Frequent questions
In this section we will try to answer frequently asked questions regarding the function of the public corridor.
If you have particular questions, you can send them through this medium:
The opinions on this page are the personal opinions of Baja California Public Broker 25 and do not (probably) represent the opinion of other public brokers or any particular college.
It is allowed to replicate the comments made here and contribute with respect to these or other topics of interest which will be published.
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01
Is the Public Broker a Notary?
No. Although the figures of the Notary Public and the Public Brokerage have a Fedataria quality to authenticate and attest to certain acts, both figures are essentially different, both in origin and evolution.
Originally both figures were born, evolved and developed in different areas, because while the Corredor Público was born out of a daily need to ensure the efficiency of commercial transactions, the notary has its origin as a narrator of events who took "notes" of some events .
Later, due to their drafting and conservation functions that remain today, both figures take the name of Notaries, but with certain specialties; the ancestors of the notary public as Notaries specialized in very specific local matters (as were the Judicial Notaries, for example), and the predecessors of the Corredores Públicos as Notaries Specialized in commercial matters of great generality (as were the Notaries of the Consulate of the Sea for example).
The difference is further deepened, if we take into account the Notary, when obtaining his patent by the Local Government, he is only a notary in his city or municipality, while the Corredor Público, when obtaining his qualification title by the Federal State, is a Notary throughout the national territory, and even with the possibility of exercising some of its functions beyond the borders.
The notary for his exercise obtains a "Patent", which according to the Dictionary of the Royal Academy of the Spanish Language, is defined in general terms as a "Privilege", while the Corredor Público obtains a qualification title, which in general terms According to the Dictionary itself, it is defined as the aptitude or capacity for a certain thing or function, and therefore accessible to any person who reliably demonstrates said aptitude or capacity.
Despite the fact that currently both figures establish as a prerequisite being a Law graduate, and passing two exams respectively, the notary is only a Notary Public, hence both the aspiring notary exam and the opposition exam are essentially identical, while that the Public Broker, in addition to being a Notary Public, is recognized as an Expert Appraiser, Arbitrator, Legal Advisor specialized in commercial matters and Intermediary Agent, circumstances that make him a specialist who needs to demonstrate extensive general knowledge, and various specific knowledge.
02
Why does the public broker exist?
The Public Brokerage arises from the imperative need to have an auxiliary specialist of the Commerce and the Merchant, for their benefit and commercial transactions in general.
It is true that for more than a century, the Public Brokerage was reserved for a certain sector of society, however, both the profile and the formation of the modern Public Corridor are more focused on social benefit.
Today's Public Corridor has an encyclopedic knowledge of the law, its application and interpretation; The person who intends to qualify as a Public Broker, must also know in detail the nature of the trade, and its characteristics; the products, services and merchandise, as well as their peculiarities and those of the market; and must demonstrate at all times, that for your client is the friend and confidant, that helps prevent problems; to solve the existing ones; to excel in your activity; and always at all times taking care of quality and legality.
The brokerage is a specialized legal and expert office that brings together the best of the notary; the best of the applicant lawyer; the best of the consulting attorney; the best of appraisers; and the best of the courts for the benefit of the entire nation.
Furthermore, Public Brokers exercise their functions with great passion and altruism, and it is truly difficult, if not impossible, for us to know of a Public Broker licensed to practice as a Deputy, Senator, or Secretary of State.
The Public Brokerage is also a fundamental bulwark of gender equity and equal opportunities.
In Mexico City, and throughout the Mexican Republic, we can find Public Corridors of male or female sex, of traditional indigenous ethnic groups, older adults, and young people, all of them under the same banner of academic excellence and personal and preferential treatment. for those who request their services.
Is it true that public brokers and notaries are quarreling?
This is false. Public brokers respect the work of notaries and the scope of their actions; this is the local level.
Notaries have traditionally been performing functions that should correspond only to the public corridor, the latter being federal public notaries. VG, in the constitution of mercantile companies, in credit agreements with credit institutions, in trust agreements, etc.
However, public brokers believe and defend competitiveness and free competition, and we know that the more and better public notaries there are, the better service can be provided to society, which in the end, is the only thing that matters.
