On January 24, 2024, Technical Circular No. 4 was issued to various Notary Public Registration Offices, Documentation Offices, and General Departments of the relevant Authority. This circular addresses significant amendments related to the notarization process, particularly concerning the recognition of powers of attorney issued abroad. Understanding this circular is crucial for legal practitioners, notaries, and stakeholders involved in international documentation.
The Overview of Notarization Law and Executive Regulations
The foundation of notarization in Egypt is encapsulated in Article 2 of the Notarization Law No. 68 of the Year 1964, as amended by Law No. 103 of the Year 1976. This legislation outlines the responsibilities of notarization offices, including acceptance and deposit of specified documents as detailed in the Executive Regulations. Particularly, Article 18 bis of the Executive Regulations, introduced by the Minister of Justice’s decision No. 1532 of the Year 1976, highlights that notarization offices must accept documents authenticated by foreign authorities.
Powers of Attorney: A Special Consideration
The regulations surrounding powers of attorney are further elaborated in Article 61 of the Notarization Instructions, 2001 edition, as amended by Technical Circular No. 5 of the year 2015. Here, specific rules for powers of attorney issued abroad are set forth, including requirements for approval by Egyptian consular authorities and the Ministry of Foreign Affairs.
Key Amendments Introduced by Technical Circular No. 4:
One of the critical developments in Technical Circular No. 4 is the clarification regarding the approval process for powers of attorney issued abroad. The circular underscores that:
Approval by the Consulate: If a power of attorney is issued before a competent foreign authority, it must be approved by the Consul of the Arab Republic of Egypt. The consul’s signature also requires validation by the Ministry of Foreign Affairs.
Absence of a Consul: In cases where the issuing country does not have a consular presence, the power of attorney can be validated by the consulate that oversees the foreign country’s interests in Egypt, followed by approval from the Ministry of Foreign Affairs.
Equivalence of Approval: A crucial point raised a letter from Mr. Ambassador, Deputy Assistant Minister for Consular Affairs for Citizens and Foreigners and Authentications – Ministry of Foreign Affairs, File No. 3/9/1 dated 21/2/2018 by the Ministry of Foreign Affairs is that the approval from a foreign embassy in Egypt is equivalent to the approval of documents issued by its authorities. This provision facilitates the notarization process for documents that do not undergo prior approval from Egyptian embassies abroad.
Deposit of powers of attorney: Technical Circular No. 4 of 2023 stipulated the necessity of depositing powers of attorney issued abroad in one of the automated documentation offices or branches and no other.
Accordingly, the circular mandates that the implementation responsibilities, of the General Directorates of Technical Inspection, Office Secretaries, Assistant Secretaries, and Heads of the Notary Public registration and documentation offices ensure strict compliance with the new provisions. This emphasizes the need for accuracy and diligence in implementing these regulations, thereby safeguarding the integrity of notarized documents.
Conclusion
The Technical Circular No. 4 of 2024 marks a pivotal moment in the regulation of notarization and powers of attorney in Egypt. By clarifying the processes for recognizing foreign documents and streamlining the notarization of powers of attorney, the circular aims to enhance the efficiency of legal transactions involving international stakeholders. Legal professionals must remain vigilant and informed about these changes to facilitate compliance and uphold the standards of notarization in their practices.
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