Executive Director - Banking Supervision

EDBS/KH/C/53/2017
7th November 2017

Chief Executive Officer
All CBB Licensees
All Audit Firms
All Law Firms
Manama, Kingdom of Bahrain

Dear Sir,

Consultation: Notarisation Law

This is with reference to Law No. 37 of 2017 amending some of the provisions of Law No. 14 of 1971 regarding Notarization, and specifically Article 2 of the said amendment which amends Article 5 of the 1971 Law. The amendment states that the Minister of Justice and Islamic Affairs shall issue a resolution specifying the documents that may be notarized in English. The CBB would therefore like to seek the industry’s feedback in relation to the documents that are suggested/preferred to be notarized in English.

The CBB requests all licensees, Audit firms and Law firms to provide their feedback in this regard, as such feedback would be studied and might be considered in drafting the aforementioned Minister of Justice and Islamic Affairs resolution.

Responses must be sent electronically, in an editable format, via email to “consultation@cbb.gov.bh”, by 21st November 2017.

Yours faithfully

Khalid Hamad

Cc: Bahrain Association of Banks

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Central Bank of Bahrain
P.O. Box : 27, Manama - Kingdom of Bahrain
Tel: (+973) 17547400 - Fax: (+973) 17532605
website: www.cbb.gov.bh
E-mail: khalid.hammad@cbb.gov.bh

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Decree-Law No. (37) of 2017
Amending some provisions of Decree-Law No. (14) of 1971 regarding Notarization

We, Hamad bin Isa Al Khalifa,
King of the Kingdom of Bahrain,
Having reviewed the Constitution, particularly Article (68) thereof,
and Decree-Law No. (14) of 1971 regarding Notarization,
and the Penal Code issued by Decree-Law No. (15) of 1976 and its amendments,
and the Advocacy Law issued by Decree-Law No. (26) of 1980 and its amendments,
and the Court of Cassation Law issued by Decree-Law No. (8) of 1989 and its amendments,
and the Judicial Authority Law issued by Decree-Law No. (42) of 2002 and its amendments,
and Law No. (60) of 2006 regarding the reorganization of the Legislative and Legal Advisory Authority and its amendments,
and the Real Estate Registration Law issued by Law No. (13) of 2013,
and upon the proposal of the Prime Minister,
and after approval by the Council of Ministers,

We have enacted the following Law:

Article One

A new article numbered (1) bis is added to Decree-Law No. (14) of 1971 regarding Notarization, with the following text:

Article (1) bis: The Minister concerned with Justice Affairs may grant a license to perform all or part of the notarization services of a notary public, upon application from persons meeting the following conditions for a private notary:

1. Being fully legally competent.
2. Having a good reputation and conduct.
3. Not having been previously convicted of a felony or an offense involving moral turpitude or honesty, even if their reputation has been restored or they have received a pardon.
4. Being among retired judges, public prosecution members, or Legislative and Legal Advisory Authority members, or among lawyers and legal professionals licensed according to the regulations and conditions specified by a decision of the Minister concerned with Justice Affairs.

The Minister concerned with Justice Affairs shall issue a resolution specifying the notarization services for which a license may be granted to a private notary, along with the conditions necessary for issuing the license, its duration and renewal, qualifying cases, other required conditions for the applicant, the operating mechanism of the licensee, their obligations, the books and registers to be maintained, penalties imposed for violations, licensing fees payable to the ministry, notarization service fees following Council of Ministers approval.

The official responsible for collecting and unifying notarization service fees on behalf of the Ministry concerned with Justice Affairs shall comply with the conditions and periods specified by the Minister.

A private notary may charge service recipients fees for notarization services.

The Notarization Office shall supervise and monitor the implementation of the licensed private notary in accordance with this Law, its executive regulations, and related laws. For this purpose, it may conduct administrative and financial inspections of their work, enter the private notary’s office at any time, review transactions drafted or notarized by them along with all books, registers, receipts, and documents, and obtain copies if necessary.

The Minister concerned with Justice Affairs may establish a violation by the private notary regarding this Law, its executive regulations, and related laws through a reasoned decision, ordering the administrative closure of the private notary’s office or imposing other disciplinary penalties specified by a ministerial decision.

The licensed private notary and their employees are considered public officials for the application of Penal Code provisions. All transactions drafted or notarized by the private notary, along with all books, registers, receipts, and documents, shall belong to the Ministry concerned with Justice Affairs.

Documents drafted by a private notary carry the same evidentiary weight as official documents.

Article Two

The texts of Articles (2) and (5) of Decree-Law No. (14) of 1971 regarding Notarization are replaced as follows:

Article (2)
A notary public, assistant notary, and licensed private notary shall take an oath before the Minister concerned with Justice Affairs prior to commencing their duties, affirming that they will perform their functions with integrity and honesty.

Article (5)
Documents shall be notarized in Arabic. If one of the contracting parties does not know or is not proficient in this language, the notary shall rely on an interpreter provided by the contracting parties who is trusted by them. The translator must also sign.

Article Three

The phrase ("Minister concerned with Justice Affairs") is replaced by ("Head of the Justice Department"), and the phrase ("Ministry concerned with Justice Affairs") is replaced by ("Justice Department") in Decree-Law No. (14) of 1971 regarding Notarization.

Article Four

The Minister concerned with Justice Affairs shall issue the necessary decisions to implement the provisions of this Law within six months from its issuance.

Article Five

The Prime Minister, each according to their respective responsibilities, shall implement this Law. It shall take effect after forty-five days from the date of its publication in the Official Gazette.

King of the Kingdom of Bahrain
Hamad bin Isa Al Khalifa

Prime Minister
Khalifa bin Salman Al Khalifa

Issued at Riffa Palace
Date: 7 Muharram 1439 AH
Corresponding to: 27 September 2017 AD