- Article (1) Definitions
- Article (2) Scope of Application
- Article (3) Performing Notarial Duties
- Article (4) Functions of the Notary
- Article (5) Language of Instruments
- Article (6) Execution and Notarization of Instruments
- Article (7) Verification of Identity and Capacity of Persons Concerned
- Article (8) Transactions of Persons with Special Needs
- Article (9) Register
- Article (10) Drawing Up of Minutes and Issuance of Certificates
- Article (11) Drafting and Notarization of Affidavits
- Article (12) Notarization of Signatures on Private Instruments
- Article (13) Establishment of Private Instrument's Date
- Article (14) Writ of Execution
- Article (15) Notary's Obligations
- Article (16) Notary's Prohibitions
- Article (17) Legal Representation of the Persons Concerned
- Article (18) Use of IT Tools
- Article (19) Submission of Transaction via IT Tools
- Article (20) Issuance of Necessary Decisions via IT Tools
- Article (21) Confidentiality of E-Registers
- Article (22) Applicability of Information Security Regulations and Policies
- Article (23) Evidentiary Value of E-Signature and E-Document
- Article (24) Public Notary Appointment Conditions
- Article (25) Public Notary Appointment Mechanism
- Article (26) Performance of Public Notary Duties by Accredited State Consuls
- Article (27) Public Notary's Nature-of-Work Allowance
- Article (28) Legislation of Human Resources in the Federal Government
- Article (29) Private Notary's License
- Article (30) Private Notary Licensing Conditions
- Article (31) Lawyer's Performance of Private Notary's Duties
- Article (32) Private Notary's Performance of Notarial Duties
- Article (33) Composition of Private Notary Admission Committee
- Article (34) Private Notary Admission Committee's Competencies
- Article (35) Complaints Against Private Notary
- Article (36) Composition of Private Notary Disciplinary Board
- Article (37) Initiation of Disciplinary Action
- Article (38) Disciplinary Board's Hearings and Challenging Its Judgments
- Article (39) Adjudication on the Disciplinary Action
- Article (40) Disciplinary Penalties to be Imposed on Private Notary
General Provisions
- Article (41) Taking the Legal Oath
- Article (42) Competent Department's Supervision of Notary's Work
- Article (43) Obtaining Copies of the Instruments Kept in the Notary's Files
- Article (44) Instrument Correction
- Article (45) Official Seals and Writ of Execution Seals
- Article (46) Arrest and Investigation
- Article (47) Notary Code of Ethics and Professional Conduct
Crimes and Penalties
- Article (48) Penalty for Performing Notarial Duties Without a License
- Article (49) Penalty for Disclosure of Work Secrets
- Imposition of Harsher Penalty Prescribed by Other Law
- Article (51) Capacity of Judicial Officers
- Article (52) Administrative Penalty Regulations
- Article (53) Government Bodies' Exemption from Fees
- Article (54) Fees
- Article (55) The Executive Regulations
- Article (56) The Executive Resolutions
- Article (57) Repeals
- Article (58) Publication & Entry into Force
Article (1) Definitions
The following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires:
The State: The United Arab Emirates.
The Ministry: The Ministry of Justice.
The Minister: The Minister of Justice.
President of the Competent Court: President of the competent court of first instance.
The Competent Department: The Ministry's organizational unit in charge of notary affairs.
Department Director: The Competent Department's director.
The Committee: The Private Notary Admission Committee.
Notary: The natural person who performs the functions described in this Decree by Law, including both the Public Notary and Private Notary.
Public Notary: An employee of the Competent Department who is designated to perform the notarial services according to the provisions of this Decree by Law.
Private Notary: A natural person whose name is listed in the Competent Department's register, and is duly authorized to perform the notarial services, according to the provisions of this Decree by Law and its Executive Regulations.
Register: A paper or electronic record in which the transactions conducted by the Notary are documented.
Instrument: Every document, contract, notice or warning that is drafted or notarized by the Notary, or which is served upon the persons concerned, according to the provisions of this Decree by Law or any other applicable legislation.
