Adoul Profession: Bill Adopted by a Majority in the Chamber of Counsellors

The bill was approved by 20 counsellors, while one voted against it and 11 others abstained.

Presenting the bill, the Minister of Justice, Abdellatif Ouahbi, stated that the amendments introduced to this legislative text fall within the context of the changes taking place in the judicial field and reaffirm the role of this profession as an auxiliary institution of justice. He stressed that the bill “re-examines many components and elements of the law governing the profession”, with the aim of establishing a professional practice carried out under the supervision of the judge in charge of notarial affairs.

The Minister explained that the drafting of the text was the subject of extensive debate, during which around 366 amendments were examined in both chambers of Parliament. He added that, in this context, it was decided to replace the term “justice plan” with “profession of Adoul”, and to require practitioners to affix to the door of their office a sign bearing only the title “Adoul” and not “Adoul notary”, in order to avoid any confusion with the notarial profession, which is governed by separate legislation.

Ouahbi also detailed a set of measures relating to rights and obligations, including the establishment of a maximum period of six months to take up duties following notification of the appointment decision, as well as the introduction of disciplinary sanctions against professionals who cease their activity.

According to the Minister, these measures also include the use of digital media for issuing copies of deeds, certificates and registers, thereby facilitating access for the parties concerned.

At the procedural and organisational levels, he indicated that deeds acquire their official status only after validation by the judge in charge of notarial affairs. He also noted that the quorum required for what is known as “Lafif” testimony has been reduced to 12 witnesses, in response to changes in the current social context.

Similarly, the new text revises the organisation of the National Order of Adouls and the procedures for electing its councils, Ouahbi added.

For their part, the majority groups considered that this bill constitutes an essential link in the process of modernising the judicial system and embodies a strategic vision aimed at modernising adoul practice and accompanying institutional and digital transformations.

In this regard, they welcomed the fundamental reform of the profession consisting in opening access to women, as well as the participatory approach and the positive openness of the Ministry of Justice, thereby ensuring contractual and moral security for Moroccans.

With regard to the provisions, the majority proposed a series of amendments, notably the establishment of a competitive examination system for access to the profession, in line with the principle of equal opportunities, while opening the profession to academic expertise and holders of doctoral degrees.

These measures also include promoting gender equality in the context of “Lafif” testimony, adopting digitisation in order to speed up authentication procedures, and expanding the organisational and financial powers of the National Order of Adouls, with the aim of improving professional and social working conditions.

For its part, the opposition highlighted the positive provisions introduced by this legislative text, particularly those aimed at modernising the profession, digitising its services, and strengthening continuing training mechanisms in order to keep pace with economic and social developments. In this regard, it praised the integration of the category of transcribers into the profession, while calling for the introduction of preferential accompanying measures to support them during the transitional phase.

However, it noted that this bill, despite the gains it contains, continues to raise questions due to certain ambiguities surrounding its organisational provisions and their overlap with other stakeholders in the notarial system.

It therefore called on the government to continue dialogue with all actors in order to guarantee equality, the independence of Adouls and the improvement of their conditions, while accelerating the adoption of regulatory and procedural texts, with a view to achieving the set objectives and addressing the identified challenges.