Law No. (4) of 2013
Concerning
Notaries Public in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After perusal of:
Federal
Law No. (10) of 1992 Issuing the Law of Evidence Governing
Civil and Commercial Transactions;
Federal
Law No. (11) of 1992 Issuing the Civil Procedure Code
and its amendments;
Law No.
(3) of 1992 Establishing the Dubai Courts and its amendments;
Law No.
(3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No.
(6) of 2005 Regulating the Dubai Courts and its amendments;
Law No.
(27) of 2006 Concerning Management of the Government of Dubai Human Resources
and its amendments;
Law No.
(14) of 2009 Concerning the Pricing of Government Services in the Emirate of
Dubai;
Law No.
(35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments; and
The
Instructions of His Highness the Ruler of Dubai Concerning Notary Public Applications in the Emirate of Dubai, issued on 9 January 1990,
Do hereby issue this Law.
This Law
will be cited as “Law No. (4) of
2013 Concerning Notaries Public in the
Emirate of Dubai”.
The
following words and expressions, wherever mentioned in this Law, 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. |
|
Court: |
The Court of First Instance at the
Courts. |
|
Directorate: |
The
Notary Public Directorate at the Courts. |
|
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 to perform the duties stipulated in
this Law
within the scope of his powers and functions. |
|
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 this Law, are
registered. |
|
Firm: |
A
company or sole proprietorship 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 requirements and
procedures stipulated
in this Law and the resolutions issued in pursuance hereof. |
|
Private
Notary Public: |
A
natural person registered on the Roll to exercise certain functions of the Government Notary Public assigned to him pursuant to
this Law. |
|
Instrument: |
Any document or contract which is registered or attested by a Notary Public, or whose date is validated by a
Notary Public, in accordance with the
provisions of this Law or any other legislation. |
|
Instrument File: |
The
file which contains the signatures of Concerned Parties and in
which the Notary Public
keeps an original copy of the Instrument, as well as all relevant documents. |
|
Registration: |
Creating
or drafting a
document or a
contract by the Notary Public at the
request of the
Concerned
Parties, and recording it in the registers
maintained for this purpose. |
|
Attestation: |
Manual
or electronic certification of the authenticity of the
signature or thumb
fingerprint of a Concerned Party. |
|
Date Validation: |
Validating the date of an Instrument by a
Notary Public. |
|
Concerned Party: |
A
person who requests a Notary Public to
process an
application in
accordance with the provisions of this Law. |
|
Translator: |
A
legal translator certified by the competent authority to translate from a foreign
language into the Arabic language, and vice versa. |
This Law
applies to any person who practises as a Notary Public in the Emirate, including in free zones and Special Development Zones.
No
person may practise as a Notary Public in the
Emirate unless he is a Government Notary Public,
a Private Notary
Public, or a government entity
employee registered on the Roll.
A
Notary Public directorate will be
established at the head office of the Courts. Where required, the Courts may
establish branch offices for this Directorate in the
Emirate.
a. Pursuant to a resolution of the
Director of the Courts, one or more employees will be appointed at the Courts
as Government Notaries Public.
b. The President
of the Court, or any judge of the Court authorised by him, will
undertake the technical supervision of the work of Government Notaries Public.
To
be appointed as a Government Notary Public, a person must:
1. be a UAE national. Where
necessary, the Director of the Courts may exempt any
national of an Arab country from this requirement,
provided that he has at least ten (10) years of experience as a notary public;
2. be of full capacity;
3. be of good character and repute; and not
have been sentenced for a felony or other 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
institute 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 and interviews; and
8. meet any other requirements
determined pursuant to the relevant resolutions of the Director of the Courts.
a. Pursuant to this Law, a Committee named the “Notary Public Affairs
Committee” is established. The formation, terms
of reference, quorum of meetings, and procedures for passing the resolutions of the Committee will be determined pursuant
to a resolution of the Director of the Courts.
b. In addition to the functions
assigned to it under this Law, the Committee will have the duties and powers
to:
1. determine applications to register
and renew the registration of Private Notaries Public;
2. determine applications filed by
government entities to register and renew the registration of their employees
on the Roll;
3. determine applications submitted to
it by Firms to suspend their activities;
4. determine applications to issue or
renew Authorisations of Firms;
5. determine applications to transfer
Private Notaries Public
between Firms;
6. consider violation reports and
complaints against Firms and Private Notaries Public,
and take the necessary action in respect of these violations and complaints,
including imposition of the penalties stipulated by this Law and the resolutions
issued in pursuance hereof; and
7. perform any other duties assigned to
it by the Director of the Courts.
