Notarial Reform (Law 16.22): Towards Greater Security for Your Property Transactions in Morocco

Law 16.22 on the reorganisation of the notarial profession in Morocco is currently being rolled out, with direct implications for MREs conducting property transactions or managing estates from abroad. This reform substantially modernises a profession that oversees the vast majority of deeds of sale, gifts, and asset transfers in Morocco.

Among the most significant changes is the gradual digitisation of notarial deeds, accompanied by the establishment of a national electronic deed archiving platform. For MREs, this means it will progressively become possible to verify the authenticity of a notarised deed and its registration history online, thereby reducing the risk of fraud that particularly affects transactions managed remotely.

The law also strengthens identity verification and source-of-funds requirements for property transactions. If you are purchasing a property in Morocco from abroad, your notary will now be required to document the origin of transferred funds more precisely, in line with international anti-money laundering standards.

For estates involving MRE heirs residing across several countries, the reform introduces simplified representation procedures, allowing parties to delegate to a proxy based in Morocco for the signing of deeds. The procedure for legalising foreign notarised powers of attorney has also been clarified, avoiding unnecessary back-and-forth between consulates and Moroccan administrative bodies. We recommend consulting an approved notary to anticipate these new requirements ahead of your next transaction.

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