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Kier Joffe Attorneys at Law
Buenos Aires, Argentina
Consultation Free · 15 minutes

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When a sworn statement needs legal advice - and when it needs a notary

In Argentina, a sworn statement is commonly called a declaración jurada. Depending on its purpose, it may be signed before an escribano (notary), submitted on an agency’s form, or recorded in a notarial act. The receiving authority’s instructions determine which form is acceptable.

A notary can verify identity, certify a signature, or record a declaration as a public instrument. Those services do not necessarily establish that the facts stated are true. A lawyer can help assess legal consequences, prepare precise wording, and identify supporting documents.

Buenos Aires may mean the Autonomous City of Buenos Aires (CABA) or the Province of Buenos Aires. Notarial regulation differs between them, so confirm where the document will be signed and which authority will receive it before arranging the service.

When a lawyer can make a practical difference

  • An immigration or consular application requires a declaration. A lawyer can check the receiving authority’s required wording, evidence, translations, and authentication rules before you sign.

  • You are making a declaration for a court case in Argentina. Legal advice can help ensure the statement addresses the relevant issues and does not conflict with pleadings, records, or other evidence.

  • A company or public body requests a sworn statement. A lawyer can clarify who has authority to sign and whether the declaration creates contractual, regulatory, or personal exposure.

  • You need to use a Buenos Aires document abroad. Advice can help establish whether the destination requires notarisation, an apostille, legalisation, or a certified translation.

  • The facts are disputed or difficult to document. A lawyer can help distinguish what you know personally from what records or other witnesses may need to prove.

  • You are asked to sign a statement with significant consequences. Get advice before signing if it concerns a financial, employment, family, or administrative dispute, or if you are unsure whether every assertion is accurate.

Local laws governing sworn statements and notarial acts

Argentine Civil and Commercial Code, enacted by Law 26,994: Effective from 1 August 2015, it sets national rules for public and private instruments, including their formal requirements and evidentiary effects. Whether a declaration needs to be a public instrument depends on the transaction and the receiving authority’s requirements.

Law 404 of the Autonomous City of Buenos Aires: This 2000 law regulates notarial activity in CABA. It is relevant when an escribano in the city performs a notarial act or other notarial service.

Law 9,020 of the Province of Buenos Aires: This 1978 law governs notarial activity in the province. It applies to provincial notaries, rather than replacing CABA’s separate notarial rules.

These rules do not create one universal form for every sworn statement. The document’s purpose, the signing location, and the recipient’s instructions all matter.

Frequently asked questions

Do I need a lawyer to make a sworn statement in Buenos Aires?

Not always. Many people can make a declaration directly before a notary or complete a form supplied by the receiving organisation. A lawyer is useful when the wording could affect legal rights, liability, or a dispute.

What is the difference between a sworn declaration and a notarial act?

A sworn declaration is a statement made under the required form, which may include a declaration of truth. A notarial act is a record prepared by a notary, such as a record of a person’s statements. The notary’s involvement does not automatically verify the truth of every fact stated.

Can a notary simply certify my signature?

A notary may be able to certify that a person signed a document, subject to the applicable rules and service requested. Signature certification is not the same as confirming the document’s contents or advising that its wording is legally suitable. Check whether the recipient requires a signature certification or a notarial act.

Can I use a form supplied by an embassy, court, or government agency?

Often, the supplied form is the safest starting point because it may specify the required wording and signing method. Confirm whether it must be signed before a notary, submitted in Spanish, translated, or accompanied by other records. Do not change prescribed wording without checking first.

Who is eligible to make a sworn declaration?

Eligibility depends on the declaration and the recipient’s rules. The signer generally needs to establish their identity and understand what they are declaring, while a company declaration may also require proof of signing authority. Ask the receiving organisation about any age, capacity, or representation requirements.

How much does a lawyer or notary charge?

There is no single price for every declaration. The cost depends on whether you need document drafting, legal advice, a notarial act, signature certification, translations, or authentication. Request a written estimate that separates professional fees from notarial and third-party charges.

How long does the process take?

A straightforward appointment may be available within a few days, and some documents can be signed during one visit if the paperwork is complete. Drafting, correcting records, obtaining translations, or arranging an apostille can add time. Confirm the deadline with the recipient before booking.

Can I sign a declaration in English?

That depends on who will receive it and where it will be used. An Argentine authority may require Spanish or a translation by an authorised translator, while a foreign authority may prescribe a different language or format. Check those requirements before signing.

Can a Buenos Aires declaration be used abroad?

Possibly, but the destination country and institution decide what they will accept. They may require an apostille or other legalisation, and may also require a certified translation. Confirm the chain of authentication before arranging the notarial document.

Is an apostille the same as notarisation?

No. Notarisation concerns the notary’s act or certification, while an apostille authenticates the origin of a public document for use in a country where the Apostille Convention applies. An apostille does not confirm that the statement’s contents are true or legally sufficient.

Can I correct a declaration after signing it?

Do not alter a signed or notarised document without checking with the recipient and the notary. A corrected version or a new declaration may be required, particularly if the original was recorded as a notarial act. Keep copies of every version and ask which one remains valid for the intended filing.

Official resources in Buenos Aires

  • College of Notaries of the City of Buenos Aires: Provides information about notarial services and can help users locate notaries practising in CABA.

  • College of Notaries of the Province of Buenos Aires: Provides information about notarial services and notaries practising in the Province of Buenos Aires.

  • Argentine Ministry of Foreign Affairs, International Trade and Worship: Provides official information about apostilles and legalisation for Argentine documents intended for use abroad.

Next steps to find and hire the right lawyer

  1. Identify the recipient and purpose. Within a day, ask the court, agency, employer, consulate, or other recipient for its written requirements, deadline, and approved form.

  2. Confirm the relevant jurisdiction. Establish whether the document will be signed in CABA or the Province of Buenos Aires, and where it will be filed or used.

  3. Gather the paperwork. Collect identification, the recipient’s instructions, relevant records, existing drafts, and any translation or authentication requirements before requesting advice.

  4. Contact two or three lawyers. Ask about their experience with declarations for the relevant authority, who will prepare or review the wording, expected timing, and the total fee. Allow a few working days for initial consultations.

  5. Confirm whether a notary is also needed. Ask whether the recipient requires a signature certification, a notarial act, or another form, and obtain a separate estimate for notarial services if necessary.

  6. Review the final document before signing. Check every factual statement, name, date, attachment, and required language. Do not sign until the lawyer or notary has confirmed that the signing method matches the recipient’s instructions.

  7. Arrange filing and authentication promptly. After signing, submit the document as directed and arrange any required translation or apostille. Keep the original, copies, receipts, and proof of submission.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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