The Council of Ministers approves the issuance of legislation regulating the electronic transformation of the notary's services
The Council of Ministers held a meeting chaired by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, and approved the issuance of a federal law decree amending some provisions of the Evidence Law in civil and commercial transactions, and the approval of the issuance of a federal law decree amending some provisions of the law organizing the profession of notary public .
These decrees by law contribute to facilitating the provision of services to customers, in order to achieve the state's vision of the smart digital transformation of government services, by activating the concepts of e-government for litigation services and the notary public, and in a manner that guarantees confidentiality, speed and flexibility, in accordance with the information security regulations and policies in force in the state, and that Federal and local levels.
The amendments to the Evidence Law in civil and commercial transactions included the introduction of remote communication techniques within the procedures of evidence, in a manner that ensures facilitation for all parties involved in these transactions and enables them to conduct their transactions at all times and in various circumstances, and to simplify and remove restrictions in many evidentiary procedures.
The amendments also included considering the electronic signature, writing, transcripts, records and electronic documents as having the same authenticity as the signature and writing, the documents, records and official and customary documents whenever the terms and conditions stipulated in the legislation in force are fulfilled.
These amendments gave full authenticity to the records of electronic sessions in which the statements of witnesses and evidence judgments and decisions are proven and signed by the judge and the clerk of the session.
The amendments also included other provisions regulating evidence, including granting the judge overseeing the case management office the power to hear witnesses, interrogate, delegate experts, and the ability for judges to issue decisions related to evidence.
In addition, the amendments included granting the court, the appointed judge and the judge in charge of the case management office the power to prevent questions from being asked to the witness if they are not related to the subject matter of the case, or are intended to procrastinate or violate public order or public morals, and to facilitate procedures for delegating experts and shortening their work hours as much as possible. Removes any obstacles revealed by actual reality.
In light of government efforts to provide a safe and sustainable environment for doing business and transactions, and to ensure the optimal use of modern technology and electronic transactions in the conduct of these businesses, the amendments to the Federal Decree-Law relating to the organization of the notary profession included the simplification of restrictions in evidentiary procedures and their facilitation for all parties, in order to ensure the possibility of using electronic transactions and modern technology In all procedures practiced by the notary public.
The amendments included the provisions for submitting documents, verifying identity, registering, attending, signing, collecting fees, and advertising if completed in whole or in part through information technology means, and granting His Excellency the Minister of Justice to issue the necessary decisions regarding the use of information technology means in the work of the notary.
The amendments also included that the electronic signature and the notarized electronic document shall have the valid authority prescribed for signature or for the official editor stipulated in the Evidence Law in civil and commercial transactions.
According to the amendments, records are created and kept electronically, and have the character of confidentiality, and it is not permissible to circulate, access, copy or delete them from the electronic information system except with permission from the specialized administrative unit of the Notary Public at the Ministry of Justice, and that the information security regulations and policies adopted in the state shall apply to the use of The means of information technology stipulated in this law and the decisions issued for its implementation.
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