Notary public in the USA vs. notary (Notar) in Austria

Unlike a notary public in the USA, Austrian notaries are top lawyers. They practise a challenging and demanding profession that is one of the core legal professions and is strictly regulated accordingly. Only the best university graduates are offered positions as trainee notaries and can pursue a career as a notary. Those who choose this path then complete several years of additional training. You will therefore hardly find more highly qualified lawyers.

Training to become a notary public in the US legal system is completely different

The notarial profession in the USA differs significantly from that in Austria and continental Europe. In terms of training, qualifications, powers and expertise, a notary public is not remotely comparable with notaries in the Austrian or continental European tradition. As a rule, a notary public is not even a lawyer. Many notaries public carry out this role as a sideline to their main profession (for example as estate agents). Some employees of post offices, UPS Stores or copy shops also hold a notary public “licence”, and notarial services are offered there as an additional service (see, for example, here).

The role of notaries is also completely different in the USA

A notary public also performs very different tasks from Austrian and continental European notaries (see also here). The role of a notary public is limited to simply certifying documents or confirming a person’s identity. A notary public neither gives legal advice nor drafts deeds recording legal transactions. Notaries public are in fact expressly prohibited from giving a legal opinion, let alone legal advice. In Austria, by contrast, independent and impartial legal advice, together with the drawing up of public deeds, is one of the central tasks of a notary.

It is therefore not surprising that in the USA it is highly unusual to entrust a notary public with funds in trust or escrow accounts. Receiving and forwarding payments is not one of a notary public’s duties in the USA, and they do not hold the corresponding position of trust.

A notary public is fundamentally different from the Austrian notarial profession

In short, despite superficial similarities, a notary public in the USA cannot be compared with Austrian or continental European notaries. As a rule of thumb, the similarities end where a notary’s legal training or position of trust confers special responsibility. Ultimately, this is what fundamentally distinguishes the profession of notary public in the USA from the Austrian or continental European notarial profession.

More information about notaries public in the USA: Link