital will immediately notify the Director of the General Archive of
Protocols, and if it occurs in a department, to the First Instance jurisdictional Judge,
effectthattheycan,asthecasemaybe,demandcompliancewiththepreviousarticle.
Notary Code
[Link]
deceased notary, the Judge of the first instance jurisdiction at the request of the decree
FromtheGeneralArchive,orbyoffice,willmakeuseoflegalcoercionuntilobtainingthedelivery.
[Link]
submityourprotocoltotheGeneralArchiveinthecapitalandtotheFirstInstanceJudgeinthe
departments, who will send it within the eight days following the referred file.
ThenotarymayalsodelivertheirprotocoltotheGeneralArchiveiftheysowish.
[Link]
withinayear,youmustsubmityourProtocoltotheGeneralArchiveofProtocolsinthecapitaland,in
thedepartments,totheFirstInstanceJudge,[Link]
If the absence of the Notary is for a shorter period, it wil be deposited with another competent Notary.
asignedandsealednoticeshouldbegivenbybothNotariestotheDirectoroftheGeneralArchive
of protocols in the capital, or to a First Instance Judge of the Notary's domicile,
when it is not available in the Department of Guatemala, who should forward it to the Archive
General of Protocols, within the term of eight days. The notice will indicate the name and
addressoftheNotarywheretheProtocolwillbedeposited.
The depositary notary may issue testimonies and provide them to those who request it.
reportsthatmayberequiredregardingthedepositedprotocol.
The copy of the notice duly stamped by the GeneralArchive of Protocols, or the Judge of
TheFirstInstanceinyourcasewillbesufficientdocumentationtoallowtheNotarytoproceed.
country.
The General Directorate of Migration will have a roster of practicing Notaries that will
will provide and keep the Director of the General Archive of Protocols updated for the
corresponding control. 3

[Link]
depositary notary, upon the termination of the deposit cause.

TITLEIII
IPnubInlicstruments

Article 29 The public instruments will contain:

The order number, place, day, month, and year of granting.
2. The names, surnames, age, marital status, nationality, profession, occupation or trade and
addressofthegrantors.
3. The knowledge faith of the people involved in the instrument, and that of
The appearing parties assert that they are in the free exercise of their civil rights.
4. The identification of the grantors when the notary does not know them, through the
neighborhood card or passport, or by two witnesses known by the notary, or by
bothmeanswhenIdeemitappropriate.
5. Reason for having reviewed the authentic documents that certify the
legal representation of the parties appearing on behalf of another, describing them and
indicatingplace,date,[Link]
representationissufficientaccordingtothelawandinitsjudgment,fortheactorcontract.
6. The intervention of an interpreter appointed by the party that does not know the Spanish language, the
If possible, it must be a sworn translator. If the interpreter does not know or cannot...
a witness will sign it for him.
7. The faithful, concise and clear account of the act or contract.
8. The faith of having seen the titles and certificates that correspond, according to the
natureoftheactorcontract
9. The transcription and the actions ordered by law or deemed necessary by the notary are
relevant, when the act or contract has been preceded by authorization or order
judicial or preceded by judicial or administrative proceedings.
[Link].
[Link]
presentthetestimonytotherespectiverecords.

