As part of its policy to make its economy more attractive and open up to foreign investment, the Kingdom of Morocco has put in place a legal framework designed to guarantee the security of transactions and the protection of investors. In this context, the notary, as a public officer and central player in legal security, occupies a predominant position.
Law 32-09 on the organisation of the notarial profession, enacted in 2011, is the main law governing this profession.
1. The notary as guarantor of the legal security of investments
Law n°32-09 defines the notary as a public officer exercising a liberal profession, responsible for authenticating deeds and guaranteeing their probative and enforceable force.
In the context of foreign investment, this role is fundamental to securing complex transactions, particularly in terms of property acquisition, of company formation or transfer of economic rights.
- Drafting and authentication of deeds The notary is involved in drafting property sales contracts, company articles of association and investment agreements. Statistically, in 2024, no less than 425,000 notarised deeds have been concluded in Morocco, demonstrating the volume and importance of this activity in the national economy. For a foreign investor, the authentic deed offers formidable security: it is authentic until it is forged, which means that it is extremely difficult to challenge.
- Verification of legal compliance The notary acts as a safety filter. He scrupulously checks the capacity of the parties, the legality of the transaction and its compliance with Moroccan legislation. For example, in the case of an investment in real estate, the notary ensures that the property is free of any mortgages or liens.
- Protection of ethical rights and obligations Law 32-09 imposes strict obligations on notaries to probity, impartiality and integrity. This impartiality is essential in international transactions, as it protects the parties against conflicts of interest. It is the trusted intermediary who ensures that the transfer of ownership or the creation of a company takes place under transparent and fair conditions.
- Comparative law : This role of guarantor is similar to that of the notary in Latin countries (such as France, Spain and Belgium), which reassures investors from these legal systems. On the other hand, it contrasts with common law (United Kingdom, United States) where transactions are often secured by lawyers and title companies. For an American investor, the involvement of a Moroccan notary provides a layer of public legal security that their national system does not always offer, an undeniable asset for the Moroccan business climate.
- Greater responsibility Security also means protecting funds. Moroccan notaries manage considerable sums of money, with deposits estimated at 150 billion dirhams. To strengthen confidence, the draft new law provides for a mandatory traceability of escrow accounts, This prevents any risk of misappropriation and guarantees total transparency of the financial flows linked to a transaction.
2. The notary as an institutional intermediary and privileged advisor
As well as drafting deeds, notaries are essential institutional intermediaries. They act as a one-stop shop, simplifying the foreign investor's dealings with the Moroccan authorities.
- Interface with institutions The notary coordinates with the Agence Nationale de la Conservation Foncière (ANCFCC) to register property and real rights. They also act as intermediaries with the tax authorities for the payment of registration fees, and with banks for financing. This intermediary role considerably reduces the risk of disputes and procedural errors.
- A player in economic development The impact of the notarial profession on the economy is tangible. In 2025 alone, the profession generated a tax contribution of more than 10 billion dirhams for the State . This figure illustrates the notary's active role in collecting taxes and contributing to the national budget, an essential aspect of the country's tax attractiveness policy.
- International openness and cooperation The Moroccan notariat does not work in isolation. It is a major player in legal cooperation in Africa. Morocco hosted the 33rd Congress of African Notaries in Marrakech in October 2024, under the theme «The Digital Notary». Cooperation agreements have been signed with the notariats of Senegal and Togo to exchange expertise, particularly in the field of digitalization. In addition, the regular holding of Franco-Moroccan conferences of notaries in Paris demonstrates the desire to harmonise practices and reassure European investors about the reliability of the Moroccan system.
3. Digitalisation of the notarial profession: a lever for modernisation and attractiveness
Digital transformation is a major project for the Moroccan notarial profession. Faced with cybercrime and the need for speed on the part of international investors, the profession is resolutely committed to modernisation.
- Electronic notarial deeds The major development is the move to electronic notarial deeds. A strategic agreement was signed in July 2025 between the Conseil National de l'Ordre des Notaires (CNONM) and the ANCFCC to put in place electronic notarial deeds, secure digital archiving and remote transmission of documents. This reform, provided for in Bill 16.22, will considerably reduce processing times and make exchanges more secure.
- Electronic signatures and interoperability : To support this movement, Barid Al-Maghrib (Groupe Poste Maroc) and the CNONM have signed a partnership agreement to provide notaries with solutions for electronic certificates, electronic signatures and electronic seals. This will enable procedures to be carried out completely electronically and securely, simplifying the process for investors, who will no longer have to go to the office every time.
- Security and fraud prevention Digitalization is also a control tool. A new electronic system will make it possible to track fund movements in real time. In addition, the bill introduces strict measures for cyber security to protect the notarial profession's digital infrastructure against cyber attacks.
Conclusion
Moroccan notaries occupy a strategic position in the country's legal and economic ecosystem. Through the provisions of Law 32-09, they ensure the legal security of transactions, protect investors' rights and play an active role in the stability of the business climate.