Article 49 of the Saudi Notarization Law

المادة 49 من نظام التوثيق · الفصل الثاني: العقوبات

The article sets the disciplinary penalties that may be imposed on the notary: a reprimand, a salary deduction not exceeding the net salary of 3 months, deprivation of one periodic increment, and dismissal.

Official text (Arabic)

This article has not been amended since the law was issued.

العقوبات التأديبية التي يجوز توقيعها على كاتب العدل هي:

1- اللوم.

2- الحسم من الراتب بما لا يتجاوز صافي راتب ثلاثة أشهر.

3- الحرمان من علاوة دورية واحدة.

4- الفصل.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 49 explained in plain English

This article sets out, exhaustively, the disciplinary penalties that may be imposed on the notary, who under Article 1 is a government employee with Sharia qualifications appointed to the post of notary or head of a notary's office.

The four penalties:

A reprimand.
A salary deduction not exceeding the net salary of 3 months.
Deprivation of one periodic increment.
Dismissal.

The article does not say which violation corresponds to each penalty, or how to choose among them.

Who imposes them? Under Article 48, the Minister forms one or more committees to consider the results of investigations into violations by the notary related to notarization and impose these penalties. The committee is chaired by an undersecretary of the Ministry with a Sharia adviser and a legal adviser as members, and it issues its decisions by majority after hearing the statements of the notary; they are reasoned and may be appealed in accordance with the provisions of the Law of Procedure before the Board of Grievances.

The difference from the licensee's penalties: Article 50 concerns the licensed notary and the marriage officiant, and its penalties are different: a warning, a fine not exceeding SAR 500,000, suspension of the license for no more than 3 years, and cancellation of the license. The reason for the difference is that the notary is a government employee, so his penalties relate to the post and the salary.

Anyone who is a party to a disciplinary procedure may consult a lawyer who specializes in administrative matters.

Practical example

After an investigation, a violation related to notarization was established against a notary, and the competent committee considered the results and decided to deduct from his salary. The deduction may not exceed the net salary of 3 months.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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