3
ReformedbyDecreeofCongressnumber62-86.
Notary Code
[Link],
precededbythewordsB
' eforeme'.Ifthegrantordoesnotknowhowtosignorisunabletosign,
will place the fingerprint of their right thumb and, if not, another one that
Thenotarywillspecifybyhavingawitnesssignforhim,andifthereareseveralgrantorswhodonot..
Iftheyareunabletosign,awitnesswilldoitforeachpartyorgrouptheyrepresent.
[Link],theywillputbeforesigning
Formeandinfrontofme
[Link],thegrantingpartythatobligatesitselfshallstate,inamanner
express whether there are or are not encumbrances on the assets that motivate the act or contract.
limitations, when these may affect the rights of the other grantor; and the notary will
willwarnoftheresponsibilitiestheywillincuriftheydonotdoso.
[Link]:
The place and date of issuance.
The name and surnames of the grantors.
3. Reason for having seen the documents that prove legal representation
sufficientofsomeoneappearingonbehalfofanother.
4. The intervention of an interpreter when the grantor does not understand Spanish.
5. The relationship of the act or contract with its modalities.
6. The signatures of those involved in the act or contract, or the digital imprint if applicable.
[Link].
totheinterestedpartytodemanditsnullity,providedthatitisexercisedwithintheterm
offouryears,countedfromthedateofitsgranting.
[Link]
fineoffivetofiftyquetzalsdependingonthecase.
[Link].
of the stipulation it contains, nor of the legal conditions or circumstances of the
peopleorthingsreferredto;itissufficientforthenotarytorecorditonceineach
publicinstrument,whichcertifieseverythingcontainedinit.
[Link]
Notary for nullity of the instrument, it is necessary that he has been summoned and heard in the trial.
respective,regardingthecauseofnullity.
[Link].
any other writing that I add, clarify, modify or rescind; and I will also reason the titles and
documents that are visible and whose content undergoes modification, by virtue of the
instruments that may have been authorized.
[Link],
theymustfulfillthefollowingobligations:
a) Refer to the Director of the General Archive of Protocols, within twenty-five days
skilled following the granting of each public deed, special testimony in
stampedpaperoflesservalue,[Link]
the departments of the Republic, excluding that of Guatemala, the Notary may
deliver said testimonies to the Judge of the Instance, who will issue the receipt
[Link]
Actsofwillsordonationsduetodeath,aswellastheirmodificationsor
revocations, the testimony will be delivered in an envelope signed and sealed by the Notary Public.
expressing in it the order number, place, date, time, and object of the
instrumento,nombre del otorgante, así como el número y registro de las hojas de papel
oftheprotocolinwhichitwasextended.
b) Give notice within the term indicated in the previous literal, and before the same
dependence on the Supreme Court of Justice or before judicial officials
indicated, as the case may be, of the canceled public instruments, of which not
[Link].
and will contain the number and date of the canceled instrument;
c) Send a notice to the General Archive of Protocols, or to the First Instance Judges,
inyourcase,within25workingdaysfollowingtheendofeachquarterof
each calendar year, in sealed paper of lesser value, indicating the number and date of the
last public instrument authorized or canceled, or if applicable, which was not authorized
noneduringthecorrespondingquarter.
Notary Code
At the end of the term referred to in paragraph c) of this article, the Director of the Archive
The General Protocols will publish within ten business days following that
expiration,intheOfficialGazetteandinanotheroneofthelargestcirculationinthecountry,thelistof
the Notaries who have not sent all the special testimonies, and the notices to
that refer to literals b) and c) of this article. Subsequently, it will publish
quarterlythelistsofNotarieswhoremainorincurinthatsituation.
NotwithstandingthepenaltyestablishedinArticle100ofthisCode,papershallnotbesold.
ofprotocolortaxspeciestotheNotarywhohasstoppedsending,foraquarter
from the civil year the entirety of its special testimonies with the notarial stamps
respective, to the General Archive of Protocols, or to the Judges of First Instance, in their
case. For this purpose, the Director of that department will send to the General Directorate of
Internal Revenue with a copy to its departmental delegations, a list of the Notaries
thattheyhaveincurredinsuchomission,oncethetermprovidedinsubsectionc)hasexpired
this article. The Notary who has been included in the referred list shall remain
automatically understood in the impediment for the exercise of his profession,
established in paragraph 4 of Article 4 of the Notary Code as it appears
modified by this law; however, once the impediment is legally remedied,
you may request the Director of the General Archive of Protocols to be excluded from the list,
who,afterverifyingthecase,willmakethecommunicationtotherespectivedepartments.
The employees of the General Directorate of Internal Revenue or its delegations
departmental, that sell protocol paper and fiscal species to Notaries
those included in the list referred to in the previous paragraph will incur the penalties that
Itisanticipatedinthecasethatfiscalspeciesaresoldtounregisteredindividuals.
The Guatemalan Bar Association may appoint at its own expense the personnel that it
consider it necessary, so that you verify in the General Archive of Protocols, the correct and
exact payment of notarial stamp in the special testimonies, and cooperate under the orders
from the Director of that department, in any work aimed at fulfilling this
lawandanyotherlegalorregulatorynorm,relatedtotheBenefitsPlanof
Colegio deAbogados.
The director of the GeneralArchive of Protocols will microfilm the special testimonies to
that this article refers to except for those delivered in a sealed envelope. The microphotographs
the referred will have the same legal effects as the special testimonies
[Link]
fillinthemicrophotographsandtheotheraspectsofapplicationofthemicrophotographssystemand
the other aspects of the application of the microphotographic system by the General Archive of
Protocols. 4
[Link]
determination,controlandpaymentofthetaxonthesaleandexchangeofrealestate
(Alcabala), the notaries intervening in the deeds for acts and contracts related
directly with said tax must, within a period of 15 days from the date of
authorization of the deed, notify the General Directorate of Cadastral and Appraisal
Real Estate and the respective Municipalities and also comply with the regulations
the following:
a)Inthesalecontracts:
Filloutandsubmitthecorrespondingform,whichwillserveasnoticeofthetransfer.
Thesaidformwillindicate:
1. Name of the contributors;
2. Identification document numbers of the same:
3. Tax domicile of the grantors;
4. Tax identification numbers, if any:
5. Property subject to the contract:
6. Registration number in the Property Registry, if applicable;
7. Tax identification number:
8. Location and area of the property, indicated in metric system units
decimal:y
9. Value of the Alienation.

4
ModifiedbyDecree-Lawnumber35-86.
Notary Code
b)Intheactsofdonationofrealestate:
1. Names of the donor and the donee;
2. Neighborhood identity card number:
3. Tax address of the grantors;
4. Tax Identification Number (NIT).
5. Relationship of kinship that the grantors have with each other;
6. Value of the donation.
c) In the acts or contracts for the unification of properties and any others that are not
affects the payment of the tax:
1. Date of act or contract;
2. Names of the grantors;
3. Number of their residency ID cards;
4. Fiscal address;
5. Tax Identification Numbers (TIN).
6. Description of the unified properties, indicating location.
7. Surface area, in units of the metric decimal system;
8. Tax identification number;
9. Data that identifies the unified estate, and;
10. Registration number of the unified property in the Property Registry.
d) In cases of dismemberment of properties: In cases where properties are formed by
divisionofotherproperties,mustinformtheGeneralDirectorateofCadastreandAppraisal
of real estate (DICABI) the data indicated in the preceding clauses that were
relevantandcorrespondingtothenewfarms,withintheperiodof15daysinwhich
register the dismemberment in the Property Registry, providing the plans of
land distribution and, if applicable, the distribution of the property, land and
construction.
Notaries who fail to submit the forms and notices mentioned herein
article will be sanctioned with an administrative monetary fine, in addition to the
establishedinthisCode.
Article39.(RepealedbyArticle48ofDecree62-87oftheCongressoftheRepublic).
Article40TheOfficeofTaxRegistration,uponreceivingnoticefromthenotaryofthetransfer
ofapropertythathasnotbeendeclared,willproceedtoopenthecorrespondingregistration.
fulfillingthelegalrequirements,[Link]
in case the deadline to pay the transfer tax begins to run from the date on which the
registration remains open.
[Link]
consultation.

TITLEIV
For a lid and special pieces for testimonies and other writings
[Link],inadditiontothegeneralformalities,
will contain the following specials:
1. 1f. The time and place where the will is granted.
2. The nationality of the testator.
3. The presence of two witnesses who meet the qualifications required by this law.

