Law No. (7) of 2023 On Notary Public in Ras Al Khaimah..... (Amended by Law (1) of 2024) We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Decree-Law No. (31) of 2021 on Promulgating Crime & Penal Law; And Federal Decree-Law No. (46) of 2021 on Electronic Transactions & Thiqa Services; And Federal Decree-Law No. (22) of 2022 on Regulating Translation Profession; And Federal Decree-Law No. (35) of 2022 on Promulgating Law of Evidence in Civil & Commercial Transaction; And Federal Decree-Law No. (42) of 2022 on Promulgating Civil Procedures Law; And Federal Decree-Law No. (50) of 2022 on Promulgating Commercial Transactions Law; And Law No. (5) of 2012 on Regulating Judiciary, as amended; And Law No. (1) of 2013 on Government Human Resources; And Law No. (9) of 2017 on Regulating Working With Electronic Deeds & Signatures in Emirate of Ras Al Khaimah; Have promulgated the following Law: Article (1) The following words and phrases shall have the meanings indicated to each of them respectively, unless context otherwise requires: State: United Arab Emirates Emirate: Emirate of Ras Al Khaimah Department: Ras Al Khaimah Municipality Department President: Department President Court President: President of Court of First Instance Administration: Notary Public Administration Director: Notary Public Administration Director Notary: Legal Specialist entrusted with competences stated in this law, including Notary Public, Private Notary and personnel of government authorities registered in the roll Public Notary: Public Employee appointed with the Department who shall have competence to do the works set forth in this law Private Notary: Each person licensed to practice competences assigned thereto of Notary Public works according to provisions of this law Stakeholders: Deed parties or their legal representatives Register: Manual or electronic register prepared to make and register transactions conducted by Notary Public Deed: Every document made or authenticated or Notary Public notified stakeholders thereof according to provisions of this law or any other law Notarization: Notary Public notarization on signature or thumbprint of stakeholders manually or electronically Authentication: Make or write the deed as per request of stakeholders and record the same in the register dedicated for this purpose Date Proof: Prove date of the deed made by Notary Public Article (2) Provisions of this law shall apply to whoever practice Notary Public works in the Emirate, including Ras Al Khaimah Economic Zones. Article (3) Notary Public Administration shall be established in the Department consisting of Director and sufficient number of Notary Public and administrative employees shall assist him. The President may establish fixed or mobile branches of this Administration in the Emirate, whenever necessary. Article (4) Practicing of Notary Public works in the Emirate shall be limited to each of Public Notary, Private Notary, employees of government authorities recorded in rolls created in the Administration for this purpose. Article (5) By resolution from the President, Notary Public Affairs Committee shall be formed and presided by Court President or any of judges delegated by him and membership of a judge, director and a notary Public in the Administration and it shall have a secretary to be nominated from among Administration personnel by resolution from the director and it shall be referred thereto in this law as “The Committee” Article (6) The Committee shall hold its meetings upon invitation from president thereof and the meeting shall be valid by presence of majority of its members and the resolutions thereof shall be issued by majority of attendees’ votes and in case of equality, the President of the session shall have casting vote. Article (7) Authority shall have competence to the following: 1- Conduct tests and interviews for candidates for Notary Public position and government authorities’ employees to be recorded in the roll. 2- Decide on applications for recording government authorities’ employees and Private Notary in the roll and renew recording thereof. 3- Decide on applications for Private Notary office permit and renew the same. 4- Decide on applications to move Private Notary from one office to another. 5- Technical and administrative inspection on Notary Public works and it shall be entitled to delegate whomever it wants from those who have experience for that. 6- Decide on objections submitted by stakeholders on the procedures taken against them by Private Notary and government authorities’ personnel recorded in the roll and take appropriate procedures in respect thereof according to provisions of this law and resolutions issued thereby. 7- Consider complaints and violations committed by the office or Private Notary and government authorities’ personnel recorded in the roll and take appropriate procedures in respect thereof including imposing penalties stated in this law and resolutions issued in implementation thereof. 8- Decide on applications submitted thereto by Private Notary to stop practicing his activity. 9- Any other tasks or powers entrusted thereto by the President. Article (8) Director and Public Notary shall be appointed by resolution from the President after approval of the Committee. Article (9) It is required for any person to be appointed in position of Public Notary to meet the following conditions, 1- He shall be citizen of the State and President may, when necessary, exempt non-local citizens from this condition. 