Drafting: The drawing up and notarization of the instrument directly by the Notary at the request of the persons concerned.
Notarization: The Notary's attestation of the instrument and recording the same in the register, according to the provisions of this Decree by Law and its Executive Regulations.
Person Concerned: Anybody who requests that the Notary carry out any transaction according to the provisions of this Decree by Law and its Executive Regulations.
The Minutes: A document that contains summarized description of the procedures carried out by the Notary on the instrument, depending on the nature of every instrument, according to the provisions of this Decree by Law and its Executive Regulations.
Interpreter: A natural person whose name is listed in the Ministry's interpreter register, or upon whom the Notary administers a legal oath to perform interpretation services in relation to a particular transaction or a set of specific transactions.
Information Technology Tool (IT tools): Any electronic tool used for carrying out logical and arithmetic calculations, or for storing, transmitting and receiving the data.
E-Document: An electronic record, email message or data statement that is created, stored, extracted, copied, sent, communicated or received through any IT tool on an automated electronic medium, and is understandably retrievable.
E-Signature: A signature made up of characters, numbers, symbols, voice, fingerprint or a processing system in an electronic form, and is attached to or logically associated with an e-document, and which intended to verify the identity of the signer and the latter's acceptance of the content of the associated data content.
E-Information System: A set of software programs and IT tools that are used for the creation, processing, management, storage and exchange of e-information and the like.
Article (2) Scope of Application
The provisions of this Decree by Law shall apply to all persons performing notarial duties in the State, including the free zones, with the exception of the local judicial authorities whose notarial services are governed by local legislation.
Article (3) Performing Notarial Duties
The notarial duties shall be exclusively performed by the following persons:
1.Public Notaries;
2.Private Notaries; and
3.Authorized consuls of the State.
Article (4) Functions of the Notary
The Notary shall perform the following functions:
1. Notarize the documents and contracts required to be notarized by the law or persons concerned, according to the provisions of this Decree by Law and its Executive Regulations;
2. Administer the oath according to the provisions of this Decree by Law and its Executive Regulations;
3. Notarize the signatures of persons concerned;
4. Draft and notarize the affidavits;
5. Establish the date of private instruments as described in this Decree by Law and its Executive Regulations;
6. Notarize the wills of Non-Muslims;
7. Draft and notarize the notices, warnings and objections at the request of the persons concerned according to the provisions of this Decree by Law;
8. Communicate with the relevant entities for conducting the necessary verification when the drafting or notarization referred to in (7) of this Article cannot be made;
9. Affix the executive formula on the instruments according to the provisions of this Decree by Law; and
10. Any other functions assigned to them according to the provisions of this Decree by Law or any other applicable legislation.
Article (5) Language of Instruments
The instrument drafted by the Notary shall be in Arabic, and may, however, be drafted in any foreign language, according to the circumstances and subject to conditions to be described in a resolution of the Minister.
Article (6) Execution and Notarization of Instruments
The Notary shall draft and notarize the documents and instruments required to be notarized by the law or persons concerned, retain their originals, shall deliver the copies required by the persons concerned, and shall record the same in the register in accordance with the provisions set forth in the executive regulations of this Decree by Law.
Article (7) Verification of Identity and Capacity of Persons Concerned
Before carrying out any transaction, the Notary shall take the following actions:
1. Verify the identity of the persons concerned, by reviewing the ID card, passport or any other official document issued by the State;
2. Verify the capacity, legal designation of the persons concerned and their consent regarding the contents of the underlying transaction; and
3. Read out the content of the underlying transaction and reveal the effects thereof, if the same is drafted or notarized by the Notary. In this respect, the Notary shall record in the Minutes that the content of the instrument has been read out in the presence of the persons concerned, and that the latter have been acquainted with, and accepted, such contents.
Article (8) Transactions of Persons with Special Needs
1. If any person concerned is illiterate, the Notary shall take their thumbprint affixed to the instrument, and shall record the same in the Minutes.