(5)ModifiedbyArticle47ofDecreenumber62-87

4. Faith in the mental capacity of the testator, at the notary's discretion.

5. That the testator expresses their will by themselves.
6. That the will is read clearly and distinctly by the testator or the person he
elija; y se averigüe al fin de cada cláusula, viendo y oyendo al testador, si lo
the content in it is the true expression of his will.
7. If the testator does not speak Spanish, two interpreters chosen shall intervene.
forthesamereasonsothattheytranslatetheirprovisionsatthetimeofexpressingthem.
Notary Code
8. That the testator, the witnesses, the interpreters, if applicable, and the notary, sign the
willinthesameact.
9. That if the testator does not know how or cannot sign, they should put their fingerprint and sign for.
a witness who must meet the same qualities as the witnesses
instrumentals.
[Link]
formalities of the will.
[Link],thereareformalities.
essentials.InadditiontothosestatedinArticle31,thefollowing:
The time they are granted.
2. The presence of two witnesses.
3. The expression by the testator of their last will.
4. The reading of the will or the donation in its case.
5. The signatures of the grantor or their digital fingerprint, if applicable, of the witnesses and the notary,
andoftheinterpreters,ifthereareany.
[Link]
Registrar of Real Estate, in writing, on stamped paper of lesser value,
withinfifteendaysfollowingthedateonwhichthewillwasauthorized,thedata
expressed in article 1193 of the Civil Code (6) under penalty of twenty-five quetzals of
fine,withoutprejudicetoothercriminalandcivilliabilities.
ThefinewillbeimposedbytheFirstInstanceJudgeunderwhosejurisdictionitfalls.
theRegistrywillapplytothejudicialfunds.
[Link]
for the validity of the instrument and of the stipulations pertaining to the class to which
correspond, will contain the following:
1. Class and object of the society, expressing the negotiations on which it will be based.
turn
2. Corporate Name.
3. Name of the company, if it has one.
4. Address of the same.
5. Social capital and the part each partner contributes, whether in money or in any other form.
goodsorpersonalindustry;thevalueassignedtoitorthewayitshouldbedone
just price, in case no value has been assigned to them.
6. According to the nature of the society, designation of the person or persons that it
theywiladministerandtheirpowers.
7. Part of the profits or losses that are assigned to each partner, date and manner of their allocation.
distribution.
8. Duration of the partnership.
9. Cases in which the dissolution of the society will proceed before its expiration.
10. The fixed periods in which the memory, inventory, and general balance will be presented
socialoperationsandprofitdistributionproject.
11. Bases on which the liquidation and division of social knowledge must be carried out.
12. How the majority will be formed in cases where partners have the right to vote.
[Link],accordingto
thenatureofsociety.
[Link].
ofrefereesand,ifapplicable,howtheappointmentwillbemade.
[Link].

(6)CivilCodeDecree-Lawnumber106
[Link],inadditiontothe
requirementssetforthinthepreviousarticle,mustcontainthefollowing:
1. The names, general information, and addresses of the founding partners.
2. The clear and complete statement of the object of the company or business from which it takes its
naming.
3. The capital of the company, the number, values, and classes of the shares into which it is divided,
the preferences for the payment of dividends and amortizations of the different series of
Notary Code
actions, if any; the premiums that are stipulated in case of redemption and the form and
deadline by which partners must deposit their amount in the social fund.
4. The amount of the subscribed capital at the time of the organization of the company and the part
thatitiseffectivelypaid.
5. The form of administration, the powers of the administrators: the way of
name them and the corresponding attributions to the General Shareholders' Meeting.
6. The dates on which the ordinary sessions of the General Meeting must be held.
Shareholders.
7. The fixed time when the inventory, the inventory balance, or the table of
financial statement and remembering the inventory in the financial statement table
remember the dividends.
8. The portion of the profits that is allocated to form the reserve fund.
9. The percentage of loss of the share capital that must cause the dissolution of the
societybeforetheexpirationofitsterm.
[Link],inadditiontotherequirements
generalaspectsofthepartnershipagreement,thefollowing:
1. The appearance, as grantors, of the managing partners and of the limited partners
founders.
2. The share capital and the portion contributed by each partner: and if it is by shares, the number,
seriesandvalueofeachshare.
3. The part of the capital effectively paid and the manner and term in which the comments
theymustpaytheremainderintothecompanycashregister.
4. The dates on which the ordinary sessions of the General Assembly must be held.
[Link]
followingrequirements:
The total value of the credit guaranteed by the mortgage and the amount of each series, if it is
theyemitseveral.
2. The value and numbering corresponding to the bills of each series.
3. The interest rate, the time, and place of payment.
4. The currency in which the issuance is made and the type in which the notes will be redeemed.
5. The deadline for the redemption of the owed capital or the successive deadlines in the case of being made.
gradual amortization
6. Designation of the mortgaged property, its municipal location and nature of its
products and fruits.
7. The value of the property recorded in the register of assets subject to the contribution of
threeperthousand.
8. The appointment of the trustee, in case such an appointment is necessary.
9. The name of the natural or legal person responsible for servicing the debt.
paymentofinterest,commissionsoramortizations.
[Link],incaseitisnot
was to the bearer or in favor of the granting party.
[Link],ifany.
[Link],iftheissuanceisdividedintoseries.
[Link],livestock,orindustrialpledgemustcontainthe
next:
The amount of the loan or of the loans already made previously, and with guarantees
andthesamethingsthatareaffected
2. The type of agreed interests.
3. The species, quantity, and condition of the objects given as collateral.
The circumstance of the objects being free of encumbrance or if they do not have it,
burdensrecognizedonthedateofthecontract.
If there is insurance, the type of it, amount of the insured sum, name, and address of the
insurer.
4. Whether the debtor owes rent and, if so, whether it is in money or in kind.
5. In the case of livestock or livestock products, the class number, age, sex, brand
orsignoftheanimalsandthestateofthefieldswherethelivestockarefound.
Notarial Code
TITLEV
Wi t n e s s e s

