General News, Legislation - 25 November, 2021
Mohammed bin Rashid amends Dubai’s Notary Public Law
In his capacity as Ruler of Dubai, Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin Rashid Al Maktoum issued Law No. (26) of 2021, amending 15 clauses of Law No. (4) of 2013 on the Notary Public in the Emirate of Dubai.
As part of the amendments, the mention of ‘electronic notary public’ has been added to Clause No. (4) of the Law. An automated system that performs the duties of the notary public, without human interference or the need to be present at the office of the notary public, the ‘electronic notary public’ is an initiative that has been introduced as part of Dubai’s smart government transformation. According to the Law, only UAE citizens with the necessary qualifications and background can perform the role of a notary public.
Amendments made in Clause No. (8) pertain to the creation of the Notary Public Affairs Committee. The amended clause states that the Committee should include at least one judge from Dubai Courts. Amendments in Clause No. (10) set the conditions for listing a notary public in the registry of Dubai Courts.
Amendments made in Clause No. (14) pertain to the roles and responsibilities of an individual or private company licensed to provide notary public services in Dubai. Companies providing notary public services should inform Dubai Courts about licensed individual notary publics working in the company. They should also ensure the individuals are provided all the tools required to provide the service. The private company will be held liable for any mistake made by the company or its individual notary publics. Fines imposed for errors as per the Law or following any other decision need to be paid within 30 days.
Amendments were also made to Clause No. (20) on the functions of the private company providing notary public services and the Electronic Notary, and Clause No. (33) on procedures set by the head of Dubai Courts for correcting mistakes. Amendments made to Clause No. (35) pertain to electronic notary services, procedures for verifying the identity of a person, virtual calls and payment of fees, among others.
Amendments made to Clause No. (36) pertain to the creation of a permanent “grievance committee”, which should include at least one judge from Dubai Court, while amendments made to Clause No (37) pertain to grievance procedures. Amendments made to Clause No. (39) relate to inspections conducted on notary publics, guarantees and penalties imposed for violations.
Law No. (26) of 2021 will be published in the Official Gazette, and is effective from the date of publishing.