Property sales, account management, administrative procedures: many situations require delegating acts in Morocco via a power of attorney. How to establish it correctly from France or Belgium so that it is valid and secure?
Choose the appropriate type of power of attorney
There are two fundamental types: special power of attorney (limited to a specific act โ sale of a particular property, opening an account, collecting a document) and general power of attorney (which grants broad and multiple powers). Special power of attorney is ALWAYS recommended. General power of attorney is extremely inadvisable for MRE as it exposes you to a major risk of misuse โ your agent could legally carry out acts you had not envisaged, such as selling your property or taking on debts.
๐ก Tip โ Draft the power of attorney with a precise description of the authorised act: which property, which operation, at what minimum price if applicable, within what timeframe. The more precise it is, the better protected you are.
โ ๏ธ Warning โ NEVER give a general power of attorney including the power to sell your real estate. This is the main cause of property fraud affecting MRE.
Draft the power of attorney with a local notary
The power of attorney for Morocco must be established by a notary in the country where you reside (French, Belgian, Spanish notary depending on your residence). The notary will draft the power of attorney document clearly stating: the identity of the principal (you) and the agent, the precise description of authorised acts, the validity period (recommended: 3 to 6 months maximum), and a reference to applicable Moroccan law. Bring all necessary documents to the notary: your identity, that of the agent, and all information about the act to be performed.
๐ก Tip โ Ask your notary to draft the power of attorney with a short validity period (3 to 6 months) โ a power of attorney without a time limit can theoretically remain valid indefinitely.
Legalise the power of attorney (legalisation or apostille)
To be valid in Morocco, a foreign power of attorney must be legalised. Two options depending on the country: if your country is a signatory to the Hague Convention (such as France, Belgium, Spain), you obtain an APOSTILLE from the court or designated authority โ this is simpler and faster. Otherwise, full legalisation is required: notary โ chamber of notaries โ foreign affairs ministry of the country โ Moroccan embassy. In France, the apostille is issued by the Public Prosecutor's Office of the Court of Appeal for the notary's jurisdiction.
๐ก Tip โ In France, the apostille for a notarised power of attorney is obtained from the Public Prosecutor's Office of the competent Court of Appeal. Allow 5 to 15 days for processing.
Have it translated by a sworn translator
If the power of attorney is drafted in French (which is generally the case), it must be translated into Arabic by a sworn translator before being used in Morocco. Some Moroccan notaries accept powers of attorney in French, but for use with administrations, a court or a public agency, Arabic translation is essential. The translation must be done by a translator certified by the Moroccan Court of Appeal.
๐ก Tip โ Have the power of attorney translated after apostille โ it is the apostilled power of attorney (complete document) that must be translated, not just the power of attorney text.
Revoke the power of attorney after use
As soon as your agent has carried out the intended act, formally revoke the power of attorney. Revocation is done by notarial deed in your country of residence, with the same legalisation/apostille formalities. Without formal revocation, the power of attorney theoretically remains valid until its expiry date. Also inform in writing the recipient of the power of attorney (notary, bank, administration) of its revocation to prevent any subsequent unauthorised use.
๐ก Tip โ Include an automatic expiry date in the power of attorney itself โ this creates additional protection if you forget to formally revoke it after use.
โ Common mistakes to avoid
- โEstablishing a general power of attorney including all powers โ maximum risk of fraud
- โForgetting to legalise or apostille the power of attorney โ it will be refused in Morocco
- โNot revoking the power of attorney after the act is completed โ may be used abusively later
๐ Official links and resources
โ Frequently asked questions
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