Resolution
No. (36) of 2014
Regulating
the
Practice
of Private Notaries Public and Employees of Government Entities
Commissioned
as Notaries Public in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
The Director of Dubai Courts,
After
perusal of:
Law
No. (3) of 1992 Establishing Dubai Courts and its amendments;
Law
No. (6) of 2005 Regulating Dubai Courts and its amendments;
Law
No. (4) of 2013 Concerning Notaries Public in the Emirate of Dubai; and
Executive
Council Resolution No. (4) of 2014 Approving the Fees and Fines Related to Notaries
Public in the Emirate of Dubai,
Does hereby issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Courts: |
The
Dubai Courts. |
|
Directorate: |
The Notary
Public Directorate of the Courts. |
|
Law: |
Law
No. (4) of 2013 Concerning Notaries Public in the Emirate of Dubai. |
|
Notary Public: |
A Government Notary Public, a Private Notary Public,
or an employee of a Government entity registered on the Roll. |
|
Government Notary Public: |
A public servant appointed at the Courts and
assigned to perform the duties stipulated in the Law within the scope of his powers and functions. |
|
Private
Notary Public: |
A
natural person registered on the Roll to exercise certain functions of the Government
Notary Public specified for Private Notaries Public under the Law. |
|
Committee: |
The Notary Public Affairs Committee. |
|
Roll: |
The
paper or electronic record maintained by the Courts in which employees of Government
entities and Private Notaries Public, who meet the conditions and
requirements stipulated in the Law, are registered. |
|
Firm: |
A company or sole establishment authorised by the
Courts to provide Notary Public services and licensed by competent entities
in the Emirate. |
|
Authorisation: |
A
document issued by the Courts which states that the Courts authorise a Firm
to provide Notary Public services in accordance with the conditions and procedures
stipulated in the Law, this Resolution, and the resolutions issued in pursuance
thereof. |
|
Instrument: |
Any document
or contract, which is registered or attested by a Notary Public, or whose date
is endorsed by a Notary Public, in accordance with the provisions of the Law
or any other legislation. |
|
Electronic
System: |
An electronic system through which all transactions
and services of
Private Notaries Public and employees of Government entities registered on the
Roll are organised, including Registration, Attestation, or Date Endorsement of
Instruments. |
The
provisions of this Resolution will apply to any person, other than the
employees of the Directorate, who practises as a Notary Public in the Emirate,
including in free zones and Special Development Zones.
a. A person must not practise as a Private Notary Public in the Emirate unless he holds a valid registration on the Roll and practises through a Firm.
b. A person registered on the Roll must not exercise any Government Notary Public functions where he is not authorised by the Committee to exercise these functions.
a. Pursuant to this Resolution, a
permanent committee named the “Notary Public Affairs Committee” is formed under
the chairmanship of the President of the Court of First Instance, and with the
membership of:
1. the
Director of the Notary Public Directorate, as vice chairman;
2. the Head of the Private Notary Public Section, as member; and
3. two (2) Government Notaries Public nominated by the President of the Court of
First Instance, as members.
b. The chairman of the Committee will
appoint a rapporteur who will be responsible for sending invitations for the Committee
meetings, preparing minutes of its meetings, and following up the implementation
of its resolutions. The rapporteur will also perform the work assigned to him
by the chairman of the Committee.
a.
The Committee will be convened at the invitation of its chairman, or vice chairman where
the chairman is absent, at the time and place determined by him. Committee
meetings will be valid if attended by the majority of its members provided that
the Committee chairman or vice chairman is in attendance.
b.
The
Committee will pass its resolutions by majority vote of attending members, and
in the event of a tie, the chair of the meeting will have a casting vote.
c.
Proceedings
of the Committee meetings and its resolutions will be recorded in minutes of
meetings signed by the chair of the meeting and attending members.
d.
The Committee
may seek assistance from the experts and specialists it deems appropriate,
provided that they do not have a vote in its deliberations.
The
Committee will have the duties and powers to:
1. determine applications for registration, renewal of registration, or cancellation of registration of Private Notaries Public;
2. determine applications by Government entities for registration, renewal of registration, or cancellation of registration of their employees on the Roll;
3. determine applications submitted by Firms to suspend their business;
4. determine applications for issuing and renewal of Authorisations of Firms;
5. determine applications for transferring Private Notaries Public between Firms;
6. consider the violation reports and complaints filed against Firms and Private Notaries Public, and take the necessary action in respect of these violations and complaints, including imposition of the penalties prescribed by the Law and the resolutions issued in pursuance thereof; and
7. consider the violation reports and complaints filed against employees of Government entities commissioned as Notaries Public, and take the necessary action in respect of these violations and complaints, including imposition of the penalties prescribed by the Law and the resolutions issued in pursuance thereof, after first notifying the concerned Government entity;
8. determine the Government Notary Public functions that may be exercised by Private Notaries Public and employees of Government entities commissioned as Notaries Public; and
9. review the rules and requirements for the practice of Private Notaries Public and employees of Government entities commissioned as Notaries Public in the Emirate, and submit the recommendations required in this regard to the Director of the Courts.
