The profession is called to modernize and is preparing for a facelift at a time when the Justice Department is refining the final version of the reform, which aims to remedy a number of shortcomings in the current legal framework. The problems are so numerous that the Competition Council has almost examined the functioning of this sector.
The Council chaired by Ahmed Rahhou has received a request for advice on the existence of possible anti-competitive practices in the profession. A request that has been set aside since the Council declared it inadmissible, for lack of “interest to act”. Sources we contacted who are familiar with the case explained to us that the request as formulated was not properly substantiated, so that the Board did not consider it appropriate to give a favorable response to it. According to the same sources, the claimant is not authorized to seek the advice of the Council, which has recently been very active in examining compliance with free competition in the professions.
Minority practices… that persist
But this does not prevent Adouls’ profession from being spared from anti-competitive practices. Although in the minority, some professionals continue to break the law by reducing their fees below the level provided for by law. “These practices remain in the minority,” acknowledges Bouchaïb Fadlaoui, president of the National Association of Adouls, recalling that the law is clear on this point, as it prohibits any manipulation of fees for commercial purposes.
In fact, the law sets the fees according to the matters presented to the Adouls, which mostly concern matters related to the Personal Status Code (marriage, divorce, inheritance and inheritance), and some commercial contracts and land and property rights. property.
A clear reference grid
For marriage and divorce cases, the rates are set at 500 dirhams. In terms of inheritance, they can go up to 25,000 dirhams, or 2% of the value of the heritage, with 300 dirhams as the minimum rate. The same applies to sales contracts. With regard to land and real estate deeds, the Adouls are entitled to 1.5% of the value of the real estate. Any deviation from the legally established reference grid is therefore objectionable.
Independence, the big problem!
These practices are just one of the many problems facing the Adouls, who eagerly await the publication of the new law governing their profession. The reform, which has been drafted in consultation with the National Order of Adouls, although it does not appear to be completely satisfied, is currently being finalized and submitted to the government secretariat.
The text does not seem to benefit from unanimity among professionals, knowing that last March the National Order of Adouls expressed its dissatisfaction with the provisions of the text proposed by the ministry of Abdellatif Wow.
The new text introduced several novelties, such as the revision of the conditions of access to the profession, which makes it easier for holders of licenses issued by the faculties of Sharia, Arabic language, theology, letters – Islamic studies section – or law (private- or public law) or a diploma recognized as equivalent.
The issue of education remains forgotten in the biggest claim of the Adouls who complain about the marginalization to which they are subjected by notaries. Several professionals asked by “L’Opinion” believe that the latter practice their profession in easier conditions than the Adouls, especially with regard to procedures. Therefore, they fervently claim dematerialization, in addition to their freedom from the Notarial Court. According to them, this is a sine qua non to remedy the slowness of the procedures for the execution of legal acts.
To understand the magnitude of this problem, it must be remembered that the acts of adoulaires must be approved by the judge, who must receive the document containing the testimony within a maximum period of six days from the date of receipt. It takes so long that some customers prefer to go to the notary. A case that is more common in the sale of real estate, where Adouls has to request certificates of ownership from the Land Registry by submitting a request that can take days to answer.
On the other hand, notaries have direct access to the archive thanks to digital identifiers. It is for this reason that the Adouls are committed to digitization. In addition to dematerialization, the Adouls want to put an end to certain conditions that are considered archaic in performing acts. This is about the receipt of the testimonies, knowing that the law requires that there be two Adouls at the time of the profession of the testimonies, (see three questions and the standards).