2. If any person concerned is afflicted with a disability that precludes the affixation of his / her signature or thumbprint, such a person shall designate any other person, whose identity shall be verified by the Notary based on his / her ID card, passport or the equivalent, to sign on behalf of the disabled person at the end of the instrument, and the same shall be recorded in the Minutes.
3. If the Notary is unfamiliar with the language of the persons concerned, he shall engage an interpreter – whose name is listed in the Ministry's Interpreter Register – to interpret the matters required by the Notary in the presence of the persons concerned. Failing which, the concerned persons shall be required to engage an interpreter upon whom the Notary shall administer the oath. Such an interpreter shall sign at the end of the Instrument, and the same shall be recorded in the Minutes.
4. If any person concerned is afflicted with a disability that precludes his / her expression of his / her will in an ordinary manner, the Notary shall either engage any specialized interpreter, if any, or designate any person to provide assistance in this respect at the request of the persons concerned. The person so designated shall take the oath and sign at the end of the instrument, and the same shall be recorded in the Minutes. In which case, the persons concerned shall pay the fees of the interpreter or assistant.
5. If any concerned person is afflicted with a mental disability, the curator appointed by the competent court shall sign on his behalf.
Article (9) Register
1. The Competent Department shall keep a register in which the instruments are to be recorded. The pages of such a register shall be numbered and arranged by date, and the Register shall be free of any erasure, deletion, addition or breaks. If, however, the Register has any omission or clerical error, or where there is a need to make any correction, deletion or addition, the same shall take place in a paper or electronic format in the presence and under the signature of the persons concerned. In addition, the Notary shall sign the correction according to the procedures set forth in the Executive Regulations of this Decree by Law.
2. The Register referred to in Clause (1) of this Article shall have the evidentiary value in respect of the data, information and instruments recorded and preserved therein.
Article (10) Drawing Up of Minutes and Issuance of Certificates
1. After the persons concerned sign the Instrument, the Notary shall draw up, sign and stamp the Minutes at the end of the Instrument, and shall then deliver the same to the persons concerned as described in the Executive Regulations of this Decree by Law.
2. Certificates extracted from the Register may be issued to the concerned persons so wishing, and may only be delivered to any third parties so requiring based on a written order of the Department Director.
Article (11) Drafting and Notarization of Affidavits
1. The Public Notary shall verify the identity, capacity, designation and consent of the persons concerned before the affidavits are drafted and notarized.
2. The Public Notary shall draft and notarize the affidavits after administering the oath upon the persons concerned, provided that the oath shall only be administered for the purpose of verifying the affidavits required by the persons concerned to be notarized.
3. The Private Notary may submit an application for administering the oath to the persons concerned and notarizing their affidavits, according to the conditions and procedures set forth in the Executive Regulations of this Decree by Law.
Article (12) Notarization of Signatures on Private Instruments
The Notary shall notarize the signatures of the persons concerned on the private instruments at their request, shall record such notarization in the register, and shall issue certificates to the persons concerned based on such register, according to the executive regulations of this Decree by Law.
Article (13) Establishment of Private Instrument's Date
1. The Notary shall establish the date of private instruments by assigning serial numbers thereto in the Register, and shall draw up Minutes at the end of the Instrument establishing the date of its submission and its registration number in the Register. Such minutes shall be signed by, and stamped with the official seal of, the Notary and then delivered to the persons concerned, as described in the executive regulations of this Decree by Law.
2. Date establishment certificates may be issued to the persons concerned based on the information extracted from Register, and may only be delivered to third parties based on a written order from the Department Director.
Article (14) Writ of Execution
1. The Public Notary shall, at the request of the persons concerned, have the writ of execution affixed to the instruments drafted or notarized by him according to the provisions of this Decree by Law, and which contain obligations that are established, of a specified amount and due for performance, and only one copy thereof shall be delivered to the person concerned having an interest for enforcing the content thereof.
2. A second copy of the instrument to which the writ of execution is affixed may only be delivered to the persons concerned based on a written order from the Department Director, in the event that the initial copy is lost or cannot be used.