However, I can safely assert that the Mexican public brokerage has been the object of veiled attacks: that they are difficult to prove, since such attacks are carried out through the public powers, in which part of the notary public is embedded, forming an elite , an authentic “factual power”, since they are part of the Executive, Legislative and Judicial Powers, without ceasing to be notaries (they are so insofar as they never stop receiving income from “their” notary's office), violating Constitutional Articles 49 and 101 , and whose purpose has been exclusively to exclude Brokers in the notarization of real estate, which in itself is mostly commercial matter, since merchants participate, they are paid with commercial documents and, like any act of commerce, there is profit in the middle.
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Is it true that public brokers cannot grant powers?
This is ABSOLUTELY FALSE. Public brokers can attest to the granting of various types of representation (all representation implies the granting of powers), such as organic representation, the commercial commission, appointment of officials (directors, managers, factors, dependents, commercial agents, delegates trustees, liquidators, etc.).
Public brokers could not attest to the celebration in particular of a CIVIL MANDATE, which is a NOMINATED CONTRACT regulated by both federal and state civil laws.
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Do you know what a Public Broker is?
The public broker is the ideal auxiliary of commerce, to whom the federal executive through the Ministry of Economy grants the powers of mediator (broker), notary public (notary public), legal adviser, arbitrator, mediator, auctioneer and appraiser.
It is my wish to get closer and support merchants who are regularly or regularly engaged in the sale and purchase of vehicles (of any type) to offer them the following services:
LOST YOUR VEHICLE INVOICE OR DESTROYED IT?
COMMERCIAL BILLING BEFORE PUBLIC BROKER
a) Was your vehicle invoice lost or destroyed?
An invoice is a commercial document with which the conditions of purchase and sale of a good are established, and which serves to prove the possession and ownership of it.
Simply presenting yourself with an identification, two witnesses and the circulation card (if you have one), and in the brokerage we will issue you a commercial invoice, which will serve to prove the property before the state government treasury, before the public vehicle registry and before any authority.
b) Are you going to acquire (or sell) a vehicle and you need it to be invoiced in your name or in the name of the purchaser, or that the purchase and sale be reliably recorded and avoid civil or criminal liability for the vehicles you sell?
Make the sale before me, and I will issue you a policy (public instrument, such as the deed of a house), as well as a commercial invoice for the operation, that simple. I will prepare the respective purchase-sale contracts for you.
DO YOU WANT TO GRANT OR CREDIT YOUR CUSTOMERS TO ACQUIRE YOUR VEHICLES WITH THE SECURITY THAT THEY WILL PAY YOU, OR ARE YOU GOING TO RECOVER THE GOOD?
Do not limit your sales potential, enter into a commercial purchase-sale contract (with or without interest) in my faith that includes a pledge without transfer of possession over the vehicle, and once this is done, we will register it in the Unique Registry of Guarantees Furniture (The public registry of furniture), and you will have preferential rights (priority) against any third party, the guarantee being registered as a mortgage would be in the case of a property. In case of non-compliance, an easy and fast execution procedure is established before the public broker itself so that you can recover your property in a TWO FOR THREE.
DO YOU HAVE TOO MUCH VEHICLE INVENTORY AND WANT TO RENEW IT? DO YOU HAVE A FLOTILLE IN YOUR COMPANY AND DO YOU NEED TO RENEW IT? Or simply DO YOU NEED LIQUIDITY?
Do not sell directly, AUCTION YOUR VEHICLES. The auction or auction is a way of selling the goods, generally at market value. The public broker is authorized by legal provision to intervene in the organization and execution (as auctioneer) of any type of auction.
The broker will record the market value of the vehicles, so that both the buyer and the seller know that they are selling at a fair price, generally the starting price starts 20% below the market value, to make it attractive , many times what is left to gain in one piece of furniture is gained in another, but it is never lost.
The advantage is that of the purchase and sale operations, they will be recorded in a public instrument (deed), and in the same way the acquirer will have a way of having the invoice of the vehicle in his name, with the advantages described above.
Auctions are generally very attractive and part of the modern way of doing business.
I also offer you my intervention as a commercial intermediary (broker), legal advice to establish and / or strengthen your business and make it more profitable, as well as to give faith to the commercial operations that you carry out to give you legal certainty or to value your inventory or your assets to in order to make tax deductions, and act as arbitrator and mediator to resolve disputes with their clients or suppliers.
Come closer with me, I am sure I will make you put your business to the next level.
The public broker offers a comprehensive service for today's businesses, at reasonable prices, call me if you have a lot or business, I visit you at your home, the first visit does not cause fees, there will be special prices for volume.