For purposes of application of this Resolution, the Directorate will have the duties and powers to:
1. receive applications for Authorisations and applications for registration on the Roll, and refer these to the Committee for determination;
2. receive applications submitted by Firms and Private Notaries Public in relation to their practice, and take the appropriate action in respect of these applications, in accordance with the Law and the resolutions issued in pursuance thereof;
3. oversee the Roll, regulate registration on it, and vary its information in accordance with the relevant approved conditions and requirements;
4. prepare the forms required for the implementation of the provisions of this Resolution, including the forms for application for registration on the Roll of Private Notaries Public and employees of Government entities, and for renewal, cancellation, and reinstatement of their registration, and variation of their information;
5. maintain a database of the Firms authorised to provide Private Notary Public services in the Emirate, which must contain the basic information of Firms including the addresses, owner’s and manager’s information, and Private Notaries Public practising through these Firms;
6. monitor and inspect Firms and Private Notaries Public employed by them, in accordance with the relevant procedures adopted by the President of the Court of First Instance at the Courts;
7. receive complaints filed against Firms, Private Notaries Public, and employees of Government entities commissioned as Notaries Public, and refer these to the Committee for determination;
8. prepare and implement the programmes required to qualify and train Private Notaries Public and employees of Government entities commissioned as Notaries Public;
9. implement the Committee resolutions imposing penalties or measures against violating Firms, Private Notaries Public, and employees of Government entities commissioned as Notaries Public; and
10. perform any other duties required to regulate the practice of Private Notaries Public and employees of Government entities commissioned as Notaries Public in the Emirate.
a. An electronic Roll of Private Notaries
Public will be maintained by the Directorate to register Private Notaries
Public and employees of Government entities commissioned as Notaries Public.
The Roll must include:
1.
the names, nationalities, academic qualifications, addresses, and
contact details of Private Notaries Public;
2.
the names and contact details of employees of Government entities
commissioned as Notaries Public;
3.
the numbers and dates of registration on the Roll;
4.
the registration expiry dates;
5.
the names and addresses of Firms through which Private Notaries Public practise,
and names of the Government entities whose employees are commissioned as Notaries
Public; and
6.
the penalties and measures taken against Private Notaries Public, and
employees of Government entities commissioned as Notaries Public.
a.
To be registered on the Roll, a person must:
1. be a UAE national (where
necessary, a national of any Arab country may be registered on the Roll
provided that he has at least ten (10) years of experience as a Notary Public);
2. be of full capacity;
3. be of good conduct and repute,
and not have been sentenced for a felony or crime affecting honour or
trustworthiness even if he has been rehabilitated or pardoned;
4. be a holder of a bachelor of laws, a bachelor of Sharia and law, or an equivalent degree from a university or an educational institution accredited in the Emirate;
5. be medically fit to perform his job duties;
6. not have been dismissed from
service pursuant to a judgment or disciplinary decision;
7. successfully pass the prescribed
tests, training programmes, and interviews;
8. work on full time basis as a
Private Notary Public;
9. have practised a judicial or
legal profession for a period of not less than five (5) years; and
10. pay the fee prescribed for registration
on the Roll.
b.
Some practitioners of legal professions in the Emirate may be authorised
to practise as Private Notaries Public in addition to their own professions,
provided that they meet all the requirements stipulated in paragraph (a),
except those stipulated in paragraph (a)(8), of this Article.
Registration
on the Roll will be in accordance with the following procedures:
1.
An application for registration on the Roll will be submitted to the
Directorate on the form prescribed for this purpose, supported by the following
documents:
-
a certified copy of the academic qualification certificate and
experience certificates of the applicant for registration on the Roll;
-
where the applicant is a UAE national, a copy of his passport and family
book (Khulasat Qaid);
-
where the applicant is a non-UAE national, copies of his passport and
residence visa;
-
a copy of the Emirates Identity Card of the applicant for registration
on the Roll;
-
the approval of the Government entity that requests registration of its
employee on the Roll;
-
a certificate of good conduct of the applicant for registration on the
Roll, issued by the competent authority in the Emirate; and
-
a passport-size photo of the applicant for registration on the Roll.
2.
