أسئلة قانونية إماراتية عامةمرسوم بقانون اتحادي في شأن تنظيم مهنة الكاتب العدل

Article (1) Definitions The following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: The State : The United Arab Emirates. The Ministry : The Ministry of Justice. The Minister : The Minister of Justice. President of the Competent Court : President of the competent court of first instance. The Competent Department : The Ministry's organizational unit in charge of notary affairs. Department Director : The Competent Department's director. The Committee : The Private Notary Admission Committee. Notary : The natural person who performs the functions described in this Decree by Law, including both the Public Notary and Private Notary. Public Notary : An employee of the Competent Department who is designated to perform the notarial services according to the provisions of this Decree by Law. Private Notary : A natural person whose name is listed in the Competent Department's register, and is duly authorized to perform the notarial services, according to the provisions of this Decree by Law and its Executive Regulations.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 3 Register : A paper or electronic record in which the transactions conducted by the Notary are documented. Instrument : Every document, contract, notice or warning that is drafted or notarized by the Notary, or which is served upon the persons concerned, according to the provisions of this Decree by Law or any other applicable legislation. Drafting : The drawing up and notarization of the instrument directly by the Notary at the request of the persons concerned. Notarization : The Notary's attestation of the instrument and recording the same in the register, according to the provisions of this Decree by Law and its Executive Regulations. Person Concerned : Anybody who requests that the Notary carry out any transaction according to the provisions of this Decree by Law and its Executive Regulations. The Minutes : A document that contains summarized description of the procedures carried out by the Notary on the instrument, depending on the nature of every instrument, according to the provisions of this Decree by Law and its Executive Regulations. Interpreter : A natural person whose name is listed in the Ministry's interpreter register, or upon whom the Notary administers a legal oath to perform interpretation services in relation to a particular transaction or a set of specific transactions. Information Technology Tool (IT tools) : Any electronic tool used for carrying out logical and arithmetic calculations, or for storing, transmitting and receiving the data.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 4 E-Document : An electronic record, email message or data statement that is created, stored, extracted, copied, sent, communicated or received through any IT tool on an automated electronic medium, and is understandably retrievable. E-Signature : A signature made up of characters, numbers, symbols, voice, fingerprint or a processing system in an electronic form, and is attached to or logically associated with an e-document, and which intended to verify the identity of the signer and the latter's acceptance of the content of the associated data content. E-Information System : A set of software programs and IT tools that are used for the creation, processing, management, storage and exchange of e-information and the like.

Article (4) Functions of the Notary The Notary shall perform the following functions: 1. Notarize the documents and contracts required to be notarized by the law or persons concerned, according to the provisions of this Decree by Law and its Executive Regulations; 2. Administer the oath according to the provisions of this Decree by Law and its Executive Regulations; 3. Notarize the signatures of persons concerned; 4. Draft and notarize the affidavits; 5. Establish the date of private instruments as described in this Decree by Law and its Executive Regulations; 6. Notarize the wills of Non-Muslims; 7. Draft and notarize the notices, warnings and objections at the request of the persons concerned according to the provisions of this Decree by Law; 8. Communicate with the relevant entities for conducting the necessary verification when the drafting or notarization referred to in (7) of this Article cannot be made; 9. Affix the executive formula on the instruments according to the provisions of this Decree by Law; and 10. Any other functions assigned to them according to the provisions of this Decree by Law or any other applicable legislation.

Article (7) Verification of Identity and Capacity of Persons Concerned Before carrying out any transaction, the Notary shall take the following actions: 1. Verify the identity of the persons concerned, by reviewing the ID card, passport or any other official document issued by the State; 2. Verify the capacity, legal designation of the persons concerned and their consent regarding the contents of the underlying transaction; and 3. Read out the content of the underlying transaction and reveal the effects thereof, if the same is drafted or notarized by the Notary. In this respect, the Notary shall record in the Minutes that the content of the instrument has been read out in the presence of the persons concerned, and that the latter have been acquainted with, and accepted, such contents.

Article (8) Transactions of Persons with Special Cases 1. If any person concerned is illiterate, the Notary shall take their thumbprint affixed to the instrument, and shall record the same in the Minutes. 2. If any person concerned is afflicted with a disability that precludes the affixation of his / her signature or thumbprint, such a person shall designate any other person, whose identity shall be verified by the Notary based on his / her ID card, passport or the equivalent, to sign on behalf of the disabled person at the end of the instrument, and the same shall be recorded in the Minutes.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 7 3. If the Notary is unfamiliar with the language of the persons concerned, he shall engage an interpreter – whose name is listed in the Ministry's Interpreter Register – to interpret the matters required by the Notary in the presence of the persons concerned. Failing which, the concerned persons shall be required to engage an interpreter upon whom the Notary shall administer the oath. Such an interpreter shall sign at the end of the Instrument, and the same shall be recorded in the Minutes. 4. If any person concerned is afflicted with a disability that precludes his / her expression of his / her will in an ordinary manner, the Notary shall either engage any specialized interpreter, if any, or designate any person to provide assistance in this respect at the request of the persons concerned. The person so designated shall take the oath and sign at the end of the instrument, and the same shall be recorded in the Minutes. In which case, the persons concerned shall pay the fees of the interpreter or assistant. 5. If any concerned person is afflicted with a mental disability, the curator appointed by the competent court shall sign on his behalf.