2- He shall hold degree in law or sharia and law from one of the recognized universities or higher institutes in the State or equivalent thereof 3- He shall be legally competent. 4- He shall be medically fit to carry out works of his job. 5- He shall be of good conduct and not convicted previously of felony or crime of dishonor or dishonesty even if he has been rehabilitated or pardoned and not previously terminated disciplinarily. 6- He shall pass scheduled tests and interviews. Article (10) The Notary is prohibited from exercising his duties and powers stipulated in this law before taking oath before Court President in the following wording: (I swear by Allah to perform my work with all truthfulness and honesty and to keep secrets of my profession and to respect the law) Article (11) Government Human Resources Law in force shall apply to Public Notary in whatever not stipulated in this law and it is permissible to propose special rolls if working conditions require so. Article (12) It is permissible, by resolution from Executive Council, to grant nature of work allowance to Public Notary according to the grade he occupies. Article (13) The Committee may, upon request of government authorities, record any of its employees in the roll, provided that their practice of competences assigned thereto of Public Notary works shall be limited to authorities to which they belong. The President shall determine competences of government authorities’ personnel who are recorded in the roll. Administration shall issue Notary Card for government authorities personnel recorded in the roll and form and details that should be stated therein shall be determined under a resolution issued by the President. Article (14) Private Notary may be licensed to conduct all or some authentication works stipulated in the law and he is prohibited from any work outside the licensed ones or those prohibited to be done by Public Notary. A resolution of the license and permitted works shall be issued by the President. Article (15) A- Private Notary should carry on his works through an office. B- Applicant of Private Notary License should meet the following conditions: 1- He shall be citizen of the State and President may, when necessary, exempt non-local citizens from this condition. 2- He shall have practical experience not less than five years in judiciary, Public Prosecution or advocacy and works equivalent thereof or Notary works or teaching Islamic sharia and law or law in any recognized universities or higher institutes in the State 3- Not to hold another position except licensed Private Notary of practitioners of advocacy profession. 4- The office premise shall be suitable to receive the public and carry out powers and duties of the Notary and equipped with facilities and supplies determined by the Director. 5- Pass successfully scheduled tests, trainings and interviews. 6- Submit valid insurance policy for the term of the permit against liability for professional errors, issued by an insurance company licensed in the State in insurance amount determined by the President. 7- Pay fee specified for office permit. 8- Not to be previously deleted from Private Notary roll. 9- Any other conditions determined by resolution from the President. Article (16) Private Notary Office shall commit to the following: 1- Place the permit in prominent place that is easy for the public to see. 2- Notify Administration of Private Notaries working in the office and every change to their details specified in the roll within five working days from date of change. 3- Obtain prior approval of Administration on any amendment or change related to details of license issued to him by Licensing Authority. 4- Keep special register where details of works that he completed are recorded, completion date thereof, names of their parties for the period determined by the Director. 5- Provide necessary devices, registers, documents, technologies and systems to provide Notary services. 6- Archive deeds and related documents electronically as well as send originals thereof to Administration within five working days from the date of making the deed. 7- Any other obligations determined by resolution from the Director. Article (17) The office shall bear full responsibility for errors committed by Private Notary working therewith, including liability for payment of fines stipulated by this law and resolutions issued in implementation thereof. Department shall not be responsible towards third party for damages that may be incurred by them as a result of providing Notary services by the office under this law and resolutions issued in implementation thereof. Article (18) License shall be personal and the Licensee shall carry out his works himself and it is not permissible to delegate or assign them to third party. The Licensee shall carry out Private Notary works in his premise licensed by competent authority and in case he conducts authentication works outside the premise, he should specify time and place of conducting authentication works. In all cases, he may not carry out Notary works outside the Emirate except by special permit from the Director. Article (19) License term shall be three years and may be renewed for similar period by same procedures followed in applying for the license and conditions stipulated in this law, upon a request submitted by the Licensee within thirty days before expiry thereof and after payment of scheduled fee. License shall expire by expiry