a. A register of Private Notaries Public
will be maintained by the Courts. The Director of the Courts will determine the
form of this Register and the information that must be entered in it.
b. The President
of the Court, or any judge of the Court authorised by him, will
undertake the technical supervision of the work of Private Notaries Public.
a. To be registered on the Roll, a
person must:
1. meet the requirements stipulated in
Article (7) of this Law;
2. work on full time basis as Private
Notary Public. Upon recommendation of the
Committee, the Director of the Courts may, in accordance with the requirements
adopted in this respect, authorise the
practitioners of any
professions licensed in the
Emirate to practise, in addition to practising these professions, as Private Notaries Public;
3. have practised a judicial or legal
profession for a period of not less than five (5) years;
4. pay the fee prescribed for
registration on the Roll; and
5. meet any other requirements
determined pursuant to the relevant resolutions of the Director of the Courts.
Registration
on the Roll will be effected in accordance with the following procedures:
1. An application for registration will
be submitted to the Directorate on the form prescribed
for this purpose, supported
by the documents required by the
Directorate.
2. The Directorate will refer the
application to the Committee for consideration and determination in accordance
with the conditions and requirements stipulated in this Law and the resolutions
issued in pursuance hereof.
3. The Directorate will issue a Private Notary Public card to the person
registered on the Roll. The form of this card and the information that must be included therein will be determined pursuant to the relevant resolution of the Director of the Courts.
Registration
on the Roll will be valid for a period of one (1) year, renewable for the same
period. An application for renewal of registration must be
submitted within thirty (30) days prior to expiry of the registration.
a. A Private Notary Public
must practise through a Firm.
b. An application for Authorisation
must meet the following requirements:
1. The owner or manager of the
applicant Firm must be a Private Notary Public.
2. The premises
of the Firm must be suitable for receiving the public and for exercising the
powers and performing the duties of the Notary Public,
and must have all facilities and equipment determined by the Courts.
3. A professional indemnity insurance
policy, issued by an
insurance company licensed in the Emirate, must be provided. This insurance policy must be valid throughout the period of validity
of the Authorisation. The Director of the Courts will
determine the insured sum and the methods
of enforcement of that policy.
4. The fee prescribed
for issuing the Authorisation must be paid.
5. Any other conditions determined
pursuant to the relevant resolutions of the Director of the Courts must be met.
a. A Firm must:
1. display its Permit at a prominent place for easy reference by the public;
2. notify the Directorate of the names of Private Notaries Public employed
by the Firm; and of any variation to their
details, within one (1) month from the date
of the relevant variation;
3. notify the Directorate of any
amendment or variation of the details of the
licence issued to the Firm by the
licensing authority within one (1) month from the date of the relevant variation;
4. maintain, for the period prescribed by the Courts, a special record of the details and dates of applications processed by the Firm, and the names of relevant parties;
5. secure the equipment, records, and
documents required to provide Notary Public services;
6. 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 relevant applications; and
7. perform any other obligations
determined pursuant to the relevant resolutions of the Director of the Courts.
b. A 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 this Law.
An
Authorisation will be issued in accordance with the following procedures:
1. An application for Authorisation
will be submitted to the Directorate on the form prescribed for this purpose, supported by the required documents.
2. The Directorate will refer the
application for Authorisation to the Committee to review it and verify that it
meets all requirements prescribed pursuant to this Law and the
resolutions issued in pursuance hereof; and
3. Upon issuing the Authorisation, the
Directorate will record all basic information of the Firm, including its name, address, and owner and manager information,
and the Private Notaries Public employed
by the Firm, in the
relevant
database maintained by the Directorate for this purpose.
An
Authorisation will be valid for a period of one (1) year, renewable for the
same period. An application for renewal of an Authorisation must be submitted
thirty (30) days before its expiry.
Upon the request of a Firm, the
Committee may authorise it to open other branches within the Emirate. The
request will be determined subject to the
requirements prescribed
by the relevant
resolution of the Director of the Courts.
a. Subject to the provisions of Article
(7) of this Law, the Committee may, at the request of a government entity,
register any of the employees of that entity
on the Roll. In this case, the
performance by
these Employees of the Government Notary Public’s functions assigned to them will be restricted to that
entity.
b. The Director
of the Court will determine the functions of employees of government entities who
are registered on the Roll pursuant to paragraph (a) of this Article.
c. Notary Public cards
will be issued to government entity employees registered
on the Roll. The form of these cards and the information that must be included therein will be determined pursuant to the relevant resolution of the Director of the Courts.
