Section b Legal notices
The Gazette REPUBLIC OF HONDURAS - TEGUCIGALPA, M. d. C., FEBRUARY 7, 2017 No. 34,259
COURT OF HONOR OF THE UNION OF
NOTARIES OF HONDURAS (UNH)
NOTARIAL CODE OF ETHICS
PREAMBLE
Since the Notary is the public servant responsible for
carrying out or developing the State institution that
guarantees the security and perpetual record of the official
acts, contracts and dispositions inter vivos or due to death in
which he is involved, it is necessary that this servant , in the
fulfillment of its mandate, becomes the obligation to
observe principles that reveal the seriousness that its work
requires due to the transcendence of its function in society.
In order for this purpose to be fulfilled, it is necessary that
in carrying out your function, you always observe the
following principles as a rule:
PRINCIPLES OF NOTARIAL CONDUCT
ARTICLE 1.- The Code of Ethics of the Honduran
Notariat is the set of precepts of a moral nature that must
always be present in the notarial work of the professional
authorized to exercise the public function of the Notarial
Office.
ARTICLE 2.- The Notary, in his capacity as a legal
professional in charge of giving public faith in the acts and
contracts in which he intervenes by mandate of the Law,
must guide his action fundamentally according to the
following PRINCIPLES :
a) Love your profession as a Notary;
b) Honor the trust that the State, through the
Honorable Supreme Court of Justice, has placed in
him;
c) Refuse to do anything that is not allowed;
d) Comply and enforce the law as the good public official
that he is;
e) Exercise your ministry convinced that you perform a
high public function;
f) In the exercise of the public function of the Notary,
there are no major or minor matters; Consequently, the
Notary in everything entrusted to him, it is his duty to
pay all due attention to prevent a possible inattention in
the performance of his office from putting his Ministry
and the interests of those who require his services in a
precarious state;
g) Include in your task list the hours you will dedicate to
the Notaries Guild, including solidarity;
h) Permanent training for the benefit of your Ministry and
thus, create more confidence in the people who require
your services;
i) Be and continue to be a good citizen;
j) Be convinced that the greater number of notarial acts in
which you intervene will not increase your fame or
professional prestige;
k) Instruct those who do not know;
l) Gain all the possible credibility of the population, so
that the Notarial Office is one of the institutions with
the best prestige in the country;
m) Defend their ministerial independence;
n) Always remember the oath taken;
o) Consider the protocol as the fruit of love for the notarial
function;
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p) Remove everything that defiles your ministry; professional capacity.

q) Remember that the main mission of the Notary is to

prevent litigation; ARTICLE 7.- AUTONOMY.- The exercise of the

r) Cultivate all the virtues. Notarial Function is independent of the legal profession.-

s) Be convinced that economic success is not what The Notary as

brings prestige.- Gold does not compensate for

Minister of Faith in the exercise of his ministry, he must act
honorability.
freely, subject to the Constitution of the Republic, the

OF THE NOTARIAL FUNCTION Notarial Code and its Regulations, as well as the other legal

provisions in force.

ARTICLE 3.- PUBLIC AND SOCIAL INTEREST.- The

exercise of the Notarial function is of public and social ARTICLE 8.- INDELEGABILITY.- The exercise of the

interest that the State, through the Honorable Supreme Notarial Function is non-delegable.

Court of Justice, in the manner established in the

ARTICLE 9.- IMPARTIALITY. -Impartiality is attached
Constitution, Laws and in accordance with the statutes in
to the Notarial Function.- The Notary is neither for nor
the Notarial Code and its Regulations, delegates to the
against any of the parties.
persons authorized to exercise it.
The Notary who authorizes a public instrument is

ARTICLE 4.- INCOMPATIBILITIES.- ANNEXED disqualified from subsequently acting as Lawyer for one of

JURISDICTION.- In general, except for the exceptions of the grantors, when judicial or extrajudicial controversies

the case, the Notarial Function is incompatible with the arise between them and due to the act in which they

performance of jobs or public positions that enjoy a salary intervened.

and have attached jurisdiction.

