Legislation Details
- Full Title: Federal Decree by Law Regulating the Notary Profession
- Law Type: Federal Decree-Law
- Law Number: [20] of 2022
- Issued Date: 26 Sep 2022
- Effective Date: 28 Dec 2022
- Official Gazette: No. 736
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 116
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates the notary profession in the United Arab Emirates. It defines the functions and obligations of public and private notaries, including drafting and notarizing documents, administering oaths, and verifying the identity and capacity of parties involved. The law also establishes the procedures for appointing and licensing notaries, as well as the disciplinary mechanisms for private notaries. This legislation is important for businesses and individuals in the UAE who require notarial services for various legal and commercial transactions. It aims to standardize and professionalize the notary profession across the country. (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 1-58)
What is the scope and purpose of this law?
The provisions of this Federal Decree-Law apply to all persons performing notarial duties in the UAE, including the free zones, with the exception of local judicial authorities whose notarial services are governed by local legislation. The law regulates the functions, obligations, and disciplinary mechanisms for both public and private notaries in the country. Its purpose is to standardize and professionalize the notary profession in order to facilitate legal and commercial transactions for businesses and individuals in the UAE. (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 2-3)
What are the key definitions under this law?
The law provides the following key definitions:
- Notary: The natural person who performs the functions described in this Decree-Law, including both public and private notaries.
- Public Notary: An employee of the Competent Department who is designated to perform notarial services.
- Private Notary: A natural person authorized to perform notarial services.
- Instrument: Every document, contract, notice, or warning drafted or notarized by the notary.
- E-Document: An electronic record, email message, or data statement created, stored, or transmitted through IT tools.
- E-Signature: A signature in electronic form, attached to or associated with an e-document.
(Federal Decree by Law Regulating the Notary Profession, 2022, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements for notaries under this law include: 1. Verifying the identity, capacity, and consent of the parties involved before carrying out any transaction. (Art. 7) 2. Drafting and notarizing documents, contracts, affidavits, wills, notices, and warnings as required by law or requested by parties. (Art. 4) 3. Administering oaths and establishing the date of private instruments. (Art. 4) 4. Maintaining a register to record all instruments and transactions. (Art. 9) 5. Drawing up minutes and issuing certificates from the register. (Art. 10) 6. Complying with the Notary Code of Ethics and Professional Conduct. (Art. 47) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 4, 7, 9-10, 47)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing and registration requirements: 1. Public notaries are appointed as employees of the Competent Department. (Art. 24-25) 2. Private notaries must obtain a license from the Competent Department, subject to certain conditions. (Art. 29-30) 3. Lawyers are permitted to perform private notary duties. (Art. 31) 4. A Private Notary Admission Committee is responsible for overseeing the licensing of private notaries. (Art. 33-34) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 24-31, 33-34)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to notaries or parties using notarial services. The focus is primarily on regulating the obligations and disciplinary mechanisms for notaries. (Federal Decree by Law Regulating the Notary Profession, 2022)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Justice, which oversees the Competent Department in charge of notary affairs. (Art. 1) 2. The Department Director, who is responsible for the Competent Department's supervision of notaries. (Art. 1, 42) 3. The Private Notary Admission Committee, which oversees the licensing and disciplinary matters for private notaries. (Art. 33-34, 35-40) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 1, 33-34, 35-40, 42)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Performing notarial duties without a license: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000. (Art. 48) 2. Disclosure of work secrets: Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 100,000. (Art. 49) 3. The law also states that a harsher penalty prescribed by another applicable law may be imposed. (Art. 50) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 48-50)
What fees, charges, or financial provisions are specified?
The law states that the Executive Regulations will specify the fees for notarial services. (Art. 54) It also exempts government bodies from paying these fees. (Art. 53) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 53-54)
What exemptions or exceptions apply?
The law does not specify any exemptions or exceptions to its scope of application. It states that the provisions apply to all persons performing notarial duties in the UAE, except for the local judicial authorities whose notarial services are governed by local legislation. (Art. 2) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 2)
How are disputes resolved under this law?
The law does not outline any specific dispute resolution mechanisms. It focuses on the disciplinary procedures for private notaries, which are handled by the Private Notary Disciplinary Board. (Art. 36-40) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 36-40)
What are the key deadlines and time limits?
The law does not specify any key deadlines or time limits for notarial transactions or procedures. (Federal Decree by Law Regulating the Notary Profession, 2022)
How does this law interact with other UAE legislation?
This Federal Decree-Law repeals Federal Law No. 4 of 2013 Regulating the Notary Profession. (Art. 57) It also references and builds upon several other UAE federal laws, including: - Federal Law No. 1 of 1972 on the competences of ministries - Federal Law No. 3 of 1983 on the Federal Judicial Authority - Federal Law No. 5 of 1985 on the UAE Civil Code - Federal Law No. 10 of 1992 on the Law of Evidence - Federal Law No. 11 of 1992 on Civil Procedure - Federal Decree-Law No. 11 of 2008 on Human Resources in the Federal Government - Federal Law No. 6 of 2012 Regulating the Translation Profession - Federal Law No. 14 of 2016 on Violations and Administrative Penalties - Federal Decree-Law No. 26 of 2019 on Public Finance - Federal Decree-Law No. 31 of 2021 Promulgating the Penal Code - Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 57)
When did this law come into effect?
This Federal Decree-Law No. 20 of 2022 Regulating the Notary Profession was issued on 26 September 2022 and came into effect on 28 December 2022, as per the publication in Official Gazette No. 736. (Art. 58) (Federal Decree by Law Regulating the Notary Profession, 2022, Art. 58)
Source Documents
This article analyses Federal Decree by 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.