Common law vs. civil law notaries
Most common law systems have what is called in the United States a notary public, a public official who notarizes legal documents and who can also administer and take oaths and affirmations, among other tasks.[6] Although notaries public are public officials, they are not paid by the government; they may obtain income by charging fees, provide free services in connection with other employment (for example, bank employees), or provide free services for the public good. In the United States (except Puerto Rico), any person – lawyer or otherwise – may be commissioned as a notary.
Most civil law-based systems (including Puerto Rico and Quebec) have the civil law notary, a legal professional performing many more functions than a common-law notary public. They are qualified lawyers who provide many of the same services as common-law attorneys/solicitors (negotiation and drafting of contracts, legal advice, settlement of estates, creation of a company and its status, writing of wills and power of attorney, interpretation of the law, mediation, etc.) except any involvement in disputes to be presented before a court.[7]
In the United States, a signing agent, also known as a loan signing agent, is a notary public who specializes in notarizing mortgage and real estate documents.
Notaries in civil law jurisdictions are specialized in all matters relating to real estate, completing title exams in order to confirm the ownership of the property, the existence of any encumbrances such as easements or mortgages and hypothecs.
Often, in the case of lawyer notaries, the certificate to be provided will not require the person appearing to sign. Examples are certificates authenticating copies and certificates as to law, such as certificates as to the capacity of a company to perform certain acts, or explaining probate law in the place.