In non-contentious matters, the Notary is prohibited from

ARTICLE 5.- IMPROPER PRACTICE IN THE intervening when he has participated in them as a Lawyer

EXERCISE OF THE NOTARIAL FUNCTION.- or in the authorization of the act or contract in question.

Improper practice in the exercise of the Notarial Function The Notary authorizing a public instrument is disqualified

will be subject to the disciplinary regime established in the from subsequently acting as Lawyer for one of the granting

Law. parties to demand from the other in a contentious litigation,

the services that have been required to be fulfilled in the

ARTICLE 6.- RESPONSIBILITY.- The notarial function document authorized by him.

must be exercised with full responsibility, efficiency and The Notary cannot authorize public instruments in favor of

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relatives in the cases indicated in the Law. displayed in a visible space.

The Notary who has intervened in the authorization for the

realization of any real right or simple credit on real estate ARTICLE 13.- ADDRESS OF THE NOTARY

will not be able to authorize the deed that will allow the act OFFICE.- The public instrument, the Certificate of
that in the exercise of his ministry he himself records in Authenticity or any other certificate created in the future,
perpetuity. memory. will contain the address of the Notary Office.

ARTICLE 10.- TRUTHFULNESS AND LEGAL ARTICLE 14.- PROHIBITION OF THE

SECURITY.- The participation of the Notary in the EXPRESSION “ATTACHED NOTARY” .- In no Firm,
relationships that arise between people and in which their whether of Lawyers or other professions, notarial services
intervention is required, from their birth they enjoy all may be offered using the expression “Attached Notary”.
truthfulness because this is the essential characteristic of all

notarial actions. and precisely, it is she who comes to give THE NOTARY
legal security to these relationships. Unless proven ARTICLE 15.- THE DIGNITY OF THE NOTARY. -
otherwise, the statements and statements that the Notary The Notary deserves consideration and respect.
states in the instruments and other documents authorized by

him are true. NOTARY RIGHTS

ARTICLE 16.- NOTARIAL FEES. -The Notary will

ARTICLE 11.- PROFESSIONALISM.- The Notary is a have the right to the fees that have been agreed upon or that
legal professional, therefore, he is obliged to constantly are set in the Notarial Fee approved by the assembly of

train himself to be updated with legislative reforms. Notaries.

The Notary must provide those who require his services The Notary's services may not be the subject of a contract

with the necessary guidance so that, without a doubt, they or paid through a fixed salary, nor may they be included

are aware that what is reflected in the public instruments in with professional legal services.

which they intervene are their statements that have served

ARTICLE 17.- CHOOSE THEIR UNION
to draft the instrument that is authorized. which must be in
AUTHORITIES.- Notaries have the right to elect their
perfect harmony with current legislation.
own authorities and to form an organization made up