[Link].
[Link],this
requiredtoassociatewiththewitnessesthatthislawdemands.
[Link],suitable,andknowntothenotary.
Ifthenotarydoesnotknowthembeforehand,hemustverifytheiridentitythroughthe
legalmeans.
[Link]:
1. People who cannot read and write or who do not speak or understand Spanish.
2. Persons who have a manifest interest in the act or contract.
3. The deaf, mute, or blind.
4. The relatives of the notary.
5. The relatives of the grantors, unless they sign at their request, when not
Theyknowhowtodoitanddonotdealwithwillsordonationsduetodeath.

TITLEVI
Legalizationis
[Link].
presence. They will also be able to legalize photocopies, static copies, and other reproductions
elaboratedbyanalogousprocedures,aslongastheyareprocessed,copied
reproduced from the original, as the case may be, in the presence of the authorizing Notary.5
[Link]:
a) When it is for signatures: the place and the date; the names of the signatories; their
identification by means established in section 4 of Article 29 of this law, if not
were known by the Notary; proof that the signatures are authentic, signatures of the
signatoriesandthesignaturesofthewitnessesifthereareany.
b) When it is photocopies, photostatic u other elaborated reproductions
analogous procedures: the place and the date; certification that the reproductions are
authentic and a brief summary of the data contained in the previous pages
that in which the minutes or the entire legalized document is recorded, when
it is materially impossible to lift it over the document itself, all the sheets
[Link]
the act must bear the signature and seal of the Notary, in the first case of the
words:'beforeme'andinthesecondcasethewords:'formeandbeforeme.'5
[Link]
one could sign, both will appear at the event; in the case of acknowledgment, it will be
thepresenceoftheobligatedpartyissufficient,[Link]
Ifyouareunabletosigny,ouwilputyourdigitalfingerprintathebotomofthedocument.
[Link]
capacity or legal status of the signatories or signers.
[Link].
subscribedtheauthenticdeed,statingthiscircumstanceinit.
Iftheauthenticdeediswrittenonaseparatesheetfromthedocument,itwillrelateto
fromthisintheminutes.
[Link].
withinaperiodnotexceedingeightdays,stating.
Place and date.
2. First and last names of the signatories.
3. Brief and substantial description of the content of the document that authorizes the signature or signatures
thatarelegalized,withindicationofthevalue,numbers,andquinquenniumofthesheetsofpaper

5
ReformedbyDecreenumber28-87Placeanddate
Notary Code
sealedinwhichtheyarewritten,boththedocumentandtherecordofauthenticityormention
ofthetypeofpaperonwhichtheyarewritten.
Thesereasonswillberecordedfollowingtheorderandnumberingoftheprotocolandwillbesigned.
exclusivelybythenotary.
,
TITLEVII
NotariaAct
ls
[Link],incaseswheretheyintervenebyprovisionofthelaworto
requestfromtheparty,willraisenotarialrecordsinwhichthefactswillbestatedthat
presenceandcircumstancesthatareknowntohim/her.
[Link]:theplace,date,andtimeofthe
diligence; the name of the person who has requested it; the names of the people who
also intervene in the act; the detailed account of the diligence; and the value and
theordernumberofthestampedpaperonwhichthepagespriortothelastoneareextended.
In the protest inventories and judicial proceedings, the special provisions will be observed.
determinedbylaw,foreachcase,withoutthemandatorypresenceofwitnesses.
[Link],seal,andsignallthepagesofthenotarialact.

TITLEVIII
Protocol action is
[Link]:
1. The documents or proceedings whose protocolization is ordered by law or by a court.
competent.
2. The private documents whose signatures have been previously legalized.
3. Private documents without recognition or notarization of signatures.
In the cases provided in paragraph 1, the notarization will be done by the notary before himself;
In cases of section 2, the appearance of the person in whose favor it is signed will be sufficient.
document and in the cases of paragraph 3 the appearance of all is indispensable
signatoriesofthedocument.
[Link]:
The order number of the instrument.
2. The place and the date.
3. The names of the applicants, or transcription in their case, of the court order.
4. Mention of the document or procedure, indicating the number of pages it contains and the
placeitoccupiesintheprotocol,accordingtothepagination,andthenumbersthatcorrespondtothe
firstandlastpages.
5. The signatures of the applicants, if applicable, and that of the notary.
[Link]
documents or proceedings related to it, the respective clause will contain the
previousrelevantrequirementsandwillserveasminutes.

