Morocco Mandates Registration of Real Estate Powers of Attorney in National Database

In a chapter (articles 889-1 and 889-2) of law 31-18 relating to the Code of Obligations and Contracts (DOC) containing, among other things, provisions on powers of attorney for the transfer, modification or cancellation of any other real rights, published in the Official Bulletin, the obligation to register this type of power of attorney in the national register of powers of attorney relating to real rights has been instituted, reports L’Economiste. This is indeed the sine qua non condition for the power of attorney to have a legal effect.

Only notaries, adouls and lawyers will have access to this National Register of Powers of Attorney. This implies that they have the obligation to consult it before carrying out any real estate transaction. Similarly, an implementing text will have to set the terms for consulting the register.

In detail, the system will be both on paper and electronic with the Secretariat-Registry of the Court of First Instance of the jurisdiction where the principal’s domicile is located, specifies the same source. Moreover, the keeping of the Register will be one of the prerogatives of the President of the court or a magistrate appointed by him.

As for powers of attorney established abroad, they will have to be registered with the Register at the level of the court designated in the document. Failing that, the power of attorney must be registered in the register kept by the Secretariat-Registry of the Court of First Instance of Rabat or the place where the property is located.

Two years earlier, the Land Conservation Agency had issued a circular in which it made the drafting of powers of attorney abroad and their certification by an adoul or a lawyer mandatory. Without observing this rule, the power of attorney is null and void.