PROCLAMATION No. 922/2015
A
PROCLAMATION TO PROVIDE FOR THE AUTHENTICATION AND REGISTRATION OF DOCUMENTS
WHEREAS,
authentication of documents provide reliable means of evidence and thus
facilitate social, economic, contractual and other relations between persons
both at domestic and international levels as well as registration of documents
ensures availability of documents whenever required and provide guarantees for
constitutional rights;
WHEREAS,
it has become necessary to put in place law and procedure that meets
international standard to make the activities of authentication and
registration of documents uniform, effective and efficient all over the
country;
WHEREAS,
it has become necessary to amend the existing laws of authentication and
registration of documents to create transparent relations between
authentication and registration institutions and supervising improperly
certified documents and to enable to have efficient economic and social
relations among persons as well as to make the procedures predictable and
thereby to create one economic community;
NOW, THEREFORE, in accordance with Article 55 (6) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE
GENERAL PROVISIONS
1. Short Title
This Proclamation may be cited as the
“Authentication and Registration of Documents’ Proclamation No. 922/ 2015”.
2. Definitions
In
this Proclamation unless the context requires otherwise:
1/ “document” means any contract, will, document
of power of attorney or revocation, a document translated from one language
into another by a licensed translator, copy of
a document, document of vital event, education and professional
certificate, memorandum or/and articles of association, minutes or any written
matter submitted for authentication and registration in accordance with this
Proclamation;
2/ “to authenticate a document” means to sign and
affix a seal by witnessing the signing of a new document by the person who has
prepared such document or the person it concern and after ascertaining that
this formality is fulfilled; or to sign and affix a seal on an already signed
document by ascertaining its authenticity through an affidavit or specimen
signature and/or seal;
3/ “to register a document” means to register a
document in a register prepared for the purpose by giving identification number
or to register and deposit a document which is required by law to be deposited
with authentication and registration institution;
4/ “institution” means a federal or regional organ
duly authorized to perform duties of authentication and registration of
documents;
5/ “notary” means a person who is employed to
authenticate a document in an institution duly authorized by law to
authenticate and register documents;
6/ “Ministry” means the Ministry of Justice;
7/ “region” means any state referred to under
Article 47 (1) of the Constitution of the Federal Democratic Republic of
Ethiopia;
8/ “person” means any natural or judicial person;
9/ any
expression in the masculine gender includes the feminine.
3.
Scope
of Application
This
Proclamation shall apply to documents to be authenticated and registered by the
federal and regional institutions vested with the powers and duties to
authenticate and register documents as well as by the other federal government
organs vested with such powers and duties in this Proclamation.
PART
TWO
AUTHENTICATION AND REGISTRATION Institutions
and
objectives
4. Federal
Institution
An appropriate federal Institution shall
be established by regulation of the Council of Ministers to nationally
coordinate and support the authentication and registration activities, to
organize and keep central data base for documents authenticated and registered
and to perform activities of document authentication and registration in Addis
Ababa and Dire Dawa cities.
5. Regional
Institution
1/ Regions shall establish institutions for
enforcement of this Proclamation.
2/ The structure of the institutions to be
established in accordance with sub-article (1) of this Article shall be
determined by respective regions based on their objective realities.
3/ Regional institutions shall, for the purpose
of maintaining the uniformity of national document authentication and
registration system, have a
responsibility to send to the federal institution the necessary data of documents
they authenticated and registered as well as to implement other collaborative
activities.
6. Other Federal Government Organs Vested with
the Powers and Duties of Authentication of Document
Notwithstanding the document authentication
and registration powers given to the Organs by other laws, the following organs
shall have the power of document authentication.
1/ The Ethiopian Embassies and Consular Offices
shall authenticate documents to be sent to Ethiopia.
2/ The Ministry of Foreign Affairs shall
authenticate:
a) documents authenticated by Ethiopian
Embassies and Consular Offices and by embassies and consular offices of foreign
countries in Ethiopia;
b) documents that are to be sent abroad and
require authentication under the law of the receiving country.
3/ Commanders of divisions of the defense force
shall authenticate documents submitted by members of the defense force who are
on active duty.
4/ Heads of federal prisons shall authenticate
documents submitted to them by prisoners or detainees.
5/ Commanders of divisions of the Federal Police
Commission shall authenticate documents submitted by members of the federal police
force who are on active duty.