TITLEIX
TestimoniOS
[Link],forthereasonofauthenticityor
legalización, o acta de protocolación, extendida en el papel sellado correspondiente, y
sealedandsignedbytheauthorizingnotaryorbythepersonwhomustsubstitutehim,inaccordancewith
withthislaw.
[Link];bythe
employee who has the protocol in their possession, if they are legally authorized to practice
notarial functions, or by the charter expressly entrusted by the authorizing notary
thatistemporarilypreventedfromdoingso.
Thetestimoniesmayalsobeextended.
Notary Code
a) Through printed copies on stamped paper that can be completed by writing
machineorhandwriten:
b) By means of photocopies or photographic copies of the instruments, cases in which
Thetestimonieswillbecompletedwithasheetofstampedpaper,onwhichwillberecordedthe
finalreasonandtheywillplacetherespectivestamps.
[Link]
public instruments contained in the existing protocols of said archive, upon request
verbalofanyperson,exceptforactsoflastwillaccordingtothe
Article 75, and if this cannot be done for any reason, the Court Secretary will do so.
SupremeCourtofJustice,orthenotarydesignatedbythePresidentoftheJudicialBodyforit
case.
[Link]
and encumbrances on them; may be registered in the Property Registry
Property, it is an indispensable requirement that the respective testimony is inserted in the
certificates of compliance for the three per thousand territorial tax and the taxes
municipal receipts, or the receipts that prove payment for the last quarter, and the certificates
of the transfer tax or inheritance tax or donation tax, as the case may be, or that is
accompany the original testimonies mentioned. With the testimony of the writing
aduplicateonstampedpapermustbesubmittedtothePropertyRegistryoftheRealEstate
lowestvalue,clearlylegible,andthatcanbeextendedtocarbonpaper.
[Link],sealed,andsignedbythenotary.
At the end of the instrument, the number of sheets that it consists of will be indicated, the people to whom
itextendsandtheplaceanddateonwhichitiscompiled.
[Link]
respective writings, and consequently, they are inserted in the testimony if the document
if it contained a plan, the testimony will also be accompanied by a copy of
same, certified, with a reason sealed and signed by the notary, in which it will be recorded
hisidentity.
[Link],itshallbeinsertedinthe
providence that I will order it, and if a notary extends it on behalf of another, it must
indicatesuchcircumstance.
[Link]...
grantors, their heirs or assignees, to any person who requests it.
[Link],theJudgeofFirstInstance,
previous hearing that will give him twenty-four hours to present the reasons that
you will have to refuse, will issue the resolution that is appropriate; and if it is in the sense of
to order the testimony to be given and if the notary does not obey, will order the seizure of the volume.
therespectiveprotocolwilldesignatethenotarywhoistoextendit.
[Link]-
Onlyhewillbeabletoextendtestimonyoracopyoftheinstrument.
[Link]
canceled the expenses and fees for the authorization of the instrument and without any advance payment
theissuanceofthetestimony,accordingtothefeeschedule.

TITLEX
Prohibition is
[Link]:
1. Authorize acts or contracts in favor of himself or his relatives. However, he may
authorize with the countersign: 'By me and before me', the following instruments:
a) His will or donation causa mortis and the modifications and renewals
ofthesame;
b) The powers granted and their extensions, modifications, and revocations;
c) The total or partial substitution of powers that have been granted to him/her, when
Iwasauthorizedtodoso;
d) Acts that result in only obligations and no rights whatsoever; and
Notary Code
e) Las escrituras de ampliación o aclaración que tengan por objeto único, enmendar
errors or omissions in the manner in which they may have incurred, provided that they are not of the
provided for in Article 96.
2. If I were a First Instance Judge authorized to register, Secretary of the Courts
of Justice or Prosecutor, authorize acts or contracts related to matters in which they are
intervening.
3. Extend certification of facts that I witnessed without having intervened in them by
reasonofoffice,requestfromapartyorrequirementfromacompetentauthority.
4. Authorize the examination of public instruments or their testimonies before
thosewouldhavebeensignedbythegrantorsandotherpersonsinvolved.
5. Use a signature or seal that is not previously registered with the Supreme Court of Justice.

TITLE XI
ArchiveofProtocols
Itisreformed,whichremainsasfolows:
Article 78. (Amended by Decree Number 68-97 of the Congress of the Republic).
General Archive of Protocols, a dependency of the Presidency of the Judicial Body, it
it corresponds to register the court orders, receive and retain the files
extrajudicial voluntary jurisdiction, the special testimonies of the deeds
authorized public by the Notaries of the country and the Protocols deposited therein by
death, impediment or absence of the respective Notary.
Itwillbedirectedbyanactiveandauthorizednotarypublicqualifiedtopracticetheprofessionand
that has been exercised for a period of no less than five years. He/She will hold the title of
Director of the General Archive of Protocols, to be appointed by the President of
JudicialBody.
TheSupremeCourtofJusticemayagree,underitsstrictresponsibility,thetransferto
any other place the special testimonies and Notary Protocols that have been
microfilmedorreproducedbyanotherprocedureintheArchive,butitmayonly
incinerate or destroy the special testimonies after ten (10) years have passed
counted from the date of receipt.
[Link],upontakingpossessionoftheirposition,willreceiveaninventory.
theprotocols,books,andotherdocumentsofthearchiveandwilldraftarecordinwhichitwillbemade
Include everything related to the delivery and receipt of the position, which will be signed by the Director.
outgoingandincoming,andacopyofwhichwillbesenttotheSupremeCourtofJustice.
[Link]
open in the same, and regarding the protocols, the indication of the number of these, sheets of
each volume, years covered, and the name of the authorizing notary.
[Link]
following:
1. To extend testimony of the public instruments that are in the archive, it is sufficient
verbalrequestfromtheinterestedparty.
2. Practice the inspection and protocols of the notaries residing in the capital and in the
municipalities of the department of Guatemala.
3. Require delivery of conformity protocols and in the cases established by this law.
4. To keep and preserve under their responsibility the protocols, minutes books and
inventory,thenotarialnoticesandotherdocumentsofthearchive.
5. Submit to the courts the reports requested related to the documents of
file.
6. Ensure that the indexes, special testimonies, and notarial notices are bound.
with the proper separation.
7. To extend receipts for all documents and notices received from the notaries, in the
same date of its reception
8. Register the powers and any modifications or revocations of the same, in strict order
chronological, for which a special book will be kept.
Notary Code
9. Note the margin of the instruments that are in the file, the modifications that
they suffer and of which they are aware by notice from the notary and authorizing.
anotación deberá incluirse en los testimonios que se extiendan con posterioridad.
10. Not allowing the protocols to be extracted, even with a judicial authority order,
testimonies and documents from the archive. If the authority, whoever it may be, had
that practicing any diligence, he will verify it in the file itself, in the presence of
Director,whowillsigntheminutesthatwillbedrawnup.
11.InformtheSupremeCourtofJusticeofeachinfractionofarticle37,aswellasof
theotheroffensescommittedbynotariesfornon-compliancewiththislaw,andofthe
irregularitiesthatIwillfindintheprotocolsthatIwillinspectandreview.
[Link]
deliveredtothefile,andinwhichthenotaryhasnotbeenabletofulfillthatrequirement,
forajustifiedreason.
[Link],withoutanycharge,anyone
personwhorequestsit,theconsultationofanywritingordocument,withinit
office as well as take the data and notes you wish. If it concerns wills or
donations due to the death of living persons can only be exhibited to the
grantors, having verified their identity, and the authorizing notary.
[Link],theDirectorwilladjusttotherateof
notaries. The fees will be paid into the Treasury of Justice Funds allocated to the
monthlypaymentofthesalaryoftheDirectorandemployeesofthearchiveandofficeexpenses.

