How not to translate “notary” into Spanish
2013/01/20 1 Comment
Many of the words we explore in this column have to do with everyday culture: la yapa and “lagniappe” for that little something extra; “¡Felicidades!” and “¡Felicitaciones!” as two varieties of congratulation; the nearly untranslatable piropo for a very special kind of compliment; a comparison of “my better half” and mi media naranja.
Much of our translation work, in contrast, is legal in nature: contracts, wills, powers of attorney, divorce decrees. and an endless array of other kinds of legal documents.
In that work, it’s common to have to translate the title “notary public”. “Notary”: what a trap that word lays for the unwary! Because the obvious, seemingly direct—and all-too-common—translation as notario or notario público is absolutely, dead wrong. Notario is a “false friend”, linguists’ term for words with similar appearance and origins but different meanings. Thus Spanish fábrica (factory) is not fabric, a sentencia (a legal judgment) is not a sentence (punishment), a compromiso (commitment) no compromise.
In Spanish-speaking countries, notarios (they’re público by definition, as the position requires government authorization) are attorneys specialized in legalization of documents and a wide range of civil-law matters. In Argentina, Uruguay, and Paraguay, the equivalent title is escribano. In the US, notaries public receive training and must know and comply with the regulations of the state that licenses them as to verifying the identity of an individual who signs a document, taking oaths, and other notarial functions.
But they are not attorneys, any more than a skilled welder is a civil engineer. (Louisiana and Puerto Rico, with roots in the civil-law tradition, are special cases, as is Quebec in Canada; in those jurisdictions there is a civil-law notary equivalent to the notario of the Hispanic world.)
Thus the frequent mistranslation of “notary” as notario, besides being incorrect, can mislead many Spanish speakers into thinking of these individuals as attorneys.
There are those who use notario innocently, unaware of how problematic this term is; others do so knowingly, with fraudulent intent. In either case, the resulting misunderstanding in the immigrant communities can have quite serious consequences.
In fact, this erroneous translation is expressly prohibited by law in selected states. In Section 406.017 (Representation as Attorney) of the Government Code of Texas, for instance, Subsection (a)(4) makes it an offense for any notary public to “use the phrase ‘notario’ or ‘notario publico’ to advertise the services of a notary public, whether by signs, pamphlets, stationery, or other written communication or by radio or television[.]” Indeed, under Texas law, a notary who uses that mistranslation is committing the same offense as if he or she were explicitly claiming to be an attorney—and the law makes no distinction as to whether the individual’s intent is fraudulent or not.
Here is Section 8219.5 of the California Government Code: “Literal translation of the phrase ‘notary public’ into Spanish, hereby defined as ‘notario publico’ or ‘notario,’ is prohibited.” New Mexico’s Notary Public Act contains a similar prohibition: “A notary public shall not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice or sign.” (NMSA 14-12A-15)
Tennessee, like many states, requires notaries who advertise to post “conspicuous” notice in English and in the language of the advertisement, containing the phrase “I am not an attorney licensed to practice law in the State of Tennessee, and I may not give legal advice or accept fees for legal advice.” (T.C.A. 8-16-401) The Tennessee Attorney General has also, in the past few years, begun to prosecute individuals who advertise as “notarios” without the requisite disclaimer.
Our general recommendation is to translate “notary” as fedatario, the Spanish term for an official authorized to attest to the legitimacy of signatures and oaths. Even importing the English word into Spanish (“Necesito un notary“) is infinitely preferable to its mistranslation as notario, with its confusing and legally dangerous connotations. The price of this mistranslation is simply too high: a community’s trust abused, millions of dollars lost, immigrants deported, families broken apart.
Copyright ©2013-2015 Pablo J. Davis. All Rights Reserved. A version of this essay was originally written for the January 27, 2013 edition of La Prensa Latina (Memphis, Tennessee), as part of the weekly bilingual column Mysteries & Enigmas of Translation/Misterios y Enigmas de la Traducción. Enlace para español/Link here for Spanish