a. Before a Notary Public assumes
his duties, he must take the following legal oath before the President
of the Court:
“I swear
by Allah the Almighty to perform my duties with the 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 Notary Public’s
file.
b. Under the pain of nullity of the acts and procedures
undertaken by a Notary Public,
he must not perform his duties
or exercise his powers under this Law before taking the legal oath referred to
in paragraph (a) of this Article.
a. A Notary Public will
have the duties and powers to:
1. undertake Registration of all types of documents
and contracts as prescribed by the law or requested by Concerned
Parties;
2. undertake Attestation of the signatures of Concerned
Parties on all types of documents and contracts upon their
request;
3. undertake Date Validation of all
types of documents and contracts through
assigning them serial numbers in the records maintained for this purpose, registering
the dates on which they are filed and signed by the Notary Public,
and stamping them with the official seal
4. undertake Registration and Attestation of affidavits after
administering oath to Concerned Parties, and entering the same
in the records maintained for this purpose;
5. undertake Attestation to the authenticity of recognised signatures on
marriage contracts for non-Muslims, and on documents issued by churches and
religious entities licensed in the Emirate;
6. affix the
executory formula on Instruments attested pursuant to the
provisions of this Law;
7. undertake Attestation of wills made by non-Muslims; and
8. perform any other functions vested in him pursuant to the
legislation in force in the Emirate or assigned to him by the President
of the Court or the Director of the Courts.
b. Pursuant to the relevant resolution of the Committee, Private Notaries Public and
employees of government entities who are registered on the Roll may be assigned
any of the Government
Notary Public functions
set forth in
paragraph (a) of this Article.
Notwithstanding the provisions of Article (20) of this
Law, a Notary Public
is prohibited from:
1. undertaking the Registration or Attestation
of any Instruments related to the family affairs of Muslims or to endowments (Waqf);
2. undertaking the Attestation of any Instruments related to creating, transferring, changing, or extinguishing any ownership right or other
real right in real property;
3. undertaking the Registration or Attestation
of any Instruments where the legislation in force in
the Emirate provides that another authority is exclusively authorised to register or attest these Instruments;
4. undertaking the Registration or Attestation of any Instruments that involve violation of the legislation in force or conflict with public order or public morals;
5. processing any application in which he, his spouse, or any of his relatives up to
the fourth degree, has apparent or latent interest; or in which
any of these persons is
appointed as a
Translator;
6. disclosing to a third party any Concerned
Party information which is obtained by the Private Notary Public as a result of holding his post;
7. moving any records, documents, Instruments,
or other official papers from his workplace without a decision from the President
of the Court or from
the competent court, as the case
may be; or depositing any of these records, documents, Instruments, or papers in the file of a pending legal action without the approval
of the competent court, or without maintaining an attested
photocopy of the same;
8. providing any entity, other than the Concerned Parties, with information based on his
records, in the absence
of a written request from a
competent judicial or government authority;
9. processing any applications governed by the provisions of this Law
without charging the prescribed fees;
10. providing any person, other than the Concerned Parties, with a copy of an Instrument, in the absence of a written approval of the President
of the Court or a decision of the
competent court
11. certifying the signatures of
employees of federal or local government entities on any certificates,
documents, or other papers signed by them in their
capacity as government
employees; or
12. in the case of a Government Public Notary,
attending at a place
other than his workplace to process an application, without
the approval of the Director of the Directorate, or his
authorised representative, in
accordance with the rules stipulated by this Law and the resolutions issued in
pursuance hereof.
The
Courts will recognise the
official seals of Government Notaries Public,
Private Notaries
Public, and government entity
employees registered on the Roll on all Instruments processed by them, in accordance with the conditions and
rules prescribed by the
relevant
resolution of the Director of the Courts.
a. A Notary Public will
maintain records and paper or electronic files. A resolution of the Director of
the Courts will determine the form of these
records and files,
and the relevant processes for making entries therein.
b. The records and files referred to in
paragraph (a) of this Article will have evidentiary value derived from the data, information, and Instruments maintained therein.
c. A Notary Public
must manage the records and files in accordance with the relevant rules and
procedures adopted by the Courts, and must in particular:
1. maintain the records prescribed by
the Courts, and enter the
particulars of all applications processed by him in these records;
2. maintain in files, and under
serial numbers, the original copies of Instruments which are registered or attested, or whose dates are validated, by the Notary Public,
after entering the
particulars of these Instruments
in the records maintained for this purpose;
3. keep all redocuments submitted
together with
applications; and
4. at the request of any Concerned Party, issue and print any certificates or photocopies
of the original Instruments
kept by the Notary Public, based on the records and files maintained by him.
