The notarial deed
- The notary is a public officer who receives the deeds to which the parties must, or wish to, give authentic status (Art. 1).
- A notarial deed is conclusive, unless challenged through forgery proceedings, as to what the notary personally witnessed; it is directly enforceable.
- The notary verifies the identity, capacity and consent of the parties, as well as the legal status of the property.
Obligations and liability
- Funds received on behalf of clients are deposited with the CDG and may not pass through the notary's own account.
- The notary owes a duty to advise and must hold professional liability insurance.
- Breaches are sanctioned by the disciplinary bodies and, where applicable, by the criminal courts.
Key articles
Art. 1
« The notarial profession is a liberal profession practised under the conditions and in the manner laid down by law; the notary is a public officer responsible for receiving the deeds to which the parties must, or wish to, give authentic status. »
A lawyer's points to watch
- Deeds transferring ownership of registered properties must be executed by notarial deed or by a deed with a certain date drawn up by a lawyer admitted to practise before the Court of Cassation (Law 39-08, Art. 4).
- Make sure the price passes through the CDG account opened in the notary's name, never through a personal account.
- Where the notary is at fault, the liability action falls within the jurisdiction of the Court of First Instance, and the notary's insurer may be joined to the proceedings.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.