7. Objectives
of Document Authentication and Registration
Any
activity or procedure of documents authentication and registration conducted at
federal and regional level in accordance with this Proclamation shall follow
the following objectives:
1/ creating cooperative spirit of working
relationship among regional and federal institutions conducting document
authentication and registration;
2/ ensuring the uniformity of the documents
authentication and registration towards to the national vision and mission of
the country;
3/ protecting citizens’ rights of producing
private property, use and transfer through legal means and thereby supporting
the justice system and ensuring the rule of law;
4/ ensuring the documents sent from other
countries to Ethiopia that they are not against law and moral; and the
recognition of documents, in the receiving country, sent to other countries
from Ethiopia;
5/ facilitating the efforts of building good
governance and free market system;
6/ creating accessible working system by using
new technological inputs and by enhancing the quality levels of institutional
service;
7/ act in collaboration with stakeholders.
PART THREE
Authentication
Activities,
Procedures and
Duties of the Notary
8. Authentication
Activities
The documents
authentication activities include the following:
1/ to authenticate
documents;
2/ to authenticate and
register copies of documents against their originals and register same;
3/ to administer oath and
receive affidavits;
4/ to keep custody of
specimen of signatures and/or seal upon request by those concerned;
5/ to ascertain the
legality of documents submitted for authentication;
6/ to ascertain the
capacity, right and authority of persons who are about to sign or who have
signed documents submitted for authentication;
7/ to
ascertain with respect to contracts made to transfer properties for which title
certificates are issued under the law:
a) the right of the transferor to transfer the
property; and
b) that
the property is not mortgaged or pledged or that such property is not attached by a court order;
8/ to ascertain
whether documents are produced by legitimate authority;
9/ to provide evidence upon request by
authorized or appropriate organ about authenticated and registered documents;
10/ to conduct other similar activities.
9. Documents that shall be Authenticated and
Registered
1/ The
following documents shall not have legal effect unless they are authenticated
and registered in accordance with this Proclamation:
a) documents that shall be authenticated and
registered in accordance with the appropriate law;
b) power
of attorney or revocation of power of attorney;
c) memorandum and articles of association of
business organizations and other associations, and amendments thereof.
2/ The notary shall authenticate and register
documents other than those specified under sub-article (1) of this Article, if
requested by the concerned parties.
10. Authentication
of a New document
1/ Where a new document is submitted for
authentication, the notary shall authenticate the document after having
ascertained by means of evidence that
the name and address of the person who is about to sign the document is
the same as the name and address on the
document.
2/ Without prejudice to Article 17 of this
Proclamation the notary shall comply with the procedures provided for in the
relevant laws when authenticating a document.
11. Documents
Already Signed
1/ Where a document which is already signed is
submitted for authentication, the notary shall authenticate such document by
ascertaining that the signature on the document is that of the person who has
signed it or that the seal on the document is genuine.
2/ Where the document submitted for
authentication is already authenticated by another notary, the notary shall
authenticate the document by verifying that the signature and seal on the
document is the signature and seal of the said notary.
12. Copies
of Documents
1/ Where a copy of a document is submitted for
authentication, the notary shall authenticate the document by ascertaining that
the contents of the copy are the same as that of the original document and that
the signature and/or seal on the copy is the same as the signature and/or seal
on the original document.
2/ A document authenticated in accordance with
sub-article (1) of this Article shall have the same equal value as that of the
original document.
13. Ascertaining
the Legality of Documents
1/ A notary shall, before authenticating and
registering a document, ascertain that its contents are not illegal or immoral.
2/ Apart from ascertaining its legitimacy, a
notary shall not have power to change or cause to be changed the contents of a
document submitted for authentication.
14. Ascertaining the Capacity and Authority of Signatories of a Document
1/ The notary shall, before authenticating a
document, make sure that the person who has signed or is about to sign the
document has the right or authority to sign it.
2/ Where the capacity of a person who has
signed or is about to sign a document is doubtful to do so, the notary shall
make the necessary investigation in appropriate way.
3/ The Ministry shall issue directive for the
application of sub-article (1) of this Article.
15. Ascertaining
the Conditions of Ownership and the
Owners of Certain Properties
Without prejudice to provisions
provided by the relevant law, before authenticating documents relating to the
transfer of properties for which title certificates are issued under the law,
the notary shall ascertain that:
1/ the transferor of the property has title
certificate for the property in accordance with the relevant law;
2/ the property is not mortgaged or pledged or
is not attached by a court order;
3/ the person who has signed or is about to
sign the document has legal or contractual right or authority to sign the
document.
16. Administration of Oath and Hearing of
Witness
1/ Any person may declare the truth of the
contents of a document under oath before a notary; in such a case, the notary
shall write down on the document that he caused the said person to sworn before
he made the declaration.