of its term unless it is renewed according to provisions of this law or by death of licensed Private Notary. Article (20) An official stamp shall be assigned to Private Notary in respect of all transactions which he conducts according to the law. The official stamp shall be delivered to Private Notary and to be used and maintained under his own responsibility. Private Notary should notify Administration immediately in case the stamp had been damaged, lost or stolen or the electronic information system of his registers and documents had been hacked by third party resulting in cancelling, deleting, destroying, disclosing, damaging or re-publishing information related thereto. Article (21) The license of Private Notary shall be cancelled in any of the following cases: 1- It is proved that he obtained the license based on incorrect documents or information. 2- Not meeting one or more conditions for granting the license. 3- Delete his name from the roll disciplinary. 4- A final criminal judgment had been issued against him of felony or crime of dishonor or dishonesty. 5- Submit written application to cancel the license. Article (22) The Public Notary shall have the following competences: 1- Authenticate all deeds that must be authenticated by law or upon request of stakeholders except what had been excluded by special provision. 2- Keep originals of authenticated deeds and give official copy thereof upon request of stakeholders. 3- Notarize signatures of stakeholders on deeds submitted thereby, except what had been excluded by special provision. 4- Authenticate and notarize affidavits after taking oath by stakeholders. 5- Notarize and authenticate notarial notices and notify the same to stakeholders. 6- Prove date of customary deeds by numbering them sequentially in the registers prepared for this and prove date of submitting, signing and stamping them with official seal. 7- Record the deeds, which signatures and dates had been notarized, in the registers prepared for this and give certificates for them upon request of stakeholders. 8- Any other competences entrusted thereto by legislations in force. Article (23) Paper or electronic registers and files shall be assigned to works of Notary which shall be determined along with the method of recording therein and saving them by resolution from the President. The registers and files mentioned in the previous clause shall have their determinative effect in proof in respect of details, information and deeds made and saved therein. Article (24) It is not permissible to transfer deeds or registers outside Public Notary Administration, but administrative and judicial authorities or whomever they delegate of experts may review the same and get official copies thereof. Article (25) Electronic Government Authority shall, in cooperation with Department and related authorities, establish secure electronic technical infrastructure called “Electronic Notary” that ensures remote presence of individuals, verify their identity and express their will and verify that deeds, signatures and electronic stamps meet their elements, authenticity conditions and guarantees of protection thereof. Article (26) Provisions of submitting deeds, verifying identity, registering, attending, signing, collecting fees and servicing stipulated in this law shall be fulfilled if they are made wholly or partially through Electronic Notary according to legislations in force. Article (27) The President shall, in coordination with Electronic Government Authority, issue necessary resolutions in respect of using information technology means in Electronic Notary works. Article (28) Information security regulations and policies, approved in the State, shall apply to usage of information technology means stipulated in this law and resolutions issued in implementation thereof. Article (29) The deed made by Notary shall be written in Arabic language and it may be written in foreign language according to the following cases and conditions: 1- If the deed to be made is written in Arabic and foreign languages, the two languages should be in one deed and stakeholders shall sign next to each language, in each page of the deed. 2- If the deed to be made is written in foreign language only, stakeholders should present translation thereof into Arabic language by certified translator and this translation shall be attached to the deed to be made in foreign language and stakeholders shall sign on the deed and translation thereof and Notary shall notarize the text made in foreign language. Law No. (7) of 2023 On Notary Public in Ras Al Khaimah..... (Amended by Law (1) of 2024) If the deed to be made is written in foreign language only, stakeholders should present translation thereof into Arabic language by certified translator and this translation shall be attached to the deed to be made in foreign language and stakeholders shall sign on the deed and translation thereof and Notary shall notarize the text made in foreign language. (Text of the article after amendment thereof by Law No. (1) of 2024) The deed made by Notary shall be written in Arabic language and it may be written in foreign language according to the following cases and conditions: 1-If the deed to be made is written in Arabic and foreign languages, the two languages should be in one deed and stakeholders shall sign next to each language, in each page of the deed. 2-If the deed to be made is written in foreign language only, stakeholders should present translation thereof into Arabic language by certified translator and this translation shall be attached to the deed to be made in foreign language and stakeholders shall sign on the deed and translation thereof and Notary shall notarize the text made in foreign language. As an exclusion of provisions of this article, Notary Public may authenticate the manual or electronic signature or thumbprint of related parties on deeds made in foreign language and register date thereof with no need to present translation into Arabic language." Article (30) Before conducting any transaction, Notary should take the following: 1- Verify identity of stakeholders by reviewing Identity Card, passport or any other official document issued from the State. 