exclusively of Notaries.
THE NOTARY

ARTICLE 12.- CONCEPT. -The Notary Office is the

ARTICLE 18.- SOCIAL PROVISION.- Notaries have
Notary's Office.-Here the Notary's exequatur will be
the right to establish their own Social Security System.
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OBLIGATIONS OF THE NOTARY
ARTICLE 19.- MANDATORY REGISTRATION.-
Upon taking the oath, the Notary acquires all the
obligations inherent to the function.- For this reason and in
view of the fact that the Notarial Code creates the UNION
OF NOTARIES OF HONDURAS (UNH), it is his
obligation to register in the “ UNH” immediately after their
exequatur has been issued, regardless of whether they have
incompatibilities at that time, in order to collaborate in the
correct professional practice and enjoy the rights derived
from social security.
DUTIES OF THE NOTARY
ARTICLE 20.- The Duties of the Notary are:
A. Listening : Before expressing an opinion, you must
first
hear.
B. Interpret: After listening, you must interpret the will
of your clients.
C. Advise: Considering your academic preparation, the
Notary will give advice.
D. Prepare: To prepare a public deed, you need to
satisfy requirements prior to its drafting. -The Notary
must require the relevant documentation.
E. Writing : When writing you must keep in mind the
rules of writing: truth in the concept, propriety in the
language and severity in the form so that the action
you carry out produces the pleasure of understanding
and not the torture of guessing.
F. Authorize : Authorization is the act of authority of
the Notary.
Section b Legal notices
ARTICLE 21.- ACT EFFECTIVELY : The minutes or
writing drafted by him must satisfy the needs of his client,
creating the most appropriate legal and economic formula,
not recommending unnecessary acts or contracts.
ARTICLE 22.- PROFESSIONAL SECRET : The Notary
must remain silent about the content of the acts and
contracts in which, as such, he has participated,
consequently, he must not reveal confidential information
that his clients have entrusted to him.
ARTICLE 23.- SOCIAL DUTY. In cases qualified by the
Board of Directors of the UNION OF NOTARIES OF
HONDURAS , Notaries may charge a lower fee than that
already established or not charge any emolument.
ARTICLE 24.- ATTEND THE ASSEMBLIES : It is the
duty of Notaries to attend the assemblies of the UNION OF
NOTARIES OF HONDURAS that are held as indicated
by law.
ARTICLE 25.- COLLABORATION WITH OTHER
NOTARIES : Notaries must assist each other in the
exercise of their function. It is their duty to cooperate with
the new generations of Notaries and other legal
professionals, whether in training, orientation or legislative
reforms.
PROHIBITIONS
In addition to the prohibitions established in Article 13 of
the Notarial Code, the following prohibitions are
established:
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ARTICLE 26.- UNFAIR COMPETITION. Notaries are
prohibited from attracting improper clientele.
ARTICLE 27.- RELATIVES : No Notary may authorize
instruments in which he intervenes as a party or that contain
provisions in his favor, his spouse or his relatives within the
fourth degree of consanguinity and second degree of
affinity.
ARTICLE 28.- NON-CONTENTIOUS ACTS : The
Notary is prohibited from intervening in non-contentious
matters when he has participated in them as a Lawyer or has
participated in the authorization of the act or contract in
question.
ARTICLE 29.- EXCLUSIVE LISTS.- There will be no
unfair competition by being part of exclusive lists of
Notaries.
RELATIONSHIPS WITH YOUR CUSTOMERS
ARTICLE 30.- FREE CHOICE OF THE NOTARY.- It
is solely up to the interested parties to appoint a Notary
when they have to cover professional fees.
ARTICLE 31.- EXCLUSIVITY . No natural or legal
person can establish exclusivity of notaries or special fee
rates.
REPEAL AND VALIDITY
ARTICLE 32.- REPEAL: The Code of Notarial Ethics
approved by the HONDURIAN INSTITUTE OF
NOTARIAL LAW (INHDEN ) on April 1, 1995 and
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published in the Official Gazette La Gaceta on July 18,
1995 is repealed. and five.
ARTICLE 33.- VALIDITY. -This Code, because the
Function of Approval of this Regulation has been delegated
by the Great General Assembly of the Members of the
“UNH” , as stated in point of Minutes number five (5) of
the session held on two (2 ) of October two thousand fifteen
(2015) in the city of Juticalpa, department of Olancho, this
Court of Honor of the Union of Notaries of Honduras, in
use of that Delegation, APPROVES , today, which is June
seven (7), current year, this “NOTARIAL CODE OF
ETHICS” which is recorded in point number four (4) of
Minute number seven (7) drawn up for this purpose on the
immediately preceding date and will come into force from
the following day of its publication in the Official Gazette
“La Gaceta”.
Given in the Session Room of the UNION OF
NOTARIES OF HONDURAS, on the seventh day of the
month of June of the year two thousand and sixteen.
JUAN ARNALDO HERNÁNDEZ ESPINOZA
PRESIDENT
ELIZABETH CHIUZ SIERRA
MIGUEL ÁNGEL RIVERA PORTILLO
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RENE OSBALDO RIVERA

CONAN RAFAEL ARGUETA

DIGNA ÁVILA DE DÍAZ

SECRETARY
7 F. 2017

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