Justice Minister says new notary bill marks 'historic leap'

Morocco’s justice minister said Tuesday that a proposed law regulating the notarial profession represents a major step in the country’s broader judicial and legal reform.

Justice Minister Abdelatif Ouahbi described Bill 16.22 as a “qualitative leap” that follows nearly two decades of applying the current framework, Law 16.03, saying the period provided sufficient experience to assess shortcomings and adapt regulations to practical realities.

Speaking at a parliamentary workshop organized by the House of Representatives’ Justice and Legislation Committee, Ouahbi said the bill responds to “urgent needs driven by national transformations and international developments.”

He said the draft law reflects a determination to close regulatory gaps and strengthen a profession he described as vital to the justice system, ensuring its resilience and ability to meet citizens’ expectations.

Ouahbi said the bill was prepared through a consultative process involving the National Notaries Authority, the Higher Scientific Council, noting the profession’s roots in Islamic law, and the Higher Council of Judicial Authority.

The minister said the reform aligns with royal directives and recommendations in Morocco’s national justice reform charter, particularly those related to access to legal professions and the promotion of transparency, integrity and good governance. It also aims to modernize notarial services through digital transformation.

According to Ouahbi, the bill introduces several changes, including allowing notaries to temporarily suspend practice for scientific, religious or health reasons for up to one year, renewable four times, and requiring notaries to maintain offices equipped with modern technical and digital tools.

The proposal classifies notarial services as part of the public service, sets rules for justified absences and the temporary appointment of substitute notaries, and makes civil liability insurance mandatory for professional errors. It also regulates joint practice and shared office arrangements.

Other provisions include a six-month deadline to begin practice after appointment, disciplinary sanctions for unjustified absence, and a requirement for annual medical certificates for notaries aged 70 and older.

The bill updates procedures for drafting and certifying documents, allowing digital preparation as the standard and handwritten documents only in exceptional cases. It introduces qualified electronic signatures for judges overseeing notarization, with a maximum processing time of three days.

Documents would be preserved in both paper and digital formats by notaries and supervising judges, with secure electronic archiving on a protected national platform and mandatory daily electronic submission. The law also regulates the electronic issuance of copies.

For the first time, the bill formally regulates “shahada lafif,” a traditional form of collective witness testimony. The proposed framework limits the number of witnesses to 12, sets detailed procedures to prevent fraud, and establishes legal rules governing challenges and denials of such testimony.