Article (15) Notary's Obligations
The Notary shall be required to comply with the following:
1. Keep a register for recording all the transactions that are drafted or notarized by the Notary;
2. Keep in the register original copies of the instruments which are drafted or notarized or their dates are established by the Notary, or any other transaction carried out by the Notary, chronologically numbered; and
3. Keep a copy of any documents or paperwork relied upon by the Notary in carrying out the underlying transaction according to the provisions of this Decree by Law and its Executive Regulations.
Article (16) Notary's Prohibitions
The Notary shall be prohibited from:
1. Approval of the signatures of employees of the federal or local government, public authorities, public institutions or other government entities affiliated to any of them, on the certificates, documents or other paperwork signed by them ex officio;
2. Drafting or notarizing the signatures or establishing the date of any instrument, if it is proven that the person concerned is lacking the capacity, authority, or consent, or where the subject of the underlying instrument is manifestly void, involves violation of the applicable legislation, public order or public morals, or is intended to circumvent any of the same. In which case, the Notary shall reveal the reasons behind the rejection, so that any person concerned may file a grievance with the Department Director within seven (7) days from the date of being aware thereof, and the latter's decision shall be final;
3. Drafting or notarizing any instruments relating to the personal status of Muslims;
4. Drafting or notarizing any instruments relating to the creation, amendment of the provisions, or revocation, of endowment (waqf);
5. Drafting or notarizing any instruments relating to the creation, transfer, change or termination of any title to, or right in-rem over, any real property;
6. Drafting or notarizing any instruments whose drafting or notarization falls within
the scope of competence of any other authority under the applicable legislation;
7. Performing any action in respect of which the Notary or any of their ascendants or descendants, spouse or their parents may have an apparent or hidden personal intertest, or accepting any of such persons as an interpreter or assistant;
8. Disclosing to a third party any information relating to the persons concerned and which comes to their knowledge ex officio;
9. Delivering any copy of any instrument to any person not a party to the underlying transaction except by a written permission of the Department Director;
10. Transferring any register, instruments or other official papers that are kept in their custody outside the office, and the Public Prosecution may review the same at the place in which they are kept, and may request that the same be included in the file of any pending case provided that a decision is issued by the president of the competent court. In which case, a copy of the same shall be kept by the Notary after being attested by both the Notary and President of the Competent Court;
11. Leaving their office to carry out any transaction according to the provisions of this Decree by Law, except for the cases described in the executive regulations of this Decree by Law; or
12. Combining their office and any other public or private job at the same time, other than the cases set forth in this Decree by Law.
Article (17) Legal Representation of the Persons Concerned
The Persons Concerned, or their legal representatives, shall appear before the Notary in person.
Article (18) Use of IT Tools
The Notary may use IT tools for carrying out all the transactions that fall within the scope of their competence under the provisions of this Decree by Law, without requiring the personal appearance of the persons concerned or their representatives before the Notary when performing the transaction.
Article (19) Submission of Transaction via IT Tools
The provisions of submitting the instruments, verifying the identity, registration, appearance, payment of fees and notification, which are contained herein, shall be deemed fulfilled if carried out in whole or in part, using the IT tools according to the applicable legislation.
Article (20) Issuance of Necessary Decisions via IT Tools
The Minister may issue the necessary decisions regulating the use of IT tools for carrying out the notarial services according to the provisions hereof.
Article (21) Confidentiality of E-Registers
Subject to the provisions of Article (15) hereof, the registers shall be created and kept electronically, shall be confidential, and may only be circulated, reviewed, copied or deleted from the e-information system under permission of the Department Director according to the provisions hereof.
Article (22) Applicability of Information Security Regulations and Policies
The information security regulations and policies that are approved in the State shall apply to the use of IT tools described in this Decree by Law and the decisions issued in implementation hereof.
Article (23) Evidentiary Value of E-Signature and E-Document
The E-Signature and E-Document notarized in accordance with the provisions of this Decree by Law shall have the same evidentiary value of the official signature or instrument as provided for in the Law of Evidence in Civil and Commercial Transactions.