The Directorate will record the application for registration in a
register maintained by it for this purpose, and the applicant for registration
will be notified of the receipt of his application.
3.
The Directorate will refer the application for registration to the
Committee for consideration and verification that it meets all relevant
conditions and requirements. The Committee may require any documents it deems necessary.
4.
The Committee will issue its decision on the application for
registration on the Roll within thirty (30) days from the date of submission of
the application provided that it meets all conditions and requirements. An
application will be deemed rejected if no decision is issued by the Committee
within this period. The Committee may grant the applicant a grace period to redress
the deficiencies identified by the Committee before issuing its decision in
this regard.
5.
Where an application is rejected, the Committee will notify the
applicant of the reasons for rejection. An applicant whose application is
rejected may submit to the Directorate another application for registration on
the Roll provided that the reasons for rejection cease to exist.
6.
Where an application for registration on the Roll is approved, the
applicant will be instructed to pay the relevant prescribed fees, and will be
registered on the Roll upon payment of these fees.
a. The Directorate will issue a Private Notary
Public registered on the Roll with an identification card which proves that its
holder is authorised to practise as a Private Notary Public in the Emirate.
b. A Private Notary
Public identification card must include:
1.
the name and nationality of the Private Notary Public;
2.
the number and date of registration on the Roll;
3.
the name of the Firm through which the Private Notary Public practises;
4.
the dates of commencement and expiry of registration; and
5.
any other information deemed necessary by the Directorate.
c. A Private Notary
Public identification card is deemed an official document owned by the Courts,
and may be used only for its intended purposes. In particular, the card holder
must:
1. not allow other
persons to use the card;
2. when requested,
present the card to the individuals and public and private entities dealing
with him;
3. notify the
Directorate if the card is lost or damaged;
4. not make any
variation, erasure, deletion, or addition of the information included in the
card; and
5. surrender the card
to the Directorate where the Private Notary Public is transferred from a Firm
to another, struck off the Roll, or suspended from practising as a Private Notary
Public; upon applying for variation of the card information; or upon request of
the Directorate.
a.
Registration on the Roll will be valid for a period of one
(1) year, renewable for the same period. A renewal application must be
submitted within thirty (30) days prior to expiry of the registration.
b.
A Private Notary Public will be struck off the Roll if he fails, without
a reason acceptable to the Committee, to renew his registration on the Roll
within fifteen (15) working days from the expiry of such registration.
a.
Renewal of registration on the Roll will be subject to the following:
1. satisfaction of all registration
requirements stipulated in Article (8) of this Resolution; and
2. payment of the fees prescribed
for renewal of registration on the Roll.
b.
Where an application for renewal of a Private Notary Public registration
is rejected for any reason whatsoever, the Private Notary Public will be struck
off the Roll and the Directorate will notify the Firm of that decision.
a.
A Private Notary Public must practise through a Firm which is authorised
to provide Private Notary Public services in the Emirate.
b.
Issuing an Authorisation will be subject to the following requirements:
1. The owner or manager of the Firm to
be established must be a Private Notary Public.
2. The applicant for Authorisation
must not be an owner, partner, manager, or employee of another Firm in the
Emirate.
3. The office of the Firm must be
suitable for receiving the public and for performing the functions of a Private
Notary Public, and must have all the facilities and essentials determined by
the Courts.
4. A professional indemnity
insurance policy must be provided. This policy must be valid throughout the
period of validity of the Authorisation and be issued by a licensed insurance
company. The sum insured must be five hundred thousand Dirhams (AED
500,000.00). Enforcement against this sum will be in accordance with the
relevant procedures prescribed by law.
5. The prescribed fees for issuing
the Authorisation must be paid.
Authorisations
will be issued pursuant to the following procedures:
1. An application for Authorisation will
be submitted to the Directorate supported by the following documents:
-
where the applicant is a UAE national, a copy of his passport and family
book (Khulasat Qaid);
-
where the applicant is a non-UAE national, copies of his passport and
residence visa;
-
a copy of the Emirates Identity Card of the applicant for Authorisation;
-
a certificate of good conduct of the applicant for Authorisation, issued
by the competent authority in the Emirate;
-
a passport-size photo of the applicant for Authorisation;
-
copy of a proof of registration on the Roll of the owner or manager of
the Firm to be established; and
-
any
other documents required by the Directorate.
2. The Directorate will record the
application for Authorisation on a register maintained for this purpose, and
the applicant for Authorisation will be notified of the receipt of his
application.
3. The Directorate will refer the
application for Authorisation to the Committee to consider it and determine
issuing an initial approval to the applicant, within thirty (30) days from the
date of submission of the application, provided that all conditions,
requirements, and documents are satisfied. For this purpose, the Committee may require
any other documents it deems necessary.