a. Before processing any application for a Concerned Party, a
Notary Public must verify:
1. the identity, eligibility, capacity,
and consent of Concerned Parties and/or
their legal attorneys; and that they are aware of the
content of the Instrument and have the legal capacity to execute it; and
2. that the application submitted to him is in conformity with the public order
and the legislation in force in the Emirate.
b. Where a Notary Public finds,
upon review of any
application
submitted to him as set
forth in paragraph (a) of this
Article, that a Concerned Party lacks eligibility; that
the identity or capacity of a Concerned Party
cannot be verified; that a Concerned
Party is unaware of, or does not consent to, the content of the application; or that the application conflicts with
the public order or the legislation in force in the Emirate or is aimed to
deceive or defraud others, the Notary Public must decline
to process the application.
The
identity of a Concerned Party will be verified through any of the
following:
1. a passport or an Emirates
Identity Card;
2. an official document issued by a
competent entity in the UAE; or
3. two (2) trustworthy witnesses who
are aware of the identity of the Concerned Party.
a. An Instrument must be made in writing in a legible manner and must
contain the full names and nationalities of Concerned
Parties; and, where necessary, their places
and dates of birth and places of residence.
b. The pages
of an Instrument must be numbered using the relevant
approved stamps.
c. An Instrument which is registered or attested, or whose date is validated,
by a Notary Public
and signed by him
and by the Concerned Parties will be deemed an original
copy.
Instruments processed by a Notary Public must
be written in the Arabic language. An Instrument may be
written in a foreign language in the following cases and subject to the
following conditions:
1. Where the Instrument is written in the Arabic language
and in a foreign language, both texts must be included in one continuous document
and the Concerned Parties must sign on each page of
the Instrument opposite each of the texts.
2. Where the Instrument is written only in a foreign language, the Concerned
Parties must have the Instrument translated into Arabic by a
Translator, and the translation must be attached to the Instrument. The Instrument and its
translation must be signed by the Concerned
Parties. The Notary Public
will attest
the text made in the foreign language.
Concerned Parties must sign Instruments
in the form and manner prescribed by the Courts in this respect.
Where a
Notary Public is not acquainted with the language of a Concerned
Party, he will communicate with him through a Translator. The Notary Public must
refer to this in the Instrument file, and must ensure that the Translator signs on this
file.
Where
one or more of the Concerned Parties are unable to sign the Instrument for any reason, the Notary Public must
have their fingerprints affixed to the Instrument and must refer to this in the Instrument file.
a. Where one or more of the Concerned
Parties is unable to understand the content of the application through ordinary means, or is
unable to normally express his intention, the Notary Public must
seek the assistance of a person who is conversant with the sign language of
that Concerned Party to get him to understand the
content of the application and confirm that he consents to it.
That person must take the oath, and must affix
his signature or fingerprint
on the Instrument. In
this case, the Notary Public must
refer to this procedure in the Instrument file.
b. Where one or more of the Concerned
Parties has a disability or disease that prevents him from affixing his signature or fingerprint, he may nominate another person to affix signature or fingerprint on his behalf. In this case, the Notary Public must
refer to this procedure in the Instrument file.
One or
more of the Concerned Parties, a competent court, or any
concerned government entity may request an attested
copy of an Instrument maintained in the files of a Notary Public.
a. The validity
of an Instrument processed by a Notary Public may
not be prejudiced by any typographic or calculation errors made by him. The
Notary Public will correct any such
errors by striking off wrong numbers, words, or phrases; and
writing the correct ones in a legible manner in the margin or on the back of
the Instrument. The Notary Public must
affix his signature and official seal next to the
correction, and must state the date of correction in all other
copies of the Instrument.
b. Where a Concerned
Party makes an error related to any data or
information included in the Instrument, the
Notary Public may, at the request of that Concerned
Party, correct the error in the same way stipulated in paragraph (a) of this
Article. In this case,
the Concerned Parties must
sign next to the correction.
a. At the request of a Concerned
Party, a Notary Public
will affix the executory
formula stamp to any Instrument which is registered or attested by him in accordance with this Law where this Instrument includes established and enforceable obligations whose
amount is specified. The
Concerned Parties may be
delivered only one (1) copy of that Instrument.
b. An additional copy of the Instrument to which the executory formula stamp is affixed may be
delivered to a Concerned Party only pursuant to a written order of the President
of the Court in the event of loss of, or impossibility to use, the first copy
for any reason.
An
Instrument
processed by a Notary Public
will have the evidentiary value of an official
document, as
prescribed by the
legislation in force. The validity
of the Instrument may only be challenged by claiming
forgery.