Article (24) Public Notary Appointment Conditions
Whoever is appointed as a Public Notary shall satisfy the following requirements:
1.To be a UAE national;
2.To be of full legal capacity and medically fit;
3.To be of good conduct and reputation, and has never been sentenced by a court on the grounds of any felony or misdemeanor involving moral turpitude or breach of trust, even if subsequently rehabilitated;
4.To be holder of an academic degree in Law or Sharia and Law from a recognized university or higher institute in the State, or an equivalent degree thereof;
5.To successfully pass the procedures and tests prescribed by the Ministry; and
6.To satisfy any other requirements described in the executive regulations of this Decree Law.
Article (25) Public Notary Appointment Mechanism
The Public Notary shall be appointed under a resolution of the Minister, and their place of work at the courts or elsewhere shall be determined by the Competent Department.
Article (26) Performance of Public Notary Duties by Accredited State Consuls
Outside the State, the Public Notaries' duties shall be performed by the accredited consuls of the State or their corresponding officers of the diplomatic missions, according to the controls to be described in a cabinet resolution based on the Minister's proposal.
Article (27) Public Notary's Nature-of-Work Allowance
Pursuant to a cabinet resolution, the Public Notary may be granted a nature of work allowance according to his professional grade.
Article (28) Legislation of Human Resources in the Federal Government
The legislation of human resources in the federal government, as well as the regulations governing the public office affairs, shall apply to whoever is appointed as a Public Notary.
Article (29) Private Notary's License
1. The Private Notary may only practice his duties in the State after being both licensed by the Committee and listed in the register, according to the provisions of this Decree by Law and its Executive Regulations.
2. The Competent Department shall create a register for the registration of Private Notaries, and the Executive Regulations of this Decree by Law shall indicate the details of such register and the procedures for registration therein.
Article (30) Private Notary Licensing Conditions
The Private Notary shall satisfy the following requirements as a perquisite for getting licensed:
a. To be a UAE national;
b. To be of full legal capacity and medically fit;
c. To be of good conduct and reputation, and not previously convicted of any felony or misdemeanor involving moral turpitude or breach of trust, even if subsequently rehabilitated;
d. To hold an academic degree in Law or Sharia and Law from a recognized university or higher institute in the State, or an equivalent degree thereof;
e. To have already engaged in the judicial or legal jobs described in the executive regulations of this Decree by Law for a minimum period of three (3) years;
f. To submit a valid insurance policy against professional liability, issued by an insurer duly licensed to operate in the State, in accordance with the controls determined by the Minister;
g. His name must not have been deleted from the register, unless three (3) years have lapsed following the issue date of the decision or judgment;
h. To successfully pass the procedures and tests prescribed by the Ministry; and
i. To pay the prescribed fees; and
j. To satisfy any other conditions set forth in the Executive Regulations of this Decree by Law.
Article (31) Lawyer's Performance of Private Notary's Duties
The practicing lawyer may perform the duties of the Private Notary if the Lawyer concerned satisfies the conditions set forth in Article (30) hereof.
Article (32) Private Notary's Performance of Notarial Duties
The Private Notary shall perform his notarial duties through a licensed office for this purpose or through a licensed law firm, according to the controls and procedures set forth in the executive regulations of this Decree by Law.
Article (33) Composition of Private Notary Admission Committee
The Minister shall issue a resolution composing a committee to be known as (Private Notary Admission Committee), comprising at least six (6) members, including the chairman and deputy chairperson, vice - Chairperson in addition to the Notary Public. The resolution shall determine the committee's work system.
Article (34) Private Notary Admission Committee's Competencies
1. The Committee shall perform the following functions:
a. Review and decide on the applications for the licensing and renewal of the license of the Private Notary as well as the applications of license revocation and suspension of Private Notary's duties, as described in the executive regulations of this Decree by Law;
b. Review and decide on the applications for the transfer of the Private Notary from an office to another;
c. Consider the acts committed by the Private Notary in violation of the provisions of this Decree by Law and its executive regulations, and which are referred thereto by the Competent Department;
d. Consider the complaints filed against the Private Notary or its firm, and shall decide that the same be either dismissed or referred to the Public Prosecution; and
e. Any other functions assigned to the Committee under this Decree by Law and its Executive Regulations.
