Legislation Details
- Full Title: Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession
- Law Type: Federal Decree-Law
- Law Number: No. (16) of 2024
- Issued Date: 08 Mar 2024
- Effective Date: 16 Mar 2024
- Official Gazette: No. 771
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 59
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Decree-Law No. (20) of 2022, which regulates the notary profession in the United Arab Emirates. The Resolution outlines the procedures for executing and notarizing documents, administering oaths, and maintaining the register of private notaries. It also sets forth the requirements for private notaries to obtain the power to administer oaths and notarize affidavits, as well as the controls and procedures for correcting instruments and obtaining copies of retained documents. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024) The Resolution is significant for businesses and individuals in the UAE, as it provides a comprehensive framework for the notarization of important documents and instruments. It ensures consistency and transparency in the notary profession, which is crucial for legal and commercial transactions. Compliance with the Resolution's requirements is essential for individuals and entities seeking to have documents officially notarized in the UAE. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024)
What is the scope and purpose of this law?
The Cabinet Resolution establishes the executive regulations for Federal Decree-Law No. (20) of 2022, which regulates the notary profession in the UAE. The Resolution applies to both public notaries and private notaries, and it governs the procedures for executing and notarizing documents, contracts, and instruments, as well as the administration of oaths and the maintenance of the register of private notaries. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- Profession: The notary profession, whether carried out by the Public Notary or the Private Notary.
- Office: An office licensed by both the Competent Licensing Authority and the Ministry for carrying out the Profession in the State.
- Competent Licensing Authority: The local authority or free zone authority, as the case may be, in charge of issuing the Office's professional license.
- License: The document issued by the Ministry, and which includes its approval for the Private Notary to carry out their duties through the Office.
- Roster: The Private Notary registration roster.
- Institute: The Judicial Training Institute of the Ministry of Justice.
- Decree-Law: Federal Decree-Law No. (20) of 2022, Regulating the Notary Profession.
(Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 1)
What are the main obligations and requirements?
The Resolution outlines the following key obligations and requirements for notaries: 1. Notaries must verify the eligibility, capacity, and consent of the persons concerned before executing and notarizing documents, contracts, and instruments. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 2) 2. Notaries must administer oaths according to the prescribed procedures, including reading out the instrument, having the oath-taker swear by Almighty God, and recording the oath administration in a report. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 3) 3. Private notaries must submit an application to the Competent Department and meet certain conditions to be granted the power to administer oaths and notarize affidavits. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5) 4. Notaries must keep copies of documents relied upon for identity verification and transaction eligibility in the designated register. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 7)
What licensing, registration, or approval requirements exist?
The Resolution outlines the following licensing and registration requirements: 1. Private notaries must be registered in the Private Notary Roster maintained by the Ministry of Justice. The Resolution sets forth the conditions for registration, including being a UAE citizen, holding a law or Sharia and law degree, and having good conduct. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 12-15) 2. Private notaries must obtain a license from the Ministry of Justice to carry out their duties through a licensed office. The Resolution specifies the procedures for issuing and renewing the office license. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 19-21) 3. Private notaries seeking the power to administer oaths and notarize affidavits must submit a separate application to the Competent Department and meet additional requirements, such as having been registered in the Roster for at least three years and not having been sanctioned. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5)
Which authorities or bodies are responsible for enforcement?
The Resolution establishes the following authorities and bodies responsible for the governance and enforcement of the notary profession: 1. The Ministry of Justice, which is responsible for issuing the license for private notaries to carry out their duties and maintaining the Private Notary Roster. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 1, 12-15, 19-21) 2. The Competent Licensing Authority, which is the local or free zone authority responsible for issuing the professional license for the notary office. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 1) 3. The Competent Department within the Ministry of Justice, which is responsible for reviewing applications, granting the power to administer oaths and notarize affidavits to private notaries, and overseeing the notary's functions. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5, 25) 4. The Committee, which is responsible for deciding on applications for the power to administer oaths and notarize affidavits submitted by private notaries. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5)
What rights and protections does this law provide?
The Resolution does not explicitly mention any specific rights or protections granted to individuals or businesses under this law. The focus of the Resolution is on establishing the procedures and requirements for the notary profession, rather than outlining rights or protections. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance with its provisions. The legislation states that "failure to do the same shall constitute a basis to hold the Notary accountable on disciplinary grounds", but it does not provide details on the actual penalties. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 7)
What fees, charges, or financial provisions are specified?
The Resolution mentions the following financial provisions: 1. Persons concerned must pay the prescribed fees for the notarization of documents, contracts, and instruments, as per the applicable mechanism. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 2) 2. Persons concerned must pay the prescribed fee for obtaining a copy of instruments retained in the notary's files. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 11) 3. Persons concerned must pay the prescribed fee for the correction of instruments. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 10) However, the Resolution does not specify the actual fee amounts for these services.
What exemptions or exceptions apply?
The Resolution does not mention any exemptions or exceptions to its provisions. It applies to all notaries, both public and private, operating in the United Arab Emirates. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024)
How are disputes resolved under this law?
The Resolution does not provide details on the dispute resolution mechanisms under this law. It only states that private notaries whose applications for the power to administer oaths and notarize affidavits are rejected may file a grievance to the Minister against the rejection decision. The Minister's decision in this case is final. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. The Competent Department must present the private notary's application for the power to administer oaths and notarize affidavits to the Committee within 40 business days from the date of submission. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5) 2. The applicant must be notified of the Committee's decision within 10 business days from the date of issuance. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5) 3. An applicant whose application is rejected may file a grievance to the Minister within 10 business days from the date of notification or becoming aware of the decision. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Art. 5)
How does this law interact with other UAE legislation?
The Resolution references the following related legislation: 1. Federal Law No. (1) of 1972, on the Competences of Ministries and the Powers of Ministers, as amended. 2. Federal Decree-Law No. (20) of 2022, Regulating the Notary Profession. 3. Federal Decree-Law No. (46) of 2021, on Electronic Transactions and Trust Services. The Resolution establishes the executive regulations for implementing Federal Decree-Law No. (20) of 2022, which regulates the notary profession in the UAE. It also references the provisions of Federal Decree-Law No. (46) of 2021 regarding the use of electronic seals and transactions. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Preamble, Art. 8, Art. 9)
When did this law come into effect?
The Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession was issued on 08 March 2024 and came into effect on 16 March 2024, as stated in the legislation. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession, 2024, Issued Date, Effective Date)
Source Documents
This article analyses Cabinet Resolution on the Executive Regulations of Federal Decree-Law Regulating the Notary Profession for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.