Article (9) Register 1. The Competent Department shall keep a register in which the instruments are to be recorded. The pages of such a register shall be numbered and arranged by date, and the Register shall be free of any erasure, deletion, addition or breaks. If, however, the Register has any omission or clerical error, or where there is a need to make any correction, deletion or addition, the same shall take place in a paper or electronic format in the presence and under the signature of the persons concerned. In addition, the Notary shall sign the correction according to the procedures set forth in the Executive Regulations of this Decree by Law. 2. The Register referred to in Clause (1) of this Article shall have the evidentiary value in respect of the data, information and instruments recorded and preserved therein.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 8

Article (11) Drafting and Notarization of Affidavits 1. The Public Notary shall verify the identity, capacity, designation and consent of the persons concerned before the affidavits are drafted and notarized. 2. The Public Notary shall draft and notarize the affidavits after administering the oath upon the persons concerned, provided that the oath shall only be administered for the purpose of verifying the affidavits required by the persons concerned to be notarized. 3. The Private Notary may submit an application for administering the oath to the persons concerned and notarizing their affidavits, according to the conditions and procedures set forth in the Executive Regulations of this Decree by Law.

Article (13) Establishment of Private Instrument's Date 1. The Notary shall establish the date of private instruments by assigning serial numbers thereto in the Register, and shall draw up Minutes at the end of the Instrument establishing the date of its submission and its registration number in the Register. Such minutes shall be signed by, and stamped with the official seal of, the Notary and then delivered to the persons concerned, as described in the executive regulations of this Decree by Law. 2. Date establishment certificates may be issued to the persons concerned based on the information extracted from Register, and may only be delivered to third parties based on a written order from the Department Director.

Article (15) Notary's Obligations The Notary shall be required to comply with the following: 1. Keep a register for recording all the transactions that are drafted or notarized by the Notary;

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 10 2. Keep in the register original copies of the instruments which are drafted or notarized or their dates are established by the Notary, or any other transaction carried out by the Notary, chronologically numbered; and 3. Keep a copy of any documents or paperwork relied upon by the Notary in carrying out the underlying transaction according to the provisions of this Decree by Law and its Executive Regulations.

Article (16) Notary's Prohibitions The Notary shall be prohibited from: 1. Approval of the signatures of employees of the federal or local government, public authorities, public institutions or other government entities affiliated to any of them, on the certificates, documents or other paperwork signed by them ex officio; 2. Drafting or notarizing the signatures or establishing the date of any instrument, if it is proven that the person concerned is lacking the capacity, authority, or consent, or where the subject of the underlying instrument is manifestly void, involves violation of the applicable legislation, public order or public morals, or is intended to circumvent any of the same. In which case, the Notary shall reveal the reasons behind the rejection, so that any person concerned may file a grievance with the Department Director within seven (7) days from the date of being aware thereof, and the latter's decision shall be final; 3. Drafting or notarizing any instruments relating to the personal status of Muslims; 4. Drafting or notarizing any instruments relating to the creation, amendment of the provisions, or revocation, of endowment (waqf); 5. Drafting or notarizing any instruments relating to the creation, transfer, change or termination of any title to, or right in-rem over, any real property; 6. Drafting or notarizing any instruments whose drafting or notarization falls within the scope of competence of any other authority under the applicable legislation; 7. Performing any action in respect of which the Notary or any of their ascendants or descendants, spouse or their parents may have an apparent or hidden personal intertest, or accepting any of such persons as an interpreter or assistant;

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 11 8. Disclosing to a third party any information relating to the persons concerned and which comes to their knowledge ex officio; 9. Delivering any copy of any instrument to any person not a party to the underlying transaction except by a written permission of the Department Director; 10. Transferring any register, instruments or other official papers that are kept in their custody outside the office, and the Public Prosecution may review the same at the place in which they are kept, and may request that the same be included in the file of any pending case provided that a decision is issued by the president of the competent court. In which case, a copy of the same shall be kept by the Notary after being attested by both the Notary and President of the Competent Court; 11. Leaving their office to carry out any transaction according to the provisions of this Decree by Law, except for the cases described in the executive regulations of this Decree by Law; or 12. Combining their office and any other public or private job at the same time, other than the cases set forth in this Decree by Law.

