A new law will change how adouls work in Morocco. The law sets new rules for joining the profession, running an adoul office, keeping records and dealing with professional misconduct. It also brings digital tools into a profession that has traditionally relied heavily on paper documents.
Law No. 51.26 was published in Official Gazette No. 7533 after being approved by both chambers of Parliament. It will take effect 90 days after publication.
The law will replace conflicting parts of the existing rules, including provisions under Law No. 16.03 on the justice plan.
New rules to become an adoul
The law sets stricter conditions for people who want to become adouls.
Applicants must be Moroccan, Muslim and at least 21 years old. They must also be no older than 45 when they take the entrance exam.
Candidates need a university degree in areas such as Sharia, religious studies, Islamic studies or law. Equivalent qualifications will also be accepted.
Applicants must have full civil rights, good conduct and the physical ability to do the job.
Passing the entrance exam will not be enough.
Successful candidates will have to complete 24 months of training. The programme includes six months of basic training and 18 months of practical work in an adoul’s office.
They will then have to pass a final exam.
Adouls face more responsibility
The new law also puts more duties on adouls.
Each adoul must have an office in the area covered by the court where they work. They must also register with the regional council, take an oath and have professional liability insurance.
Adouls must follow rules on professional secrecy, record-keeping, fees and the preparation of legal acts and testimonies.
They can also be held financially responsible for damage caused by professional mistakes.
The responsibility can extend to mistakes made by employees and trainees working under their supervision.
More documents will go digital
Digital record-keeping is one of the main changes under the new law.
Adouls will be allowed to use qualified electronic signatures. They will also have to store acts and other documents electronically.
Each adoul must upload documents to a dedicated digital platform every day. The Justice Ministry will oversee the platform.
Original acts and testimonies, copies and data registers must be kept permanently.
Copies of supporting documents must be kept for 10 years.
The new system will gradually reduce the profession’s reliance on paper records.
More inspections and tougher penalties
Adoul offices will face regular checks.
A judge responsible for documentation must inspect each office at least once a year. Regional councils, the King’s prosecutor general and the government authority responsible for justice can also carry out inspections within their legal powers.
Disciplinary penalties will depend on the seriousness of the offence.
They range from warnings and reprimands to suspension and removal from the profession.
Adouls facing disciplinary action will still have several rights. They can see their case file, get help from a lawyer or another adoul and challenge disciplinary decisions before the relevant administrative court.
New rules for professional bodies
The law also changes how adouls are represented.
The National Body of Adouls will have legal status and financial independence. It will represent the profession before public authorities and other parties.
The law also provides for proportional representation of women adouls on regional council boards.
The president of the National Body will serve a four-year term that cannot be renewed.
Regional councils will also get new rules covering their membership, elections and powers.
Current professional bodies will continue working until new structures are elected.
The law also gives existing copyists a way to join the profession. They must apply within three months and complete three months of training.
The reform changes much more than the rules for becoming an adoul. It sets new standards for training, professional responsibility, inspections, discipline and digital records.
The next challenge will be putting the new rules into practice.