TITLEXII
InspectionoPfrotocols
[Link],theDirectoroftheGeneralArchiveofProtocols,andinthe
First Instance Court departments are responsible for inspection and review.
[Link],
The inspection and review will apply to all according to the distribution that the Court will make.
SupremeCourt.
Without prejudice to the above, the President of the Judicial Body may appoint
annually the number of active registered notaries required to practice
inspection and review of protocols, both in the Guatemala department and in the
[Link],withthe
JudicialBodywillberegulatedbymeansofanagreementfromtheSupremeCourt
Justice.6
[Link]
fulfillingtheformalrequirementsestablishedinthislaw.
[Link]
when I send it to the Supreme Court of Justice. For this purpose, the notary is obliged to
presenttheprotocolanditsdocuments,wherebyinspectionandreviewmustbecarriedoutin
hispresence.
If the notary fails to present the protocol and its receipts or refuses to do so,
the official or inspector of Protocols responsible for the inspection and review will carry it out from the
knowledge of the Court of First Instance concerned, which prior to the hearing that
willgivethenotarytwenty-fourhourstopresentthereasonsforhisnoncomplianceor
negative,shalldictate,withinthenexttwenty-fourhours,theappropriateresolution:andif
she was in the sense that the notary present the protocol and its proofs, so it was
will order, under the warning of occupation and extraction of the protocol and receipts
respectivepowersofthereluctantnotary,forwhicheffectassistancemaybesoughtfromthe
public force, if it is not possible to conduct the inspection and review in the presence of the notary,
theprotocolandrespectivevoucherswillbeextractedfromthenotary'spowerandsentfrom
immediatelytotheGeneralArchiveofProtocolsforwhatisappropriate.

6
AddedbyDecree-Lawnumber113-83.
Notary Code
IfinthedepartmenttherewereonlyoneFirstInstanceJudgeandthisjudgewasthe
the judge of the first instance who is most accessible will be in charge of the inspection and review
forthepurposesoftheproceduresreferredtointheprecedingparagraph.
Any delay by a First Instance Judge in fulfilling the obligations assigned to them
imposed according to the previous paragraphs, must be punished by the Supreme Court of
Justice.
Thenotarywho,bytheirnon-complianceorrefusal,causestheoccupationtobedecreed.
orextractionoftheprotocolasindicatedinthatarticle,willincurintheresponsibilities
penalties,bothfortheirdisobedienceandfortheirstatusasthecustodianoftheprotocol,without
to the detriment of any others that may be relevant, in accordance with the law. For the
deduction of such responsibilities, the corresponding First Instance Judge, or,
in your case, the Supreme Court of Justice must, without delay, certify what is relevant to the
competentcriminalcourt.7
[Link]
respective book, in which it will be recorded whether or not the requirements were met in the protocol
formal, the observations and indications that the notary may have made and the explanations
thathismaybegivenregardingthis.
[Link]
the formal requirements, the respective official will send a certified copy of the minutes
corresponding to the Supreme Court of Justice, which, prior to the hearing with the notary,
[Link],therewillbenofurtherappeal.
theresponsibility.
[Link]
Protocols do not prejudge the validity of public instruments.

TITLEXIII
RepositioninogPfrotocols
[Link],uponlearningoftheloss,destruction,ordeteriorationoftheprotocol,
[Link]
persons who, according to the Code of Criminal Procedure, can report a crime
The public also has the right to inform the Judge of any fact that occurs.
thereplacementoftheprotocolisnecessary.
[Link],which,oncecompleted,
itwilresolvedeclaringthereinstatementadmissible,andincaseofacrime,itwilorderthataninvestigationbeopened

criminal proceedings against the alleged perpetrators.

[Link],thejudgewillrequesttheSupremeCourtto
Justice, copies of the testimonies sent by the notary, corresponding to the protocol that
must be replaced, which will serve for the replacement. In the event that said testimonies do not
exist in the Protocol Archive for any reason, copies will be requested that
There will be in the Property Registry and to summon the grantors and the
interested parties, warning them to present the testimonies or copies they have in their
[Link]
Official and in one of the most widely circulated in the locality. If there is testimony of the
index of the protocol, which is about being restored, the notices will contain the list of the
grantors.
[Link]
If the deeds have been registered, the Judge will request certification of the entries of the
RealEstatePropertyRegistryoroftheduplicatesthatexistinit.
[Link],theJudgewillsummonagaintothe
interestedparties,torecord,inminutes,thepointsthatsuchdeedscontained.
In case of disagreement among the grantors, or if their appearance is not possible, the
interestedpartieswillexercisetheirrightsthroughordinarymeans.