2. The Committee shall issue reasoned resolutions in the event that any of the applications referred to in Clause (1.A) of this Article is rejected.
Article (35) Complaints Against Private Notary
1. The Competent Department shall notify the Private Notary of any complaint filed against them in order to respond thereto not later than fifteen (15) working days following the date of being notified.
2. The Competent Department shall refer the complaint, together with the Private Notary's response thereto, to the Committee for the latter to decide whether the same should be either dismissed or referred to the Public Prosecution for instituting and proceeding with the disciplinary case before the Disciplinary Board.
Article (36) Composition of Private Notary Disciplinary Board
1. The Minister shall issue a resolution composing a board to be known as ("Private Notary Disciplinary Board"), under the chairmanship of a President of the Courts of Appeal, and having two judges of such courts as nominated by the Competent Judicial Body in which they work. The resolution so issued shall determine the board's work system.
2. The Disciplinary Board may designate an employee of the Court of Appeal to assume the secretariat duties of the board.
Article (37) Initiation of Disciplinary Action
1. The disciplinary action shall be initiated by the Public Prosecution before the Disciplinary Board by a petition that contains the violations and supporting evidence.
2. The Public Prosecution shall summon the Private Notary to appear before the Disciplinary Board, at least ten (10) working days prior to the scheduled hearing date, and shall follow up on the disciplinary action until the same is decided on.
3. The Disciplinary Board may conduct any necessary investigations, and may delegate any of its members to perform the same.
4. The Disciplinary Board may proceed with the disciplinary action in the event that the Private Notary concerned fails to attend the Disciplinary Board's hearings without any acceptable excuse.
5. The Disciplinary Board may temporarily suspend the Private Notary from performing their duties until the trial is completed.
Article (38) Disciplinary Board's Hearings and Challenging Its Judgments
1. The Disciplinary Board's hearings and deliberations shall be confidential.
2. The Private Notary shall appear in person before the Disciplinary Board, and may submit his defense in writing or engage a lawyer.
3. If the Private Notary fails to appear before the Disciplinary Board, a judgment in absentia may be rendered against them after verifying that the Private Notary has been duly notified.
4. The Disciplinary Board shall issue its decisions by majority based on their supporting grounds, and the decision so issued shall be served upon the Private Notary within ten (10) days following its date of issuance.
5. The Public Prosecution and Private Notary may appeal the judgment rendered by the Disciplinary Board before the competent court of appeal within thirty (30) days following its date of issuance if the judgment was rendered in presence of the Private Notary, and from the date of notification to the Private Notary if issued in absentia.
6. The Private Notary shall not be prejudiced by filing an appeal against the judgment issued by the Disciplinary Board.
Article (39) Adjudication on the Disciplinary Action
The judgment rendered in respect of the disciplinary action shall include the grounds relied upon, and such grounds shall be read out when the judgment is pronounced in a confidential hearing.
Article (40) Disciplinary Penalties to be Imposed on Private Notary
1. Any disciplinary penalty may only be imposed on the Private Notary based on a decision of the Disciplinary Board, after a written investigation is conducted and the Private Notary's statements are heard according to the provisions of this Decree by Law.
2. The disciplinary penalties to be imposed on the Private Notary shall be as follows:
a. Warning;
b. License suspension for not more than six (6) months; or
c. License revocation and irrevocable deletion of the Private Notary's name from the register.
3. The penalties imposed on the Notary Public shall be without prejudice to the civil or criminal liability, if necessary.
General Provisions
Article (41) Taking the Legal Oath
1. The Notary may only perform his duties after the legal oath is taken.
2. The Notary shall take the following oath before the Minister: ("I swear by Almighty God that I will perform my work with full accuracy, honesty and dedication, and that I will safeguard the confidentiality of my official duties").
3. Oath-taking minutes shall be drawn up and kept in the Notary's file with the Competent Department.
Article (42) Competent Department's Supervision of Notary's Work
The Competent Department shall supervise, and conduct administrative and technical inspection, the Notary's work, as described in the executive regulations of this Decree by Law.
