Abstract

MARIN-BEJARANO, María José; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Independence of the notarial service in relation to sanctions for non-compliance with resolution UAFE-DG-2020-0089. Noesis [online]. 2025, vol.7, n.esp1, pp.1539-1556.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.509.

The prevention of money laundering has required greater state involvement; however, the UAFE incorporated notaries by means of a resolution, a provision considered unconstitutional because it violates notarial independence. This measure increases the workload of notaries with functions outside their training, accompanied by economic and administrative sanctions. The objective of this research is to describe the ways in which these sanctions affect notarial autonomy for failure to submit reports on operations and transactions related to the prevention of money laundering and crime financing. The methodology is based on the analysis of UAFE resolutions and professional interviews in order to understand the impact of the role of compliance officer on the notarial function. The results show that the prevention of financial crimes requires specialists in criminal and financial matters, which is why the repeal of the obligation imposed on notaries is proposed.

Keywords : Money Laundering; Notarial Function; UAFE; Notary..

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