4. Where an application for Authorisation
is rejected, the Committee will notify the applicant of the reasons for
rejection. An applicant whose application is rejected may submit to the
Directorate another application for Authorisation provided that the reasons for
rejection cease to exist.
5.
Where an applicant is issued with an initial
approval, he must obtain the licences for the Firm and satisfy all conditions
and requirements for issuing the Authorisation within no later than three (3)
months from the date of issuing the initial approval.
6.
The Directorate will perform field inspection and
audit of the Firm to be established to verify that all requirements for issuing
the Authorisation are satisfied. Based on this inspection, the Directorate may:
-
recommend to the Committee granting an Authorisation
to the applicant, where the applicant meets all requirements for practising as
Private Notary Public; or
-
grant the applicant a grace period of not more than
three (3) months to meet or satisfy all requirements for issuing an Authorisation,
and where the applicant fails to meet these requirements, recommend to the
Committee cancelling the initial approval issued to the applicant, in which
case the competent authority will be notified to cancel the commercial licence.
7.
Where the application for Authorisation is
approved, the applicant
will be instructed to pay the relevant prescribed fees.
8. Upon issuing the Authorisation, the
Directorate will record all basic information of the
Firm including the address, owner’s and manager’s information, and Private Notaries
Public employed by this Firm, in the database maintained by the Directorate for
this purpose.
a.
An Authorisation will be valid for a period of one (1)
year, renewable for the same period. A renewal application must be submitted
within thirty (30) days prior to expiry of the Authorisation.
b. A Firm must not provide Private Notary
Public services after expiry of its Authorisation.
c. Where a Firm fails to renew its
Authorisation within one (1) month from the date of expiry without a valid reason
acceptable to the Committee, the Authorisation will be revoked and the
Directorate will request the commercial licensing authority to remove the
activity of providing Notary Public services from the professional licence of
the Firm.
a. Renewal of an Authorisation will be
subject to the following requirements:
1. The conditions stipulated in paragraph
(b) of Article (14) of this Resolution must be met.
2. The commercial licence of the Firm
issued by the commercial licensing authority must be valid at the time of applying
for renewal of the Authorisation.
3. The fees prescribed for renewal of the
Authorisation must be paid.
4. All Private Notaries Public employed
by the Firm must hold valid registration on the Roll at the time of applying
for renewal of the Authorisation.
5. The insurance policy must be valid at
the time of applying for renewal of the Authorisation.
b. Where the application for renewal
of an Authorisation is rejected for any reason whatsoever, the Directorate will request the commercial licensing
authority to remove the activity of providing Notary Public services from the
professional licence of the Firm.
a. A firm must:
1. display the Authorisation in a
prominent place easily accessible to the public, and surrender it to the Courts
if the Firm is suspended from providing Private Notary Public services or if
their professional licence is cancelled;
2. notify the Directorate of all Private Notaries
Public employed by the Firm, and of any variation of their details within fifteen
(15) days from the date of such variation;
3. notify the Directorate of any
amendment or variation of the details of the commercial licence issued to the
Firm by the licensing authority, within thirty (30) days from the date of such
variation;
4. maintain, for the period prescribed by
the Courts, a special record of the details and dates of transactions completed
by the Firm, and the names of relevant parties;
5. provide the essentials, records, and
documents required to provide Private Notary Public services;
6. provide computers and other equipment
and systems required to subscribe to, and operate, the Electronic System;
7. electronically archive Instruments and
other related documents, and send their original copies to the Directorate
within five (5) days from the date of processing the Instruments; and
8. pay the financial costs required for linking
the Firm to the Electronic System and any updates thereto;
9. process transactions and provide
services only through the Electronic System;
10. use the Electronic System in
accordance with the relevant instructions, guidelines, and requirements
approved by the Courts;
11. ensure that the registration of all
Private Notaries Public employed by the Firm is valid, and that they work on
full time basis in the Firm; and
12. ensure that all non-UAE national
Private Notaries Public employed by the Firm hold valid work permits, and are
sponsored by the Firm through which they provide Private Notary Public services.
b.
The Firm will be fully liable for any faults committed by the Private Notaries
Public employed by it. This includes the liability to pay the fines prescribed
by the Law and the resolutions issued in pursuance thereof.
A
managing director will be appointed to each Firm and will have the duties to:
1.
supervise the work of Private Notaries Public employed by the Firm;
2.
ensure that the Firm and the Private Notaries Public employed by it
comply with all the obligations stipulated in the Law, this Resolution, and the
resolutions issued in pursuance hereof.
