Notary or Adoul in Morocco: Which Should You Choose?

«Notary or adoul?» This is a question our clients often ask us, sometimes after a seller has suggested to them that they «go through the adoul – it’s simpler». The two professions coexist in Morocco, both authorised to draw up authentic deeds, but they do not operate in the same way and are not always suited to the same situations.

Since the reform of July 2026, the issue has become even more important: whether you are selling or buying a property, signing a preliminary agreement or granting a power of attorney, a notarised deed has become the only valid form. Here is how the two professions operate, what sets them apart and how to choose between them when buying your riad.

In short : Notaries (Law No. 32-09) and adouls (Law No. 16-03) both draw up authentic deeds. For a riad with a title deed purchased by a foreigner, the notary is, in practice, the most suitable option: funds are held securely at the Caisse de dépôt et de gestion, there is a duty to provide advice, insurance is compulsory, and deeds may be drawn up in French. Adouls remain indispensable in certain situations, particularly where properties lack title deeds.

Why this question is more relevant than ever

Act No. 41-25, published in the Official Gazette No. 7526 of 16 July 2026, amended Article 4 of the Code of Property Rights: deeds transferring ownership of immovable property and rights in rem, as well as related preliminary sale agreements and powers of attorney, must be drawn up by notarial deed, failing which it shall be null and void. The option to use a document with a certified date drawn up by a solicitor admitted to the Court of Cassation has been abolished.

In practical terms, to ensure the security of a property transaction, you must now go through one of the professionals authorised to draw up authentic deeds: a notary or an ‘adoul’. Our guide to the land title in Morocco explains why this form is so crucial for registering your right.

The notary: a public official operating within a highly regulated framework

His role

Governed by Law No. 32-09 on the organisation of the notarial profession, the notary receives documents which the law requires to be authentic, or which the parties wish to have authenticated. The notary records the date of such documents, keeps the original records and issues copies.

His obligations, which serve as guarantees for you

• Check : The notary is responsible for verifying the identity and legal standing of the parties, their legal capacity to enter into the transaction, and the validity of the documents produced (Article 37).
• Advisor : he must explain to the parties the scope and consequences of the documents he receives, and disclose to them what he has learnt about their subject matter.
• Protecting funds : he is not permitted to retain sums held on behalf of others; he must deposit them with the Deposit and Management Fund upon receipt (Article 33).
• To be insured : Notaries must take out insurance covering their professional civil liability, and a Notaries’ Insurance Fund supplements this arrangement.
• Completing tax formalities : The General Tax Code requires the party to include the details for the calculation of the duties in the deed, to submit the deed electronically to the tax authorities and to pay the registration duties.

The language of the deed

Notarial deeds are drawn up in Arabic, unless the parties choose another language (Article 42). A deed in French is therefore possible, which is particularly useful for a French-speaking buyer. If one of the parties does not understand the language of the deed, the notary must make a note of this and seek the assistance of an interpreter.

The adouls: an ancient institution, regulated by the courts

Their role

Adouls practise within the framework of Law No. 16-03 relating to the Adoul Scheme. They take statements and declarations from the parties and record them in documents known as ‘adoulaire’ deeds, which are authentic instruments. They are involved in a wide range of areas: personal status (marriage, inheritance), as well as property transactions.

A multi-stage procedure

• In principle, the document is received by two adouls, either simultaneously or, subject to certain conditions, separately.
• It is then submitted to the judge responsible for notarial matters, which monitors and approves it.
• For tax purposes, the time limit for registering adular deeds begins to run from the date of receipt of the parties’ declaration, and not from the date of the deed, as is the case with notarial deeds.

The area where adouls remain indispensable

A large proportion of the historic properties in the medina are not registered and are based on adoula deeds, in particular the Moulkia, a document establishing ownership by witness statements. To understand this system, its risks and the registration process, read our article on the Melkia in Morocco.

Notary or adoul: a comparison

• Legal framework — notary: Law No. 32-09; adoul: Law No. 16-03.
• Nature of the act — in both cases, a notarised document.
• Control — notary: personal liability, professional oversight; adoul: approval by the judge responsible for the notarial profession.
• Funds — notary: mandatory deposit with the CDG; adoul: ensure that the terms of payment and deposit are set out in writing.
• Language — notary: Arabic, or another language chosen by the parties; adoul: find out which language the deed is in and arrange for a translation if necessary.
• Typical situations — notary: property with a title deed, foreign purchaser, bank financing; adoul: property without a title deed, moulkia deeds, inheritance depending on the status of the parties.

How should you go about choosing a riad to buy?

The riad is named

This is the simplest and safest option. We recommend a notary, preferably one with experience of dealing with overseas buyers: they will check the title deed, deposit the funds with the CDG, draw up a deed that you can understand, arrange for the property to be registered and handle the formalities relating to payments in foreign currencies. Banks that finance a purchase also routinely work with notaries.

The riad is in Melkia

Adouls are often called upon to draw up or complete title deeds. However, the key concern for a foreign buyer is security: we advise making the purchase conditional upon the property being registered, or at the very least having all the deeds audited by an independent professional before paying anything.

Can you choose your own solicitor?

Yes, the buyer is free to choose their own solicitor, and it is often the buyer who has the most to protect. If the seller wishes to use their own solicitor, the two solicitors can work together. For information on costs, see our article on notary fees in Morocco, and always ask for a written estimate.

Our safety habits

• Never pay the seller directly, regardless of which professional you choose.
• Ask for a recent certificate of ownership for a property with a title deed, and a full audit of the deeds for a property without a title deed.
• Draw up your powers of attorney in notarised form if you are unable to attend.
• Ask for an explanation of each clause : There is a duty to advise – make use of it.

Frequently Asked Questions

Can a foreigner buy a property in the presence of adouls?

Adouls draw up authentic deeds, but for a foreign buyer purchasing a property with a title deed, a notary is, in practice, the most suitable option: the language of the deed, the deposit of funds with the CDG and formalities relating to payments in foreign currency.

What is the difference between a notarial deed and an adoulaire deed?

These are two types of authentic instrument. A notarial deed is drawn up by a notary, under their responsibility, in accordance with Law No. 32-09. An adoulaire deed is drawn up by adouls and then certified by the judge responsible for notarial matters, in accordance with Law No. 16-03.

Is it still possible to sign a preliminary agreement at a solicitor’s office?

No. Since the enactment of Act No. 41-25 on 16 July 2026, a preliminary property sale agreement must be drawn up by way of a notarised deed, which excludes a document with a certified date drawn up by a solicitor.

Can the notarial deed be drawn up in French?

Yes. Act No. 32-09 stipulates that documents must be drawn up in Arabic, unless the parties choose another language.

Where is the money paid when a sale takes place at the solicitor’s office?

In the notary’s account held with the Caisse de dépôt et de gestion: the law prohibits the notary from holding clients’ funds and requires them to be deposited into that account as soon as they are received.

Not sure who to contact?

We analyse the legal status of every riad we feature and put you in touch with trusted solicitors at Marrakech. Contact Klair & Arno to talk about it.