Article (24) Public Notary Appointment Conditions Whoever is appointed as a Public Notary shall satisfy the following conditions: 1. To be a UAE national; 2. To have a full legal capacity and medically fit; 3. To be of good conduct and reputation, and not previously convicted of any felony or misdemeanor involving moral turpitude or breach of trust, even if subsequently rehabilitated; 4. To be holder of an academic degree in Law or Sharia and Law from a recognized university or higher institute in the State, or an equivalent degree thereof; 5. To successfully pass the procedures and tests prescribed by the Ministry; and 6. Any other conditions described in the executive regulations of this Decree by Law.

Article (30) Private Notary Licensing Conditions The Private Notary shall satisfy the following requirements as a perquisite for getting licensed: a. To be a UAE national; b. To be of full legal capacity and medically fit; c. To be of good conduct and reputation, and not previously convicted of any felony or misdemeanor involving moral turpitude or breach of trust, even if subsequently rehabilitated; d. To hold an academic degree in Law or Sharia and Law from a recognized university or higher institute in the State, or an equivalent degree thereof; e. To have already engaged in the judicial or legal jobs described in the executive regulations of this Decree by Law for a minimum period of three (3) years;

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 15 f. To submit a valid insurance policy against professional liability, issued by an insurer duly licensed to operate in the State, in accordance with the controls determined by the Minister; g. His name must not have been deleted from the register, unless three (3) years have lapsed following the issue date of the decision or judgment; h. To successfully pass the procedures and tests prescribed by the Ministry; and i. To pay the prescribed fees; and j. To satisfy any other conditions set forth in the Executive Regulations of this Decree by Law.

Article (34) Private Notary Admission Committee's Competencies 1. The Committee shall perform the following functions: a. Review and decide on the applications for the licensing and renewal of the license of the Private Notary as well as the applications of license revocation and suspension of Private Notary's duties, as described in the executive regulations of this Decree by Law; b. Review and decide on the applications for the transfer of the Private Notary from an office to another; c. Consider the acts committed by the Private Notary in violation of the provisions of this Decree by Law and its executive regulations, and which are referred thereto by the Competent Department; d. Consider the complaints filed against the Private Notary or its firm, and shall decide that the same be either dismissed or referred to the Public Prosecution; and e. Any other functions assigned to the Committee under this Decree by Law and its Executive Regulations. 2. The Committee shall issue reasoned resolutions in the event that any of the applications referred to in Clause (1.A) of this Article is rejected.

Article (37) Initiation of Disciplinary Action 1. The disciplinary action shall be initiated by the Public Prosecution before the Disciplinary Board by a petition that contains the violations and supporting evidence. 2. The Public Prosecution shall summon the Private Notary to appear before the Disciplinary Board, at least ten (10) working days prior to the scheduled hearing date, and shall follow up on the disciplinary action until the same is decided on. 3. The Disciplinary Board may conduct any necessary investigations, and may delegate any of its members to perform the same. 4. The Disciplinary Board may proceed with the disciplinary action in the event that the Private Notary concerned fails to attend the Disciplinary Board's hearings without any acceptable excuse. 5. The Disciplinary Board may temporarily suspend the Private Notary from performing their duties until the trial is completed.

Article (38) Disciplinary Board's Hearings and Challenging Its Judgments 1. The Disciplinary Board's hearings and deliberations shall be confidential. 2. The Private Notary shall appear in person before the Disciplinary Board, and may submit his defense in writing or engage a lawyer.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 18 3. If the Private Notary fails to appear before the Disciplinary Board, a judgment in absentia may be rendered against them after verifying that the Private Notary has been duly notified. 4. The Disciplinary Board shall issue its decisions by majority based on their supporting grounds, and the decision so issued shall be served upon the Private Notary within ten (10) days following its date of issuance. 5. The Public Prosecution and Private Notary may appeal the judgment rendered by the Disciplinary Board before the competent court of appeal within thirty (30) days following its date of issuance if the judgment was rendered in presence of the Private Notary, and from the date of notification to the Private Notary if issued in absentia. 6. The Private Notary shall not be prejudiced by filing an appeal against the judgment issued by the Disciplinary Board.

Article (40) Disciplinary Penalties to be Imposed on Private Notary 1. Any disciplinary penalty may only be imposed on the Private Notary based on a decision of the Disciplinary Board, after a written investigation is conducted and the Private Notary's statements are heard according to the provisions of this Decree by Law. 2. The disciplinary penalties to be imposed on the Private Notary shall be as follows: a. Warning; b. License suspension for not more than six (6) months; or c. License revocation and irrevocable deletion of the Private Notary's name from the register.

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Federal Decree by Law of 2022 Regarding the Regulation of the Notary Profession 19 3. The penalties imposed on the Notary Public shall be without prejudice to the civil or criminal liability, if necessary. General Provisions