HM King issues Notarization Law amendment

His Majesty King Hamad bin Isa Al Khalifa issued Law Decree 37/2017 amending some provisions of Notarization Law 14/1971.

The law amendment included a new article (1 ditto) added to the Law Decree 14/1971 stipulating the qualifications of applicants for Notary Public licensure. The minister may issue license to qualified, good reputed and well-behaved applicants who should not have been convicted in any crime or misdemeanor that affects honour or honesty even if consideration was restored or pardoned. The licensees may be either retired judges, members of the Public Prosecution, members of the Legislation and Legal Opinion Commission, lawyers or attorneys licensed by a resolution from the minister responsible for justice affairs. The minister issues a resolution to state the duties of a licensed notary public, their book keeping and records and penalties imposable for violation, the license fees to be paid to the ministry and the fees of notarization business they undertake after the Cabinet approves.

A private notary public may collect fees on the notarization/attestation business and to deposit these amounts into the account of the ministry responsible for justice affairs according to the durations and conditions set by the ministry. A private notary public may charge a financial sum from the service recipients in consideration of the notarization business.

The Notarization Office assumes the supervision and auditing of a licensed private notary practice according to the provisions of the law and its executive code and the resolutions in implementation thereof. The Notarization Office shall carry out administrative and technical inspection of a private notary public business and enter the private notary office at any time to view all the transactions, attestations, books, records, documents and to take photocopies whenever necessary.

The minister responsible for justice affairs shall have jurisdiction to penalize a private notary public whenever they violated the provisions of this law or its executive code or implementation resolutions. The minister’s decision shall state the reasons for administrative shutdown of a licensed private notary public or take any other penalties defined in a resolution from the minister. A licensed private notary public and their staff shall be deemed as public servants regarding enforcement of the provisions of the Penal Code. All transactions carried out by a licensed private notary public shall be inscribed, documented and all their books, records, receipts and documents shall be deemed the propriety of the ministry concerned with justice affairs. A writ prepared by a licensed private notary public shall have the same power of official writs.

Writs prepared by a licensed private notary public may be in Arabic or translated into English by a translator chosen and trusted by the contractual parties who should sign on the writ together with the contractual parties and the notary public. Also, writs may be inscribed in English whenever the law permits and in other writs defined by a resolution issued by the minister concerned with justice affairs. The writs in English language may be notarized by the notaries designated by a resolution of the minister concerned with justice affairs, or a private notary public whose license states the permissibility of attestation of English writs.

The minister in charge of justice affairs has been tasked to issue the necessary resolutions for implementation of the provisions of this law within six months from the date of its issuance.

The Prime Minister and each of the ministers according to their domain shall implement this law which becomes effective forty-five days after the date of its publication in the Official Gazette.

Source: BNA