A Notary in the USA vs. a Notary in St. Maarten: Key Differences in Function, Authority, and More

The Notary Public in the United States

In the United States, a Notary Public serves a relatively limited, administrative role. Appointed by individual states rather than the federal government, U.S. notaries primarily act as impartial witnesses to the signing of documents. Their main purpose is to deter fraud by verifying the identity of signatories, ensuring they are signing voluntarily, and confirming that they understand the content of the document.

Typical notarial acts include:

• Administering oaths and affirmations
• Taking acknowledgments of signatures
• Certifying copies of certain documents
• Witnessing affidavits and statutory declarations

The process to become a notary in most U.S. states is straightforward. Applicants usually complete a brief training or online exam, pay a small fee, and receive a commission valid for several years. Notaries are not required to hold a law degree, and they are not authorized to provide legal advice or draft legal documents. In fact, doing so can constitute the unauthorized practice of law.

In essence, an American notary’s function is limited to verifying identity and witnessing signatures—an important but narrow role focused on preventing document fraud rather than conferring legal validity.

The Civil Law Notary in Sint Maarten

In St. Maarten, which follows a civil law system derived from Dutch law, a notaris (civil law notary) is a highly trained legal professional whose powers far exceed those of their U.S. counterparts. A St. Maarten notary must hold a law degree, complete specialized postgraduate legal training, and gain several years of experience under the supervision of an established notary before being appointed by the Crown (the King of the Netherlands).

Unlike in the U.S., notaries in Sint Maarten have quasi-judicial authority. They do not merely witness signatures—they draft, authenticate, and register legally binding instruments. Many transactions cannot take legal effect without a notary’s involvement. This includes:

• Real estate transfers and mortgage deeds
• Incorporation of companies and amendments to corporate charters
• Estate planning, wills, and inheritances
• Marriage contracts and prenuptial agreements

In these matters, the notary ensures that all parties understand the transaction, verifies compliance with applicable law, and officially records the deed in public registers. The resulting notarial deed carries probative value, meaning it is considered conclusive evidence in court unless proven otherwise.

Why the Difference Matters

The divergence between U.S. and Sint Maarten notaries stems from their underlying legal traditions. The U.S. system is based on English common law, where private contracts are self-executing and courts intervene only when disputes arise. Sint Maarten’s civil law system, by contrast, relies on preventive justice—where notaries act as neutral legal gatekeepers ensuring transactions are valid before they occur.

For individuals or investors accustomed to the American process, this difference is critical. In Sint Maarten, you cannot buy or sell property, form a company, or execute a will without a notary’s participation. The notary serves both as a legal advisor and as an official custodian of the transaction’s legitimacy.