Abdellatif Ouahbi: “The Law Must Accompany the Movement of Society”

Recently adopted by the House of Representatives, Bill 71‑24 relating to the Commercial Code marks a major step in the modernization of business law in Morocco. At the heart of this reform, led by the Minister of Justice, Abdellatif Ouahbi, is the sensitive issue of checks without sufficient funds.

The stated ambition is clear: to restore confidence in the check as a means of payment, while putting an end to an exclusively punitive approach that has long burdened the courts and weakened thousands of citizens and businesses.

The new framework introduces a philosophy based on a balance between firmness and flexibility, prioritizing regularization and the amicable settlement of disputes.

Beyond checks, the reform is part of a broader strategy to modernize payment methods, reduce dependence on cash, and strengthen financial transparency.

Presented as a deliberate political choice, it aims to improve the business climate, secure transactions, and strengthen the credibility of the national judicial and economic system. Explanations from the Minister of Justice.

The House of Representatives recently adopted Bill 71‑24 relating to the Commercial Code. Why is this new framework being introduced now?

This reform responds to an economic and social reality that has profoundly evolved. The law must accompany the movement of society rather than hinder it. For several years, the issue of checks without sufficient funds has become a genuine economic, social, and even human concern, affecting both businesses and citizens.

His Majesty King Mohammed VI has repeatedly emphasized that justice must serve the citizen and development. It is in this spirit that we carried out this reform: to adapt our legal framework to the transformations of the national economy, preserve the credibility of commercial transactions, and introduce greater balance and efficiency in handling these situations. This is not a simple technical adjustment, but a deliberate political choice: to modernize business law and strengthen confidence in the national economy.

What does this new law bring and what objectives are expected from it?

This law provides a clear response to a long-standing issue: how to preserve the value of the check while avoiding situations where economic difficulties systematically turn into judicial tragedies. We opted for a balanced and responsible approach.

The text maintains the binding nature of the check to protect trust in transactions, but introduces more flexible, faster, and more effective mechanisms for regularization.

The objectives are multiple: strengthening legal security, improving the business climate, encouraging financial transparency, reducing excessive reliance on criminal litigation, and promoting voluntary regularization.

It sends a strong message to investors and economic actors: Morocco is modernizing its legal framework, securing its transactions, and building a stable and credible legal environment.

From reading the text, two aspects stand out: the use of checks and payment methods. Can you tell us more about the changes introduced by this new legal framework?

Indeed, the reform does not concern only the check as a legal instrument, but the entire ecosystem of payment methods. It primarily aims to restore confidence in the check by reinforcing it as a means of payment rather than a simple guarantee.

It also introduces mechanisms to further secure transactions and encourage the use of traceable payment methods. This reform is part of a broader policy aimed at reducing dependence on cash, strengthening financial transparency, and supporting the evolution of commercial practices.

We want a modern economy based on trust, traceability, and legal security. This is an economic issue, but also a matter of governance and credibility.

Regarding checks, new measures are introduced, particularly concerning recourse to the courts in the event of disputes. What does this mean in concrete terms?

The major innovation lies in the very philosophy of the reform: prioritizing regularization rather than automatic punishment. We have introduced mechanisms allowing the debtor to regularize their situation at different stages of the procedure, strengthened the possibilities for amicable settlement, and established the principle of conciliation and payment as the preferred course of action.

The role of justice is to guarantee rights, but also to enable the effective resolution of disputes. By facilitating regularization and dispute resolution, we protect both the beneficiary of the check and the economic activity of the debtor.

This more rational and humane approach will reduce unnecessary litigation and strengthen the overall efficiency of the justice system.

Are you convinced that the entry into force of this law will help reduce the backlog of cases and prevent future congestion in the courts?

No law can, by itself, instantly resolve all the difficulties accumulated over the years. However, this reform creates the conditions for a gradual and significant reduction in litigation related to checks.

By encouraging voluntary regularization, simplifying procedures, and introducing settlement mechanisms at all stages, we will naturally reduce the flow of new cases and encourage the resolution of ongoing ones.

The objective is clear: to allow courts to focus on the most complex and serious disputes, while offering effective and rapid solutions for conflicts related to payment methods. This is a reform aimed at rationalizing, but also modernizing, judicial action.

If we return to the origins of this law, what were the main stages in its development?

This text is the result of in‑depth work carried out over several years. We analyzed the difficulties encountered in judicial and banking practice, then launched consultations with the relevant institutions, legal professionals, and economic stakeholders.

The project then followed its normal course within the government and Parliament, with the debates and improvements that any structuring legislation entails. We wanted a realistic, applicable, and balanced text, capable of meeting the expectations of citizens as well as those of economic operators. This process made it possible to arrive at a coherent and broadly supported reform.

Did you encounter resistance, as was the case with other reforms?

Any major reform naturally raises questions and sometimes reservations. That is the nature of any vibrant democracy. But our responsibility is to listen, engage in dialogue, and ultimately decide in the general interest. On this text, the debate existed, it was useful, and it helped improve certain provisions.

We conducted this reform with both openness and firmness: openness to dialogue with all partners, and firmness regarding the objective of modernizing our law and responding to the legitimate expectations of citizens and economic actors. Reforming sometimes means challenging established habits. But above all, it means preparing the future with clarity and responsibility.