2/ A notary shall take the testimony of a
witness where he is ordered by a court.
3/ Where the notary takes the testimony of a
witness under sub-article (2) of this Article, he shall write on the document
that the witness has given his testimony of his free will; and sign on the
document and affix his seal thereon.
17. Witnesses to be Present for Written
Contracts and Documents of will
1/ From the documents submitted for
authentication and registration, the following documents shall be signed before
the relevant authentication and registration institution by two witnesses:
a)
contracts of transfer
of ownership of immovable properties by selling or donation;
b)
contracts of
establishing collateral or guarantee right on immovable properties; and
c)
Public will.
2/ Without prejudice to the provisions of
sub-article (1) of this Article, other documents may be authenticated and
registered without being signed by witnesses.
18. Registration and Deposit of Documents
1/ The notary shall register all documents
which he authenticates and deposit a copy of each document in the institution.
2/ Where the law provides for the deposit of a
document within institution, the notary shall register and deposit such
document upon its submission.
3/ The notary shall, upon request by an
interested person to get a copy or evidence about a document deposited in the
institution, give the requested copy or evidence upon receipt of appropriate
service fee.
19. Rendering Service Outside the Official
Place of Work
1/ Where a person who is not capable to go to
the official place of work of the notary request to get the service, upon
approval by the immediate officer above him, the notary shall render service
for such person at the latter's address.
2/ For the service rendered pursuant to
sub-article (l) of this Article the amount of additional service fee to be
charged shall be determined in accordance with Article 34 (2) of this
Proclamation.
3/ The Ministry shall issue directive for the
application of sub-article (1) of this Article.
20. Prohibition
1/ A notary shall not authenticate:
a)
his own document,
document of his spouse, document of his
ascendant or descendant, document of his brother and sister, document of his spouse parents as well as
document of brothers or sisters of his spouse;
b)
document of a person
for whom he acts as an agent or representative; and
c) document of a business organization or association
to which he is beneficiary.
2/ If the condition specified under sub-article
(1) of this Article happens, the notary shall have the obligation to notify,
and the document shall be authenticated by another notary.
3/ The notary shall not give any authentication
and registration service unless the requirements of the law are satisfied.
21. Obligation to Keep Confidentiality
1/ A notary shall not give to third party
information, which comes into his possession in the course of performing his duties, unless ordered by a court or
by a body empowered by law.
2/ Notwithstanding the provisions of
sub-article (1) of this Article, the notary shall, when he accesses indicatory
information as to the commission of a crime, report the matter to the
appropriate government organ.
22. Document Sent from and into Ethiopia
Additional
detailed procedures for the authentication and registration of documents sent
from Ethiopia to other countries and; those sent from other countries to
Ethiopia shall be regulated by regulation to be issued by the Council of
Ministers.
23. Legal Effects of Authenticated and
Registered Documents
1/ Without prejudice to Articles 25 and 27 of
this Proclamation, a document authenticated and registered in accordance with
this Proclamation shall be conclusive evidence of its contents.
2/ Authenticated and registered documents may,
during proceeding, be challenged only with the permission of a court for good
cause.
24. Acceptance of Authenticated and Registered
Documents
1/ Any document authenticated and registered by
a federal institution or organ in accordance with this Proclamation shall be
acceptable by Regional Governments.
2/ Any document authenticated and registered by
a regional institution in accordance with this Proclamation shall, in a similar
manner, be acceptable by the Federal Government and other Regional Governments.
PART
FOUR
IMPROPERLY
AUTHENTICATED AND
REGISTERED
DOCUMENTS
25. Suspensions
of Improperly Authenticated and Registered Documents
1/ The institution may, if it is proved by
adequate evidence, pass temporary order of suspension on improperly
authenticated and registered documents when petition is lodged by concerned
person or by its own initiative and it is proved that failure to suspend may
cause serious damage that may not be easily reversible.
2/ A document is said to be improperly
authenticated and registered only when it could not have been authenticated and
registered had it not been:
a) by notaries prohibited pursuant to
Article 20 (1) of this Proclamation;
b) performed without completing basic
authentication and registration procedures or formalities; or
c) by producing illegal documents.
26. Procedures
to be Followed for Suspension of Improperly Authenticated and Registered Documents
1/ The order of suspension of a document shall
be given by the head of the institution after the necessary examination being
conducted by a team of professional not less than three in number drawn from
the institution.
2/ The order of suspension of a document shall
be given within five working days from the date of submission of the petition
or from the date examination commenced if the suspension is initiated by the
institution.
