New law intended to streamline Courts and provide superior service
As of 1st June, the Dubai Courts is accepting applications from individuals who intend to pursue a career in the notary professions in Dubai. This initiative is being carried out in accordance with the implementation of Law No. 4, which concerns Notary Public in the Emirate of Dubai. This law governs the work of both the notary publics of the Courts, and the private notary publics, and lays out the necessary legislation for the profession. Law No. 4 sets out terms of reference, requirements, conditions and years of expertise for anyone wishing to take up a professional notary position. The law was issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, UAE Vice President and Prime Minister, in his capacity as Ruler of Dubai.
The Director-General of Dubai Courts, H.E. Taresh Al-Mansouri, further issued a law concerning streamlining the work of both those offering private notary services, and notary publics drawn from the staff of Dubai Government agencies. The law stipulates the creation of a ‘Notary Public Affairs Committee’, which will be chaired by the Head of the Court of First Instance of Dubai Courts. Members of this Committee will consist of the Director of the Notary Public Department, the Head of the Private Notary Public Department, and Notary Publics from the Courts. Committee chair and members shall collectively determine its terms of reference, mechanism of action, quorum of meetings and respective powers.
“The law on streamlining work of both the private notary publics and notary publics from the staff of Dubai Government agencies was issued in line with Sheikh Mohammed’s Law No. 4 concerning Notary Public in the Emirate of Dubai. This is intended to help the Courts keep pace with the huge and rapid developments Dubai is witnessing,” noted Al-Mansouri.
He continued: “Dubai’s Notary Public Law and its implications will have a far-reaching impact on many business sectors in Dubai, as it provides clients with friendly solutions to process transactions, such as contract attestation, quickly and easily. Clients will be served by Dubai Courts’ certified private notary publics, who shall be deployed across Dubai.”
Al-Mansouri added: “The law will also promote the smart government transformation process, and raise the prominence of the Notary Public eServices application, as well as contributing to the enhancement of UAE’s competitive potential in the World Bank’s ‘Ease of Doing Business’ report.”
The Notary Public Department at Dubai Courts will begin receiving applications for authorisation and enrolment in the registry in due course, and the Courts will forward them to the Committee for their decisions. Additionally, the Courts will receive applications from private offices and notary publics concerning work engagements. The law also instructs the Courts regarding supervision of the registry and modification of its data, as well as the preparation of the necessary forms to implement the law’s provisions.
The Notary Public Department will hitherto establish a database of offices authorised to provide private notary public services in Dubai, which will include basic data on each office. This Private Notary Public law also requires notary publics to be UAE citizens. Notary publics of different Arab nationalities can only be appointed when absolutely necessary, and all must have at least ten years of experience.
Furthermore, notary publics must be holders of a degree in law or sharia, or the legal equivalent, and must also successfully pass the tests, training programmes and scheduled interviews required by the new legislation. Private notary publics must also practice the profession through a Dubai-based notary public licensed office.
Under the new law, notary publics will have to take an oath before the First Instance Court Head before beginning their work, and henceforth will not be allowed to perform the job before swearing in. Conversely, the law prohibits the documentation or attestation of any transaction relating to personal status of Muslims or ‘waqf’, the disclosure of any information concerning the clients to other parties, and the transfer of any records or documents.
The Director-General of Dubai Courts will issue bylaws to implement the provisions of this law, which must be published in the official gazette. The law will take effect from the date of issuance and shall also be published in the official gazette.
