A new law regulating the notary profession in Morocco is set to take effect, marking a significant legislative step in the country's notary system. The law, which was published in the official gazette 90 days ago, aims to establish new rules for notary practices, including the use of electronic documents and the organization of witness certificates. However, the delay in issuing regulatory texts related to the law has raised concerns among notaries.
According to Abd al-Razzaq Buita, general secretary of the Moroccan Association of Notaries, the new law is a crucial milestone in the development of the notary system in Morocco. However, he emphasized that the law does not fully meet the expectations of all professionals, given the challenges and struggles that notaries have faced during its preparation. Buita stated that notaries are willing to engage seriously and responsibly in implementing the law.
The delay in issuing regulatory texts is a significant concern for notaries, as it may create practical difficulties and lead to confusion in applying some of the new provisions. Buita called on the relevant authorities to address this delay and expedite the issuance of necessary regulatory texts to clarify the new provisions and provide the necessary conditions for effective implementation.
The new law introduces several significant changes, including the possibility of presenting contracts and certificates to the judge responsible for notarization on paper or electronic media, within a maximum period of three days. The law also allows for handwritten or electronic correspondence, with the document acquiring its official status after completing this process.
The law also provides for the electronic storage of documents and their daily deposit in a digital platform prepared by the Ministry of Justice. Additionally, the law organizes witness certificates, which are taken before two notaries to prove facts or rights that have no special legal means of proof. The law requires a minimum of 12 witnesses and obliges notaries to listen to each witness individually.
Regarding professional responsibility, the law establishes the civil liability of notaries for damages resulting from their professional errors and those of their employees and trainees. The law requires notaries to have an insurance contract that covers this liability, under penalty of disciplinary action. A regulatory text will determine the minimum insurance coverage.
The new law also provides for the integration of judicial clerks who are practicing the profession, provided they submit a request within three months of the law's publication in the official gazette. The law repeals the two previous laws regulating the notary profession and the profession of judicial clerk, while maintaining the regulatory texts issued to apply the previous legislation.
Key points
- The delay in issuing regulatory texts related to the new law has raised concerns among Moroccan notaries.
- The new law introduces significant changes, including the use of electronic documents and the organization of witness certificates.
- Notaries are willing to engage seriously and responsibly in implementing the law.