Article (43) Obtaining Copies of the Instruments Kept in the Notary's Files
The Persons Concerned may obtain a copy of any paper of their own instruments kept in the Notary's files or recorded in the Register, as described in the executive regulation of this Decree by Law.
Article (44) Instrument Correction
1. Any clerical or arithmetic errors in the instrument, which are committed in the course of the Notary's performance of his duties, shall not affect the validity of the same. In which case, however, the Notary shall correct any such error.
2. If any error is committed by the persons concerned regarding any of the information and data recorded in the instrument, the Notary may, at their request, correct the same.
3. The executive regulations of this Decree by Law shall determine the controls and procedures for implementing this Article.
Article (45) Official Seals and Writ of Execution Seals
The Ministry shall approve the official seals of the Notary, as well as the seals of the writs of execution for the transactions carried out by them, according to the provisions set forth in the executive regulations of this Decree by Law.
Article (46) Arrest and Investigation
The Notary may undergo arrest and investigation, and his office may be inspected in relation to matters associated with his notarial duties, only based on a warrant from the Public Prosecution.
Article (47) Notary Code of Ethics and Professional Conduct
The Minister shall issue a code of Principles and Ethics for the notary profession, as well as the guidelines and controls to be observed by the Notary. Violation of any provision of the Code shall entail the imposition of proportional disciplinary penalties.
Crimes and Penalties
Article (48) Penalty for Performing Notarial Duties Without a License
Whoever performs the professional duties of a notary without holding a relevant license shall be punished by imprisonment for a period of not less than six (6) months and / or a fine of not less than AED (30,000) thirty thousand dirhams and not exceeding one hundred thousand dirhams (AED 100,000).
Article (49) Penalty for Disclosure of Work Secrets
Any Notary who discloses any secret that comes to his knowledge ex officio shall be punished by imprisonment for a period of not less than six (6) months and / or a fine of not less than AED (30,000) thirty thousand dirhams and not exceeding one hundred thousand dirhams (AED 100,000).
Imposition of Harsher Penalty Prescribed by Other Law
Imposition of the penalties set forth herein shall be without prejudice any harsher penalty prescribed by any other law.
Article (51) Capacity of Judicial Officers
Employees of the Competent Department, who are named in a resolution of the Minister, shall, within their respective areas of competence, have the capacity of judicial officers in respect of the crimes committed in violation of the provisions of this Decree by Law and its executive regulations as well as the decisions issued in implementation hereof.
Article (52) Administrative Penalty Regulations
The Cabinet shall issue administrative penalty regulations based upon the Minister's proposal in respect of the acts committed in violation of the provisions of this Decree by Law and its Executive Regulations.
Article (53) Government Bodies' Exemption from Fees
Federal and local government entities shall be exempted from the fees in respect of all transactions carried out by the Notary.
Article (54) Fees
The Cabinet shall, based upon the Minister's proposal and presentation of the Minister of Finance, issue a resolution determining the fees for transactions carried out by the Public Notary and the fees of the Private Notary.
Article (55) The Executive Regulations
The Cabinet shall, based upon the Minister's proposal, issue the Executive Regulations of this Decree by Law, within six (6) months from the date of its publication in the official gazette.
Article (56) The Executive Resolutions
The Minister shall issue the resolutions required for implementing the provisions of this Decree by Law and its Executive Regulations.
Article (57) Repeals
1. The Federal Law No. (4) of 2013 regarding the Regulation of the Notary Profession, as amended, as well as any provision that violates or conflicts with the provisions hereof, shall all be repealed.
2. The Executive Regulations and resolutions that are in force when this Decree by Law is issued shall continue in full force and effect insofar as they do not conflict with the provisions hereof, until the issuance of the Implementing Regulation and Executive Resolutions of this Decree by Law.
Article (58) Publication & Entry into Force
This Decree by Law shall be published in the Official Gazette, and shall enter into force three (3) months from the date of its publication.
Translated in cooperation with