7
AddedbyDecree-Lawnumber113-83
Notary Code
[Link]
certifications of the registration or with the appropriate proof of the points at which they are located
The grantors agree that the lost or unusable protocol will be reinstated.
Artí[Link]
change the cardinal numbering of the instruments, the pagination or the order of the series;
leave a blank page or make a page or sheets of the protocol unusable, the notary
It will go to a Judge of First Instance of the civil order, who upon recognizing the error and in
In view of the reasons presented by the notary, the amendment may be agreed upon, lifting to the
effectanact,certificationofwhichwillbeaddedamongthedocumentsoftheprotocol.
[Link]
notary, who in turn, may claim the value of such expenses from the person who results.
culpable.

TITLEXIV
Thaectionasrehabilitation
[Link],thePublicMinistryoranyperson
inparticular,hastherighttoreporttotheSupremeCourtofJustice,theimpediments
ofthenotarytopracticehisprofession.
TheCourt,withtheinterventionofoneoftheprosecutorsofthechambers,willprocessthecomplaintin
summary form summons of the challenged notary; and will order the practice of the proceedings
thatitdeemsrelevant,aswellasthoseproposedbythenotary.
Againsttheresolutionissued,theappealforreconsiderationwillbesubmittedbeforethesamecourt.
[Link],byreasonofoffice,has,
knowledge that a notary has incurred in any of the causes of incapacity for
theexerciseofhisprofession,hewillnotifyoneoftheprosecutorsofthecourts,sothattheycanproceed
to formalize the complaint.
Article100.(Article7ofDecree38-74oftheCongress).Thenotarieswhofailto
send the testimonies referred to in Article 37, or to give the notices to which they refer
Article 38 and Article 39 of this law are contracted within the terms set for this purpose.
theywillincurafineoftwoquetzalsfortheinfraction,whichwillbeimposedbytheGeneralDirector
ofProtocolsandwillbepaidattheTreasuryoftheJudicialBody,asprivatefundsof
saidOrganization.
All sanctions imposed by the Director General of Protocols will be imposed prior
hearingforaperiodoftwentydaystotheinterestedparty,ahearingthatwillbenotifiedbymeansof
by certified mail with acknowledgment of [Link] the resolution issued by the General Director of
Protocols, goat the resource for reconsideration, which must be filed within the
three-day period counting from the date of receipt of the notification by
certified mail. This resource will be submitted to the Director himself, who will elevate the
actions to the Supreme Court of Justice for it to resolve. Said Court will resolve
[Link]
therulingoftheSupremeCourtofJustice,[Link]
therequestfiledisdenied,afineoftwenty-fivewillbeimposedontheappellant
ahundredquetzals,dependingontheamountofthecontestedresolution.
[Link]
SupremeCourtofJustice,aslongastheydonotconstituteacrime,orbyacourtthatisaware
Intheircase,beingabletoadmonishorcensuretheinfringingnotary,orimposeafinethatdoesnot
[Link],thefinesmaybeupto
onehundredquetzals,[Link].
with justification of reasons.
[Link]
will establish the resolutions that sanction the infractions committed by notaries, or
copyofwhatothercourtsdictated.
[Link],thecourtsthat
They will inform the Supreme Court of Justice about the arrest warrant or
sentenceissuedagainstthenotary.
Notary Code
[Link]
paragraph 4 of Article 3 of this law may be rehabilitated by the Supreme Court of
Justice, whenever the following circumstances occur:
[Link].
2nd. That during the time of the sentence and the two additional years referred to in the clause
Iftheyhadobservedgoodbehavior.
[Link];and
4°.ThattheSuperiorCounciloftheUniversityofSanCarlosissuesafavorableopinion.
[Link].
Justice, and against the resolution that it dictates, there will be no other appeal than that of
responsibility.

TITLE XV
Tothesky
[Link],aswellastheindividualswhorequesttheirprofessionalservices,
are free to negotiate fees and payment conditions. In the absence of an agreement, the
Fees will be regulated according to this tariff, in national currency.
Article107.(Article2ofDecree29-75oftheCongress).Ifthenotaryrequestssettlement
offeestheJudgewillordertheSecretarytoinformhimifitcomplieswiththeFeeSchedule;
subsequently, it will grant a visa for two days to those interested, and if the settlement is found
adjustedtothelaw,[Link]
being firm will give rise to the executive title that can be executed within them
proceedingsintheEnforcementRouteorinaseparatecord,bymeansofcertificationoftheruling.
Article108.(ReformedbyDecree131-96oftheCongressoftheRepublic)Notaries
thattheyprovidetheirservicesoutsidetheirofficebutwithintheradiusofthepopulationinwhich
residents,inadditiontothefeesthatcorrespondtothemaccordingtothatschedule,willcharge
fifty quetzals (Q50.00) for each hour of work, but if the service takes place outside
from the population, the notary will also charge six quetzals (06.00) for each kilometer
fraction, added for round trip.
Article109.(Article4.OfDecree29-75oftheCongress).Thenumbers1aremodified.
2,6,7,9,10,11,12,14,[Link].,for
lethemstaylikethis:

Notarieswillchargeasfees:
1. By authorization of deeds of indeterminate value from two hundred to five thousand
quetzals(Q.200.00toQ.5,000.00),accordingtotheirimportance.
2. For deeds of determined value, in accordance with the bases and percentages
next,asappropriate.
a) When the value does not exceed five thousand quetzals (Q.5000.00), three hundred
(Q.300.00)base,buttenpercentonthevalueofthecontract.
from five thousand quetzals one cent (Q.5,000.01) to twenty-five thousand quetzals
(Q.25,000.00), four hundred quetzals (Q.400.00) as a base, plus eight percent
aboutthecontractvalue.
from twenty-five thousand quetzals one cent (Q.25,000.01) to fifty thousand quetzals
Q.50,000.00,fourhundredfiftyquetzals(Q.450.00)asbase,plussixpercent
onehundredpercentofthecontractvalue.
from fifty thousand quetzals one cent (Q.50,000.01) to one hundred thousand quetzals
(Q.100,000.00), five hundred quetzals (Q.500.00) as base, plus four percent
aboutthevalueofthecontract.
from one hundred thousand quetzals one cent (Q.100,000.00) to one million quetzals,
(Q.1,000,000.00), five hundred quetzals (Q.500.00) base, plus three percent
aboutthevalueofthecontract.
f)
From one million quetzals one centavo (Q.1,000,000.00) onwards, five hundred
quetzals(Q.500.00)asabase,plustwopercentofthecontractvalue.
3. For canceled deeds, notaries will charge half of the fees they
they would correspond if it had been authorized. The payment will be obliged to be made by the one or ones
grantors that represent the same interest and have led to the cancellation.
Notary Code
4. For the authorization of company deeds, the notary will charge according to the
importanceofthesocialcontractorontheamountofauthorizedcapital,asitmayapply
morefavorable.
5. By authorization of a will or donation due to death, it will be charged according to
items1and2ofthisarticle,asapplicable.
6. By authorization of a testimony, fifty quetzals (Q.50.00), when it is of the
protocol of the same year in which it is requested and seventy-five quetzals (Q.75.00) for the
[Link]
seventy-fivequetzals(Q.75.00).
7. By notarial deed, from one hundred quetzals (Q.100.00) to two thousand quetzals (Q.2,000.00), according to
itsimportance.
8. For the protocolization of documents, according to what corresponds based on their value
beitdeterminedornot.
9. For the inventories, charges will be based on the following basis and percentages:
a) When it does not exceed five thousand quetzales and one cent (Q.5,000.01), one hundred quetzales of
base(Q.100.00),plustenpercentontheinventoriedasset.
from five thousand quetzals one cent (Q.5,000.01) to twenty-five thousand quetzals
(Q.25,000.00), one hundred quetzals base (Q.100.00), plus eight percent on the
inventoried asset.
c) From twenty-five thousand quetzals one cent (Q.25,000.01) to fifty thousand quetzals
(Q.50,000.00), one hundred quetzals base (Q.100.00), plus six percent on the
inventoried asset.
from fifty thousand quetzals one cent (Q.50,000.01) to one hundred thousand quetzals
Onehundredthousandquetzals(Q.100,000.00),onehundredquetzalsbase(Q.100.00),plusfourpercentonthe
inventory asset.
from one hundred thousand quetzals one cent (Q.100,000.01) to one million quetzals
(Q.1,000,000.00), one hundred quetzals base (Q.100.00), plus three percent on the
listed asset.
from one million quetzals one cent (Q.1,000,000.01), hereinafter, one hundred quetzals
base(Q.100.00),plustwopercentoninventoriedassets.
10. For authentic ones, from fifty quetzals (Q.50.00) to two hundred quetzals (Q.200.00),
accordingtotheirimportance.
11. For the examination of books in all types of public registry, fifty quetzals (Q.50.00),
thefirstbookandtwenty-fivequetzals(Q.25.00),foreachofthesubsequentones.
12. To verify the transfer operations in the fiscal, municipal, or offices of
registration,fiftyquetzals(Q.50.00),foreachverification.
13. For the drafting of a private document or the preparation of a minutes, the notaries
they will charge half of the fees that would correspond to them according to the sections
[Link],butiftheminutesweretobeturnedintoapublicinstrumentbytheown
the notary will only charge the fees established in those sections, as applicable.
14. For the partition projects, three hundred quetzals (Q.300.00), plus six percent
onehundred(6%)onthedivisiblevalueuptotwentythousandquetzals(Q.20,000.00)plusthreepercent
onehundred(3%)onthesurplus.
15. For the consultations related to acts or contracts that they receive, the notaries
theywilchargebetweenonehundredandonethousandquetzals(Q.100.00toQ.1000.00),dependingontheimportanceofthebusiness,

itsamountandscopeordifficultyofthequery.
16. In addition to the fees specified above, the Notary will charge for what is written to
a fee of five quetzals (Q.5.00) for each sheet or fraction. Taxes, stamps
fees and charges collected by the respective registries will be at the expense of
interested.

TITLE XVI
Dispositothisnenthodem

[Link],suppress,ormodifyrightsand
Theobligationsofnotariescontainedinthislawmustbemadeasanexpressreform.
the same, in order to maintain its contextual unity. In this concept, it remains
Notary Code
the creation, suppression, or modification of those rights and agreements is prohibited
governorates, obligations through administrative circulars agreements o
governors.
[Link],agreements,andcircularsthatarerepealed.
opposethislaw,andespecially,thefollowing:NotaryLaw,content
inLegislativeDecreenumber2154;theGovernmentDecreenumber2374,whichreformedthe
previousandLegislativeDecreenumber2556,whichapprovedandmodifiedthepreviousone;articles
159to170inclusive,182,184and185ofthegovernmentdecreenumber1568,articles1to4.
Inclusive, 8, 9 and 10 of the government decree number 2303k, article 10; legislative decree
number1735,LegislativeDecreenumber2468;articles13and29ofthegovernmentdecree
number1543;articles28,29,32,36,and76ofgovernmentdecreenumber1988,Decrees
government agreements numbers: 1750, 1822, 2131, 2233, 2273, and 2342, government agreements 9 of
May1934,April17andDecember9,1935;October18,1939;August9
from1940;articles720,722,772,849,850,874,1144and1145ofLegislativeDecreenumber
1932;281,385,and420oftheCommercialCode.
Article 112. This law will come into force on the first day of January nineteen hundred.
forty-seven.
PasstotheExecutivebodyforpublicationandcompliance.
Given in the Palace of the Congress of the Republic in the city of Guatemala, on the thirtieth
daysofthemonthofNovembernineteenforty-six,thirdyearoftherevolution.

R. [Link]
ActingVice-PresidentofthePresidency

National Palace: Guatemala, December tenth, nineteen forty-six.