The Libyan National Notary Public Authority has announced that it will temporarily use new memoranda for preservation, which will be received without the signatures of contracting parties. This move has sparked a wide debate among professionals, who are questioning the usefulness of these memoranda without signatures. The authority's head, Suleiman Adkhoul, has sent a message to the heads of regional notary public councils, requesting that they provide the authority with requests related to preservation memoranda.
Adkhoul stated that all current preservation memoranda will be stamped and new ones will be opened to start work with them, starting from the date of entry into force of the new law. This law, numbered 051.26, regulates the notary public profession and will come into effect on November 9, 2026. The new approach aims to prepare for the implementation of the law and the application of its Article 199, which provides a temporary solution for managing the transitional phase.
In a training meeting held by the Regional Notary Public Council in Al-Darbiyah, Adkhoul stated that he met with officials from the Ministry of Justice to discuss the implementation of the new law. He mentioned that a new memorandum will be used, without the current formalities, and that it will be used temporarily. The new memorandum will include brief data, such as the contract or certificate number and subject, without signatures.
However, Idris Al-Ilmami, the national writer for the National Notary Public Union, stated that notary publics are confused about which memoranda to use. He mentioned that the National Notary Public Authority is talking about using new memoranda, while the High Council of Judicial Authority's circular suggests that current memoranda will be used until a regulatory text is issued.
Al-Ilmami expressed concerns about the purpose of the new memoranda and the lack of signatures from contracting parties. He also stated that the Ministry of Justice should have set a date for the entry into force of the law, allowing enough time for the completion of its application texts.
Idris Trali, head of the Regional Notary Public Council in Beni Mellal, explained that the preservation memorandum is closer to replacing the original contracts and certificates than replacing the brief data register. He mentioned that the signatures of parties are essential and that the new law will require contracts and certificates to be submitted to the judge in copies for signature.
Trali also stated that it will be difficult to implement the new memoranda with judges, as they will have to follow the legal text and not contradict it. He emphasized that the circular from the High Council of Judicial Authority calls for the proper implementation of the law.
Key points
- The Libyan National Notary Public Authority has announced the use of new memoranda for preservation without signatures from contracting parties.
- The move has sparked a debate among professionals, who are questioning the usefulness of these memoranda.
- The new law regulating the notary public profession will come into effect on November 9, 2026.
