QNA
Doha
The Ministry of Justice has applauded the Amir His Highness Sheikh Tamim bin Hamad Al Thani’s issuance of Law No. 1 of 2023 on documentation.
In a statement, the ministry highlighted the most prominent features of the provisions of the new law on documentation, that the law aims to improve documentation services to keep pace with the comprehensive renaissance witnessed by the state in various fields and to facilitate the conduct of transactions as well as citizens’ access to them electronically, in a step that is the first of its kind since the issuance of Law No. 9 of 1979.
The ministry said the provisions of the new law, which included 37 articles, were formulated to replace the law in force for about 44 years, including comprehensive and fundamental amendments that will bring about a quantum leap in services provided to the public, especially documentation and certification of documents and proof of their history.
These amendments are also characterised by their flexibility, as they have absorbed all aspects of development witnessed by the country and the Qatari society, the ministry added.
The ministry said the new law introduced the title of the ‘notary public’ for the first time, as part of a vision aimed at developing the legal cadre in the country and strengthening its position within the justice system, granting it the appropriate status, and expanding its competence.
The law regulated the provisions relating to the notary public. The law stipulated that, in order to fill this position, the person carrying the title must take an oath before the minister prior to commencing their work, in order to evoke the gravity of the responsibility entrusted to them under the provisions of this law and the inadmissibility of combining their job with any other work that conflicts with the duties and responsibilities of their position.
In the context of the competence of the notary public, the law introduced a new feature, as it authorised the minister, taking into account the provisions in the agreements and treaties that regulate the work of members of the diplomatic and consular corps in the country’s embassies abroad, to entrust any of the persons other than the staff of the documentation department to carry out all or some of the tasks of the notary public.
The law specified the powers of the notary public, such as conducting documentation and verifying the identity of the concerned persons, their eligibility and the validity of their consent, and the personality and capacity of those on their behalf, according to official papers.
The notary public must prove this in the document required to be documented and ensure that the document does not violate the provisions of laws and regulations.
The notary public shall certify the signatures of the concerned parties in the customary documents, upon their request, and shall prove this in the records, and present a document of certification at the request of the concerned parties. The notary public shall also verify the date of the customary documents submitted to them for this purpose, by stamping the documents with the time and date of completion of the procedure, after proving that in the records prepared for this purpose.
The Documentation Department shall put the executive formula on the copies of the documents that have been documented, which include a commitment that has a verified existence, a specific amount, and the state of performance. The department shall also accept and deposit the documents that have been documented before the foreign authorities, in accordance with the controls and procedures issued in a decision by the minister. The law allows those who refuse to document their documents to complain to the minister within 15 days from the date of notification of the refusal at their national address.
The department shall notify the concerned persons of any update of the data at their national address within 30 days of its implementation. The concerned parties may appeal against the procedure to the minister within 15 days from the date of notification, and the minister’s decision to decide on the grievance shall be final.
Within the framework of the facilities that have been created, and for the first time, the law has authorised the procedures for documenting papers, contracts, attestation, records, requests and other procedures stipulated in the law to be carried out electronically, and that copies and electronic procedures referred to have the same legal authority as original papers.
An electronic register is established in the department in which all agencies are registered, and the law obliges those concerned to register agencies issued to them before 2011 within one year from the date of enforcement of the provisions of this law.