2- Verify eligibility and capacity of stakeholders and their satisfaction of transaction content. Article (31) The official language in dealing with the Notary shall be Arabic language and it is permissible to seek assistance of certified legal translator to translate what he requests in the presence of stakeholders, if one or both of them are not fluent in Arabic, after paying scheduled fee and it is permissible to assign stakeholders to bring a person to translate on their behalf and at their expense, provided that the translator shall take legal oath before the Notary and sign the deed and this shall be proved in the minutes. Article (32) If one of the stakeholders suffers from physical disability that prevents him from expressing his will normally, the Notary shall seek assistance of specialized expert or assign whomever he sees appropriate upon the request of stakeholders to assist and make the assistant take the oath and sign on the end of the deed and this shall be proved in the minutes. If stakeholders or any of them is unable to sign, the Notary shall take his fingerprint on the deed. If it is impossible to take his fingerprint, a person shall be named to sign on behalf of him and in all cases, this procedure shall be proved in details in the deed file. If one of the stakeholders suffers from mental disability, the trustee appointed by the court shall sign on his behalf and this shall be proved in the minutes and after permit of the court in cases require this. Article (33) The deed which the Notary notarizes or authenticates signatures thereon shall be appended with execution form according to provisions of this law and which shall contain physical obligations and of specified volume and performance status and stakeholders shall receive only one copy thereof for each party. It is not permissible to deliver another copy of the deed appended by execution form to stakeholder except in case of losing the first copy or failure to use the same for any reason, after approval of Director. Article (34) The validity of the deed made by the Notary shall not be affected by material errors, whether written or arithmetic. Inserting details or attachments in information system incorrectly shall be considered material error. The Notary shall correct this error by inserting the correct details or attachments to the system and write off the incorrect number, word or phrase in a way that it can be read and write the correct number, word or phrase in the margin of the deed or back side thereof and sign next to the correction and stamp it by the official seal in addition to write the date of making the correction on the remaining copies. If any error made by stakeholders on any of the details and information written in the deed, Notary may, upon their request and in presence of all parties of the deed, correct the same in the same way stipulated in the previous clause of this article and let them sign next to the correction. Article (35) The Notary is entitled to move outside his premise to conduct any transaction which he has competence thereto, after approval of Administration Director or whomever he delegates and pay the scheduled fee. Article (36) The transaction, which the Notary is requested to conduct according to provisions of this law, shall be deleted by elapsing of sixty days from the date of its registration in case of non-completion thereof by stakeholders. Stakeholders, who want to complete their transactions that had been deleted, should submit new application and pay the fee scheduled for this transaction. Article (37) The Notary is prohibited from doing the following: 1- Approve signatures of employees, working in Federal or Local Government, public bodies, public corporations or other government authorities affiliated to any of them, on certificates, documents or other papers signed by them by virtue of their positions with authorities for which they are working. 2- Make or authenticate any deeds related to Muslim personal status. 3- Make or authenticate any deeds related to establishing endowment, amend provisions thereof or cancelling it. 4- Make or authenticate any deeds related to establishing title right, any right in rem over property or transfer, change or eliminate it. 5- Make or authenticate any deeds which legislations in force stipulate that making or authenticating them shall be competence of other authority. 6- Notarize signatures on apparently invalid deed or violating public order and morals. 7- Initiate any procedure in which he, his ascendants, descendants, spouse or parents thereof shall have apparent or hidden personal interest or accept any of them as interpreter or assistant. 