Property Power of Attorney Register in Morocco 2026

The principal must have the legal capacity to carry out the entrusted transaction personally. For a minor or a person subject to a protective measure, the legal representative cannot always sell or mortgage property on the strength of that representative’s signature alone. Authorisation from the judge with jurisdiction over guardianship matters may be required under the Family Code. The notary also verifies the matrimonial property regime, heirship status and, for a company, the representative’s powers and the decision of the competent corporate body.

A special power of attorney remains the safest option. It must identify the property by its land title number, land registration application number or a detailed description if it is unregistered. It must name the agent precisely and describe the transaction that the agent may carry out. Wording such as “sell all my property on such terms as the agent considers appropriate” may be incompatible with the transaction’s requirements, lead to refusal by the notary or create litigation over the actual scope of the powers.

Sensitive powers must be addressed expressly: signing an agreement to sell, setting the price, concluding the final instrument, handing over the keys, filing tax declarations, filing with the ANCFCC and receiving the price. In practical terms, it is preferable to specify a minimum price and pay the funds directly to the principal or through the notary’s client account. Authorising the agent to receive the funds in the agent’s personal account or to purchase the property personally creates a conflict of interest that requires particularly clear drafting and prior legal review.

The DOC does not provide for a general maximum duration applicable to all property mandates. The principal may choose six months, one year or a period suited to the transaction. Article 929 of the DOC lists the main grounds for termination of a mandate, including completion of the matter, expiry of the term, revocation, renunciation and the death of the principal or agent. No reference to a purported Article 931 on revocation should be used without checking the official consolidated version applicable on the date of the instrument.

The identity file includes the original electronic CIN or valid passport of the principal and a legible copy of the agent’s identity document. The notary also records the address, occupation, civil status and marital status. If the name entered on the land title differs from that shown on the passport, civil status records or certificates establishing that this is the same person must be provided. This correction must be completed before the sale, not when the instrument is filed with the land registry.

For the property, provide a recent ownership certificate or at least the exact land title number. A property undergoing registration requires the application reference. For unregistered immovable property, the available title deeds, location documents and administrative records will be examined. For jointly owned buildings, use the individual land title rather than only the parent title. The notary may consult the ANCFCC, but the client must inform the notary of any proceedings, occupation or previous agreement to sell that may not yet appear in the land register.

A foreign power of attorney requires the authentic original, the applicable apostille or chain of legalisations, and a translation into Arabic or French where the Moroccan professional considers it necessary. A scan sent by email may be used for preliminary review, but it does not normally replace the original. For an inheritance, add the deed of inheritance and the documents of each heir. A company must provide, in particular, its updated articles of association, commercial register registration, the corporate resolution authorising the transaction and evidence of the signatory’s powers.

An MRE or non-resident must retain credit advices, bank messages, foreign currency exchange certificates and statements showing financing from abroad. These documents are governed by the current General Instruction on Foreign Exchange Transactions published by the Office des Changes, known as مكتب الصرف, and not solely by the bank’s internal practices. They may determine whether the future sale proceeds can be retransferred, subject to the applicable taxes and required supporting documents. Before making payment, ask the bank which type of account is appropriate, particularly where a convertible dirham account is being considered.

An MRE may sell or purchase without travelling, but the draft must be coordinated with the Moroccan notary before any signature in France, Spain, Belgium, Italy, Canada or elsewhere. Apostille and legalization rules are not identical from one country to another. The consular channel may simplify recognition if the consular post accepts the requested instrument. The mandate must reproduce the references and powers approved in Morocco to avoid having to repeat the signature, authentication, translation and dispatch.

For a purchase, the power of attorney specifies the city, type of property, maximum budget, powers to sign a reservation agreement or promise of sale, and payment arrangements. If the individual title deed does not yet exist, the notary may use an appropriate technical description without removing all limitations. The funds must pass through a documented banking channel. For a non-resident, the bank and the Foreign Exchange Office must be taken into account from the time of the investment in order to preserve, where the conditions are met, the possibility of a subsequent retransfer.

In an estate, a power of attorney previously granted by the deceased does not, in principle, permit a sale after their death. Article 929 of the DOC includes death among the causes for termination of the mandate. The heirs must establish the devolution of the estate, regularize the land registration status if necessary, and each consent to the sale of their share. When they live in several countries, a common template prepared by the Moroccan notary avoids discrepancies concerning the price, powers or description of the property.

In co-ownership, an heir may not sell the entire property on behalf of the others without a special mandate from each of them. The transfer of that heir’s share alone raises other issues, particularly the rights of the other co-owners, and must be analyzed separately. The involvement of a minor may require judicial authorization before the sale or partition. For a company, the notary checks the articles of association, commercial register, decision of the competent corporate body and powers of the representative; a general delegation of management authority does not automatically cover a real estate transfer.

The most serious risks are forgery, use after revocation or death, substitution of the property, exceeding authority and a sale at an abnormally low price. Articles 351 et seq. of the Criminal Code punish different categories of forgery and use of forged documents according to the nature of the document and the capacity of the perpetrator. In civil proceedings, claims may seek nullity, unenforceability, liability or cancellation of a registration. The legal classification depends on the facts, the good faith of third parties and the status of the land title.

Common errors are more routine: a template downloaded from the internet, an inaccurate land registry reference, no term, an unrestricted price, excessively broad authority to receive payment, or a foreign instrument that was improperly authenticated. Legalization of a signature must not be confused with an authentic instrument. A purely verbal revocation also creates evidentiary and enforceability risks. Finally, giving the sole original to the agent without retaining an authentic copy and registration reference complicates subsequent checks.

The notary performs the duties provided for by Law No. 32-09: the notary receives the authentic instrument, verifies identities and titles, advises the parties impartially and completes the tax and land registration formalities. The notary does not become the exclusive lawyer of the seller or purchaser when a dispute arises. For a foreign power of attorney, send the draft to the notary before the local or consular appointment. Correcting the text before it is signed avoids having to repeat the apostille, translation and international shipment.

The lawyer defends one party’s interests, analyzes registrations and organizes the response where property misappropriation is suspected. Litigation concerning a real property right generally falls within the jurisdiction of the Court of First Instance where the property is located, subject to the exact nature of the claim. Urgency may justify applying to the president of the court for a protective measure; a suspected forgery may also be reported to the competent public prosecutor’s office. However, no remedy guarantees annulment, particularly where third parties and land registrations are already involved.

Before signing, read each power, reject blank spaces and require a traceable payment process. After the transaction, retain the power of attorney, principal instrument, tax references, evidence of filing with the ANCFCC and the updated property certificate. If the mandate retains unnecessary powers, arrange for its revocation and notification. If there is any doubt concerning a price, death, estate, foreign instrument or suspicious registration, coordinated verification by a lawyer, notary, court registry and land registry office reduces the risk without prejudging the outcome of the matter.