3.
represent the Firm before the Courts; and
4.
notify the Directorate of any variation of the information of the Firm,
in order for the Directorate to take the necessary action in this regard.
Upon the
request of a Firm, the Committee may authorise opening other branches of the Firm
in the Emirate subject to the following requirements:
1.
A branch must meet the requirements stipulated in paragraph (b) of Article
(14) of this Resolution.
2.
A branch must have the same name of the head office.
3.
The Authorisation of the head office of the Firm must have been issued for
at least one (1) year.
4.
The number of Private Notaries Public employed by the head office of the
Firm must not be less than three (3), including the Firm owner or manager.
Notwithstanding
the provisions of Articles (9) and (14) of this Resolution, the Committee may decide
to suspend receiving applications for registration on the Roll and for issuing Authorisations
to Firms for reasons relating to regulating the practice of Notaries Public in
the Emirate.
a.
Employees of Government entities will be registered on the Roll to
exercise the Government Notary Public functions specified for them by a
resolution of the Committee.
b.
Employees of Government entities will be registered on the Roll subject
to the following requirements:
1. A concerned Government entity
must apply to the Committee for registration of its employee on the Roll.
2. The Government entity’s employee
must meet the requirements stipulated in Article (9) of this Resolution, except
for paragraphs (a)(8) and (a)(9) of the said Article (9).
3. The Government Notary Public
functions specified for employees of Government entities must be consistent
with the work of their entities.
4. The exercise by employees of Government entities
of the Government Notary Public functions specified for them must be restricted
to the entities by which they are employed.
a.
The Directorate will issue a Government entity’s employee registered on
the Roll a Notary Public identification card which proves that its holder is
authorised to exercise specific functions of the Government Notary Public in
the Emirate.
b.
The Notary Public identification card issued to a Government Entity’s
employee registered on the Roll must include the following:
1. the name and nationality of the Notary
Public;
2. the number and date of
registration on the Roll;
3. the name of the Government entity
by which the Notary Public is employed;
4. the dates of commencement and
expiry of registration; and
5. any other information deemed
necessary by the Directorate.
c.
A Notary Public identification card is deemed an official document owned by the Courts. A Government
entity’s employee registered on the Roll must use this card only for its
intended purposes. In particular, he must:
1. not allow other
persons to use the card;
2. when requested,
present the card to persons dealing with him;
3. notify the
Directorate if the card is lost or damaged;
4. not make any
variation, erasure, deletion, or addition of the information included in the
card; and
5. surrender the card
to the Directorate if his service with the Government entity is terminated; if
he is struck off the Roll or suspended from practice as a Notary Public; upon
applying for variation of the card information; or upon request of the
Directorate.
a. Before a Private Notary Public or a Government
entity’s employee registered on the Roll assumes his duties, he must take the
following legal oath before the President of the Court of First Instance:
“I swear by Allah the Almighty to perform my
duties with utmost honesty and integrity, not to disclose any professional secret,
and to comply with the legislation in force”.
An oath-taking report will be drafted and
maintained in the file of the Private Notary Public or Government entity’s
employee commissioned as a Notary Public.
b. A Private Notary Public or a
Government entity’s employee registered on the Roll must not, under the pain of
invalidation of the actions and procedures taken by him, perform his duties or
exercise his powers under the Law and the resolutions issued in pursuance
thereof before taking the legal oath referred to in paragraph (a) of this
Article.
a.
The Information Technology Directorate of the Courts will establish an
Electronic System dedicated for the use of Private Notaries Public and employees
of Government entities registered on the Roll, and through which Notary Public
services will be provided.
b.
The Information Technology Directorate of the Courts will:
1. supervise the operation,
maintenance, management, and development of the Electronic System in all regulatory,
administrative, and financial aspects;
2. link the Electronic System to one
or more computers of the Firm or the Government entity whose employee is
registered on the Roll, to enable them to provide the Notary Public services;
3. provide Private Notaries Public
and employees of Government entities registered on the Roll with training on
the use and operation of the Electronic System; and
4. coordinate with the Directorate
with respect to all matters related to the Electronic System, particularly
considering any obstacles that may hinder the operation of the Electronic
System.
c.
The Information Technology Directorate of the Courts may delegate any of
the duties referred to in paragraph (b) of this Article to other entity or entities
pursuant to a contract concluded for this purpose.
Any provision in any other resolution
will be repealed to the extent that it contradicts the provisions of this
Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is issued.
Taresh Eid Al Mansouri
Director
of Dubai Courts
Issued in Dubai on 14 April 2014
Corresponding to 14 Jumada al-Ula 1435 A.H.
© 2015 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.