Whabi: The Draft Law on Notaries is a Reformative Text to Address Professional Imbalances
Abdelatif Whabi, the Minister of Justice, stated that draft law number 16.22 related to the regulation of the notarial profession represents a pivotal moment and a qualitative shift in the path of reforming judicial and legal professions in Morocco, nearly two decades after the implementation of law number 16.03. This period has been sufficient to evaluate the experience and identify the practical imbalances and constraints that have emerged.
Whabi explained during a study day organized by the Justice and Legislation Committee of the House of Representatives regarding the aforementioned project that this reformative text arises in response to national transformations and international developments. It reflects a genuine will to overcome gaps and enhance the foundations of the notarial profession, ensuring its resilience, continuity, and ability to meet the aspirations of citizens and those interacting with the justice system.
The Minister of Justice, in a speech read on his behalf, emphasized the special significance of the project as it is the result of a participatory approach, whereby the ministry consulted with the National Notarial Body, sought the opinion of the Supreme Scientific Council, and consulted the High Council of the Judiciary.
The government official noted that the project translates royal directives and recommendations outlined in the national charter for reforming the justice system, particularly concerning the reconsideration of conditions for entering judicial professions and enhancing values of integrity, transparency, and governance, in addition to embracing digital transformation and leveraging modern technologies in notarial documentation.
Whabi pointed out that the text includes significant innovations to enhance rights and obligations, including the establishment of the right to a temporary suspension from practicing the profession for scientific, religious, or health reasons for one year, renewable four times, provided that a modern, well-equipped office is available, and the inclusion of notarial services within public service.
The project, according to the Minister of Justice, addresses the organization of justified absences and the appointment of another notary to manage office affairs, as well as establishing civil liability and compulsory insurance for professional errors. It also regulates methods of practicing the profession, whether individually or through participation in resources.
It stipulates precise controls, including a six-month deadline to commence practice after appointment, with disciplinary penalties for unjustified absences, and requiring notaries over seventy years old to present an annual medical certificate.
Regarding the modernization of contract and certificate drafting procedures, Whabi highlighted the mandatory reception of attestations at the office, regulation of cases of travel outside the area of jurisdiction, reliance on computerized documentation while allowing handwritten notes in exceptional cases, and the digitization of speech procedures, incorporating electronic signatures validated by the notary responsible for documentation within a maximum of three days.
The Minister of Justice noted that the project regulated the attestation of witnesses for the first time in Moroccan legislation, setting the number of witnesses at twelve and establishing precise procedures for reception to prevent any manipulation or fraud, in addition to organizing rules for revocation, denial, and legal validity.
The project also encompasses, according to the speaker, the dual preservation of contracts and certificates in both paper and digital formats, with electronic backup retention by the governmental authority responsible for justice through a secured digital platform, along with the daily electronic deposit of documents and the organization of electronic retrieval of copies while defining responsibilities and jurisdictions.
