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Justice Minister Unveils Updates on the New “Notaries Law”: Comprehensive Digitization and Structural Reforms to Enhance Judicial Efficiency
Justice Minister Abdellatif Wahbi announced the details of Bill No. 16.22 concerning the regulation of the notary profession, which marks a qualitative leap in the modernization of legal and judicial professions in Morocco. During his presentation of the project to the Justice Committee in the House of Representatives, the minister emphasized that this reform aims to overcome the shortcomings demonstrated by the practical application of the current law over the past two decades, striving to strengthen the profession’s resilience and ensure its sustainability in line with national and international transformations.
At the forefront of these updates is the imposition of “digitization” as a fundamental option in documenting contracts, with the bill stipulating the necessity of drafting contracts and certificates electronically on specialized paper that ensures complete preservation. Manual drafting will be limited to exceptional cases and subject to precise aesthetic and technical conditions. To enhance legal protection, the new law mandates notaries to submit all documents generated electronically daily via a digital platform affiliated with the Ministry of Justice, ensuring immediate provisional preservation of data and protection against damage or loss.
Additionally, the project emphasizes the dignity of the profession by imposing suitable conditions for notarial offices, prohibiting the practice in unfit premises. It requires offices to be equipped with modern technological and informational means to receive clients. The debate on the professional title has also been settled, adopting exclusively the term “Notary Profession” to eliminate confusing names such as “Notary Adjudicator,” which have caused public misunderstandings.
Regarding access and continuity, the law enshrines the principle of equality and equal opportunities by explicitly stating a woman’s right to join the profession and establishing a competitive examination for all candidates, including those holding a doctorate degree. The project also introduces supervisory measures to ensure service quality, including requiring notaries aged 70 and above to present an annual medical certificate proving their ability to work, as well as establishing civil liability for notaries for their professional errors, with a requirement for them to insure against these.
On the procedural side, the project organizes for the first time the “Writ of Moiety” with stringent controls to prevent manipulation and fraud, specifying the number of witnesses at twelve according to precise reception procedures. The project also grants special protection to notarial offices, forbidding the enforcement of eviction orders without notifying the head of the relevant regional council, ensuring the interests of the parties and protecting the deposited contracts. Finally, the law assigns the National Notaries Association the task of establishing a “Code of Conduct” for professional ethics to accompany ongoing modernization and ensure the best services for citizens.