Concerned Parties may submit a written
grievance to the President of the Court in respect of any action taken against them by a Notary Public,
within one (1) week from the date of that action. The grievance will be
determined by the President of the Court or his authorised
representative, and the decision on the grievance will be
final.
Any
affected party may submit a written grievance to the Director of the Courts in respect of any decision, penalty, or action taken against him by
the Committee, within thirty (30) days of being notified of that decision,
penalty, or action. The grievance will be determined, within thirty (30) days from
the date of its submission, by a committee formed by the Director of the Courts
for this purpose, and the decision issued on the
grievance will be final.
a. An application submitted to a Notary Public by a Concerned
Party in accordance with this Law will be struck off sixty (60) days after the
date of its registration if it is not completed by the Concerned Party.
b. Where a Concerned
Party wishes to complete an application that has been
struck off in accordance with paragraph (a) of this Article, he must submit
a new application and pay the fee prescribed for the same.
a. The performance of Private Notaries Public will be subject to inspection in
accordance with the relevant procedures prescribed by the President of the
Court.
b. Interrogating Private Notaries Public and
imposing the penalties stipulated in this Law will be undertaken by a disciplinary committee formed pursuant to the relevant resolution of the Director of the Courts. This resolution will determine the terms
of reference, powers, and applicable procedures of this committee.
c. A
disciplinary penalty may be imposed on a Private Notary Public only after he is interrogated in
writing and given
the opportunity to state his case
and defend himself
before the disciplinary committee.
d. The disciplinary committee hearings and deliberations will be held in camera.
e. A Private Notary Public may
submit to the President of the Court a grievance against the decision of the disciplinary committee
within thirty (30) days from the date of issuing that decision, in case
it is rendered in the presence of the Private Notary Public;
or within thirty (30) days from the date of being notified of the decision, in case
it is rendered in absentia. The decision issued by the President
of the Court or his authorised representative in this respect will be final.
The
disciplinary actions stipulated in the above-mentioned Government of Dubai
Human Resources Management Law will be imposed on any Government Notary Public who
violates the provisions of this Law and the resolutions issued in pursuance
hereof.
The
following disciplinary actions will be imposed on the employees of government
entities registered on the Roll who violate the provisions of this Law and the
resolutions issued in pursuance hereof:
1. warning;
2. suspension of registration for a
period not exceeding two (2) years; and/or
3. de-registration.
a. Without prejudice to any stricter
penalty stipulated by any other law, a Firm will be punished by a fine of not
less than five hundred Dirhams (AED 500.00)
and not more than thirty thousand Dirhams (AED 30,000.00)
if the Firm, or any Private Notary Public working for it, commits
any act that constitutes a violation of the provisions of
this Law or the resolutions issued in pursuance hereof.
b. Upon repetition of the same
violation within one (1) year from the date of the previous violation, the
amount of the fine referred
to in paragraph (a) of this Article will
be doubled. The fine must
not exceed fifty thousand Dirhams (AED 50,000.00).
c. In addition to the penalty of a fine
referred to in paragraph (a) of this Article, the Committee may take one or
more of the following measures against the violating Firm or Private Notary Public:
1. warning;
2. suspension of registration or
Authorisation for a period not exceeding two (2) years; and/or
3. deregistration, or revocation of
Authorisation.
d. Imposing the penalties and measures
referred to in this Article will not
prejudice any applicable civil or criminal
liability.
The
employees of the Directorate nominated by a resolution of the Director of the
Courts, issued in coordination with the Director General of the Government of
Dubai Legal Affairs Department, will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this Law. For
this purpose, they may issue violation reports and seek the assistance of
police personnel.
In
return for processing applications by Government Notaries Public in accordance with this Law, issuing Authorisations to Private Notaries Public, and
licensing Firms, the fees determined pursuant to the relevant resolution issued by the Chairman of the Executive
Council will be collected.
The fees and fines collected pursuant to this Law will
be paid to the Public Treasury of the Government of Dubai.
The above-mentioned Instructions Concerning Notary Public Applications in the Emirate of Dubai, issued on 9 January 1990, are hereby repealed. Any provision
in any other legislation will also be repealed to the extent that it
contradicts the provisions of this Law.
The
Director of the Courts will issue the resolutions required for the
implementation of the provisions of this Law. These resolutions will be
published in the Official Gazette of the Government of Dubai.
This Law
will be published in the Official Gazette, and will come into force on the day
on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of
Dubai
Issued in Dubai on 9 June 2013
Corresponding to 30 Rajab 1434 A.H.
©2020 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.