8- Disclose any information related to stakeholders to third parties that he obtained or review by virtue of his work. 9- Give copy of any deed made by him to anybody other than stakeholders except by written permission from Administration Director. 10- Hold any public or private position along with his position in cases other than those stipulated in this law. Article (38) By resolution from Executive Council and based on proposal of the Department, table of fees related to implementation of provisions of this law shall be issued and such fees shall devolve into Department Article (39) Federal and local government authorities, public benefit bodies and corporations, people of determination, children, wives and parent of martyrs shall be exempted from fees on all transactions conducted by the Notary. Article (40) President shall approve official stamps of all transactions conducted by the Notary. Article (41) 1- Administration shall undertake technical, financial and administrative control and inspect Private Notary works according to the mechanism approved by the President under a resolution issued by him in this regard. In case of existence of violations, Administration shall prepare report thereon to be presented to the Committee to impose appropriate sanction after conducting written investigation in which the Notary shall be granted appropriate chance to hear his sayings and defense. 2- Hearings, investigations and deliberations of the Committee shall be confidential. Article (42) Disciplinary penalties stipulated in Human Resources Law shall be imposed on Public Notary who violates provisions of this law and resolutions issued thereby. Article (43) Government authorities’ employees, recorded in the roll, who commit any violation to provisions of this law and resolutions issued thereby, shall be subject to the following penalties: 1- Warning. 2- Suspend recording for a period not exceeding two years. 3- Cancel recording. It is permissible also to impose the disciplinary penalties stipulated in Human Resources Law, if necessary. Article (44) Without prejudice to any severer penalty stipulated by any other law, the office shall be punished by a fine not less than five hundred dirhams nor more than thirty thousand dirhams, if the office or any Private Notary works therewith committed any act which constitutes violation to provisions of this law and resolutions issued thereby. The fine value shall be doubled if the same violation repeated within a year from committing the previous violation in maximum of fifty thousand dirhams. Article (45) In addition to the fine penalty stipulated in this law, it is permissible to take one or more of the following measures against the office or Private Notary: 1- Warning. 2- Suspend recording or license for a period not exceeding two years. 3- Delete recording or cancel license. Article (46) By resolution from the President, a committee shall be formed named “Grievance Committee” which members shall include two judges and it shall consider complaints and grievances related to violations arising from applying provisions of this law. The resolution shall determine procedures before it, mechanism of its work, quorum of its meetings and taking decisions thereof Article (47) Committee shall have the following competences: 1- Decide on grievances submitted by Notaries and offices in respect of resolutions, penalties, measures or procedures taken against them by virtue of this law and resolutions issued thereby. 2- Decide on grievances submitted by stakeholders in respect of decisions and procedures taken against them by virtue of this law and resolutions issued thereby. Article (48) In submitting grievances, the following procedures shall be followed: 1- Grievance shall be submitted to Administration according to the form approved therewith in this regard within fifteen days from the date of issuing the grieved decision, penalty, measure or procedure if it is in presence and from date of service if it is in absentia. 2- Administration shall present the grievance to Grievance Committee within five working days from the date of submitting it to decide thereon. 3- Grievance Committee may request from the Complainant to provide it with any documents necessary to decide on the grievance and Complainant shall provide Grievance Committee with them within time limit determined by it. 4- Grievance Committee shall decide on grievance presented thereto within thirty days from the date of presenting the same thereto by the Administration, unless Grievance Committee requests from the Complainant to provide it with any additional documents, thus the period determined to decide on the grievance shall be within thirty days from the date of providing Grievance Committee with such documents and the decision issued by the Committee in respect of the grievance shall be final. Article (49) The President shall issue the necessary resolutions to implement provisions of this law. Article (50) Notary Law of 2005 shall be cancelled as well as each provision violates or contradicts with provisions of this law. Article (51) Resolutions applied before entry into force of provisions of this law shall continue in force in a manner that does not contradict with provisions of this law, till issuance of substitute thereof according to provisions of this law. Article (52) This law shall be published in Official Gazette and come into force after three months from date of its promulgation. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on Wednesday 18 Dhul - Qidah 1444H. Corresponding to 07 June 2023G.