Draft law organising the notarial profession should not give rise to so much criticism (president of notaries)


President of the Notaries of Tunisia, Okba Hechmi, said Tuesday the draft law organising the profession, which is currently being examined by parliament, should not attract so much criticism.

In a statement to TAP, he indicated that the text is still a draft in the hands of the parliamentary committee for general legislation, calling on those who oppose it to put forward their own proposals for amending certain articles deemed problematic and not to reject the text in its entirety.

At its meeting on February 29, the bureau of the Assembly of People’s Representatives (ARP) decided to submit draft organic law 41/2023 organising the notarial profession to the parliamentary General Legislation Committee.

The draft provides for 30 prerogatives, most of them new, relating to contracts and penalty notices.

The President of the Notaries asserts that the draft submitted to Parliament is very different from the old law, which, he pointed out, is no longer adapted to international standards.

With regard to the new
prerogatives of the notary proposed in the bill, particularly in cases of amicable divorce, the President of the Notaries pointed out that this experience has been adopted in several countries, including France.

Moreover, he added, divorce documents by mutual consent issued by notaries in France are accepted in Tunisia, by virtue of agreements between the two countries.

He added that all contracts must be drawn up by notaries, as is the case in several developed countries, and denied any interference with the prerogatives of chartered accountants.

The association of notaries has been calling for a new law to organise the profession for more than a decade.

Source: Agence Tunis Afrique Presse