Land Grabbing: How the Powers of Attorney Registry Operates - L'Economiste

Source: leconomiste

Since June 1, powers of attorney relating to real property rights must be recorded in the National Electronic Registry. Failing this, they no longer have any legal effect. A power of attorney now becomes effective only from the date it is entered into the electronic registry. Consequently, any power of attorney not registered in the […]

Since June 1, powers of attorney relating to real property rights must be recorded in the National Electronic Registry. Failing this, they no longer have any legal effect.A power of attorney now becomes effective only from the date it is entered into the electronic registry. Consequently, any power of attorney not registered in the electronic registry maintained by the Court of First Instance having jurisdiction over the property concerned is no longer enforceable against third parties.To help users become familiar with the new system, Article 9 of Decree No. 2.23.101(1), governing the organization and management of the National Electronic Registry of Powers of Attorney, provides for the publication by the Ministry of Justice of a practical guide.The guide explains the various procedures, including the registration, amendment, and cancellation of powers of attorney.Who Is Authorized to Register Powers of Attorney?The first paragraph of Article 889-1 of Law No. 31-18, amending and supplementing the Dahir of August 12, 1913 establishing the Code of Obligations and Contracts, specifies the parties authorized to make entries in the Electronic Registry of Powers of Attorney.These are exclusively the professionals who draft such powers of attorney, namely:Lawyers admitted before the Court of Cassation, Adouls (Moroccan notarial officers),Notaries. What About Powers of Attorney Issued Abroad?The legislator has not introduced specific provisions regarding powers of attorney established abroad or their registration in the national registry for use within Moroccan territory.However, two situations must be distinguished. In the case of a power of attorney drafted by a professional duly authorized in the country of origin, and after completion of the required legalization, apostille, or exequatur procedures, it may be registered by either the principal or the attorney-in-fact in order to produce the necessary legal effects.If the document is drafted by an adoul attached to a Moroccan consulate, it is exempt from legalization requirements pursuant to Article 30 of Decree No. 2.66.646. Nevertheless, this category of power of attorney may also be registered in the national registry.