27. Effects
of Suspension of Document
During the time of suspension of a document in
accordance with Article 25 (1) of this Proclamation, the document shall be
considered as not authenticated and registered.
28. Duty
to Institute Proceeding on Regular Court
1/ When a document is suspended:
a) the concerned person regarding to the
document or the right respected with the document, or
b) the institution, in case where concerned
person is unavailable or absent, with regard to the document,
shall
institute proceedings in a regular court having jurisdiction within one month
from the date of order of suspension.
2/ The court received case in accordance with
sub-article (1) of this Article may,
as the case may be, approve, amend or repeal the order of suspension.
29.
Action Lodged by the Aggrieved Party Against Order of Suspension or Refusal
of Suspension
Any party whose right is affected by
the suspension order or who has grievance on the denial of suspension order by
the institution may institute case in a court having jurisdiction.
30. Discarding Suspension Order
Order of suspension shall be discarded in
one of the following conditions:
1/ if the court having jurisdiction invalidate
the order of suspension;
2/ if the concerned person does not institute
proceeding in a court within one month in accordance with Article 28 (1) of
this Proclamation.
31. Liability of a Notary
Any notary improperly authenticated or
registered a document shall be liable in accordance with relevant law.
32. Lodging Petition
after Formal Proceeding in Court
Without prejudice to the power of the
institution to pass temporary order of suspension on documents improperly
authenticated and registered in accordance with the provisions of this
Proclamation, any petition seeking order of suspension of improperly
authenticated and registered documents after formal proceeding in the court
shall be handled by the court.
PART FIVE
MISCELLANEOUS PROVISIONS
33. Right to Lodge Petition
1/ Any aggrieved person may submit a complaint
to the superior officer of the notary within 15 working days where the notary
refuses to give service that is required of him in accordance with this
Proclamation or gives service in violation of this Proclamation.
2/ Where the party who has submitted a
complaint pursuant to sub-article (1) of this Article is not satisfied with the
decision rendered or where no decision is rendered within 30 days from the date
of submission of the petition, he may bring action in a court having
jurisdiction.
34. Payment of Stump Duty and Service Fee
1/ The notary shall make sure the payment of
stump duty pursuant to the relevant law before authenticating and registering a
document.
2/ The authentication
and registration service shall be given by charging reasonable service fee as
cost recovery.
3/ The amount of service
fee shall be determined by regulation to be issued by the Council of Ministers.
35. Duty to Cooperate
Without prejudice to the provisions of
other laws specifying duty to keep confidentiality of documents and
information, any person required by a notary to give a document or information
necessary for the activities of a notary shall cooperate by producing the
required document or by providing the required information.
36. Penalty
Any notary or person
who violets the provision of this Proclamation shall be penalized in accordance
with the relevant provisions of the Criminal Code or other relevant law.
37. Power to Issue
Regulation and Directive
1/ The
Council of Ministers may issue regulations necessary for the implementation of
this Proclamation.
2/ Regional States may issue additional law for
issues not covered under this Proclamation and regulations issued pursuant to
sub-article (1) of this Article.
3/ The Ministry may issue directive for the
implementation of the regulations issued pursuant to sub-article (1) of this
Article.
38. Transitory
Provisions
1/
Until the federal institution is established by regulation to be issued by the
Council of Ministers pursuant to Article 4 and Article 37 (1) of this
Proclamation, the powers and duties as well as the structure of the notary
offices provided for under the Authentication and Registration of Documents
Proclamation No. 334/2003 (as amended by Proclamation No 467/2005) shall
continue to operate.
2/
Notwithstanding Article 39 (1) of this proclamation, any pending issues before
the effective date of this proclamation shall be finalized in accordance with
Authentication and Registration of Documents Proclamation No 334/2003 (as
amended by Proclamation No 467/2005).
39. Repeal
and Inapplicable Laws
1/ Without prejudice to Article 38 of this
Proclamation, the Authentication and Registration of Documents Proclamation No.
334/2003 (as amended by Proclamation No 467/2005) is hereby repealed.
2/ No law, regulation, directive or practice
inconsistent with the provisions of this Proclamation shall apply to matter
covered under this Proclamation.
40. Effective
Date
This Proclamation shall enter into force
on the date of publication in the Federal Negarit Gazette.
Done
at Addis Ababa, this 15th day
of February , 2016.
MULATU TESHOME (DR.)
PRESIDENT
OF THE FEDERAL DEMOCRATIC REPUBLIC OF
ETHIOPIA
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