Exequatur in Morocco of a power of attorney made abroad
A Moroccan living abroad often signs a power of attorney before a notary in their country of residence. It is meant for a relative in Morocco, to sell or buy a property, settle an inheritance or carry out a formality.
In Morocco, this power of attorney is not always accepted as it stands. Notaries, adoul and the land registry often require it to bear exequatur. This article presents the court procedure for obtaining it.
Legal basis
The Code of Civil Procedure makes subject to exequatur the deeds received abroad by competent public officers and officials. A power of attorney signed before a foreign notary falls into this category. The application follows the exequatur procedure, now governed by Law No. 58.25.
For real estate, Article 4 of the Code of Real Rights requires, on pain of nullity, that powers of attorney be made by authentic deed or by a deed with a certain date drawn up by a lawyer admitted before the Court of Cassation. A foreign notarial power of attorney meets this formal requirement, but it only takes effect in Morocco after exequatur.
The land registrar checks this point before any registration: an operation based on a foreign power of attorney without exequatur may be refused.
Conditions reviewed by the judge
The Moroccan judge checks that:
- the power of attorney was received by a competent public officer of the country where it was made, in accordance with that country's rules;
- it is formally valid and authentic;
- its content does not conflict with Moroccan public policy.
The procedure
- File the application with the competent court of first instance. It is accompanied by the power of attorney and the documents listed below.
- The judge reviews the power of attorney. The judge checks the conditions above, without ruling on the transaction the power of attorney is meant to allow.
- Obtain the exequatur decision. The power of attorney then has the same effects in Morocco as a power of attorney made in Morocco.
- Use the power of attorney. The attorney-in-fact presents it, together with the exequatur decision, to the notary, the adoul, the land registry or the authority concerned.
Documents required
- The original notarial power of attorney, bearing an apostille. Documents issued in France are exempt.
- A full Arabic translation of the power of attorney by a sworn translator.
- The national identity card or passport of the principal, and the identity document of the attorney-in-fact.
Handling the procedure from abroad
There is no need to be present in Morocco. A lawyer registered with a Moroccan bar can file the application and conduct the procedure. It is enough to send the lawyer the original power of attorney and the documents listed above.
Each case depends on the country where the power of attorney was signed and on the transaction it is meant to allow. For a specific situation, you can set out your request in writing.