Chapter I: Licensing
1. Licensing committee
A notary's licence is granted by a seven-member committee appointed by the Minister of Justice, including two members proposed by the Israel Bar Association. The chair shall be a legally qualified civil servant, at least two members public representatives, and at least one a notary.
2. Eligibility
(a) A person is eligible if all conditions are met:
(1) Israeli citizenship or permanent residence. Permanent resident means the holder of a permanent residence permit under the Entry into Israel Law, 5712-1952.
(2) Bar membership and either: (a) at least 10 years practising law, including at least five and a half in Israel; (b) deleted; or (c) at least 10 years practising law, including at least two in Israel, with application within seven years of first becoming an Israeli resident.
(3) No conviction in Israel or abroad for a criminal offence involving moral turpitude.
(4) No expulsion or suspension from the Israeli Bar by a final disciplinary judgment, except proceedings under section 78 of the Bar Association Law, 5721-1961, referred to as the Bar Law; and no cancellation or suspension of a licence in disciplinary proceedings under the Notaries for Foreign Documents Law, 5710-1950.
(5) The committee finds the applicant suitable, considering, among other matters, disciplinary penalties under those laws during the preceding 10 years, other than those in paragraph (4).
(b) The committee may license a person convicted under subsection (a)(3) if 10 years have passed since completion of the sentence, or subject to subsection (a)(4) if 10 years have passed since imposition of the penalty.
(c) The committee may require a short training course in a format it determines. The participant bears all or part of the cost as determined by the committee.
3. Equivalent legal service
For section 2(a)(2), service as a judge, religious tribunal member or another legal office approved by ministerial order counts as legal practice in Israel. Service as a judge or notary abroad counts as legal practice abroad.
4. Objections
(a) If eligibility under section 2(a) is satisfied, or the committee decides to use section 2(b), it shall publish the application as prescribed.
(b) Anyone may submit a reasoned objection within the prescribed time and manner. The committee shall not reject an application on that basis without allowing the applicant to respond.
5. Register and licence fee
Before practising, a notary shall: (1) sign the Notaries Register supervised by the Minister; (2) give an authorised person specimens of signature and seal in the prescribed manner; and (3) pay the prescribed fee.
6. Annual fee
(a) The annual prescribed fee is due by 31 January. Late-payment additions are: (1) 10% from 1 February to 31 March; (2) 50% from 1 April to 30 September; (3) 100% after 30 September; (4) if paid after that year, double the fee plus Consumer Price Index linkage on the prescribed fee, from the index published in December before that year's due date to the latest index before actual payment, as published by the Central Bureau of Statistics.
(a1) If unpaid by the end of March of the following year, the licence holder may not practise until paying as required by subsection (a)(4).
(b) Failure to pay for five years causes the licence to expire.
(c) The Minister may prescribe a different annual fee for licence holders aged 70 or older.
Chapter II: Powers
7. Notarial powers
A notary may: (1) authenticate a signature; (2) certify authority to sign for another; (3) certify a document copy; (4) certify a translation; (5) receive and certify affidavits and other declarations; (6) certify that a person is alive; (7) certify an inventory; (8) protest a negotiable instrument; (9) draw up or act on a document where notarial action is required or permitted by law, including foreign law, or another document; (10) exercise public-notary powers under another law; (11) authenticate a spouses' property agreement made before marriage.
8. Reserved acts
An act under section 7(1), (3), (7), (8) or (9), where the notarial document is needed abroad or by a foreign mission in Israel, may be performed only by a notary.
9. Other powers preserved
This chapter does not prevent an authorised public official acting in office or another person authorised by enactment from performing an act.
Chapter III: Conditions for notarial acts
10. Personal and related interests
(a) A notary shall not act in their own matter or that of a relative, partner, employee or controlled corporation.
(b) Relative means: (1) spouse; (2) parent, grandparent, spouse's parent, descendant, spouse's descendant and the spouses of each; (3) brother or sister and their spouses.
11. Signature authentication
A notary shall authenticate a signature only if the signer appeared, was identified and signed the document in the notary's presence.
12. Copies
A copy may be certified only after the original is presented, compared and found identical.
13. Inventory
An inventory may be certified only if prepared by or before the notary and the notary is knowledgeable about its subject.
14. Authority to sign for another
Authority must be proved by evidentiary documents. For a corporation, it may be proved by a statutory register maintained by a public official or otherwise, or another evidentiary document.
15. Translation
A translation may be certified only if the notary commands both languages and prepared the translation or verified its accuracy.
16. Proof of life
A notary may certify that a person was alive on a given date only if the person appeared and was identified that day.
17. Stamp duty
A notary shall not act on a document that is not duly stamped.
18. Further requirements
The Minister may prescribe further methods and conditions, including: (1) establishing the appearing person's legal capacity and proper understanding of the act; (2) records of acts, copies to retain, their storage and retention periods.
Chapter IV: Effects
19. Evidential force
A certificate under this Law and its regulations is sufficient evidence in legal proceedings, without additional proof, of the notary's statements and acts and others' statements and acts made before the notary, as recorded in the certificate.
20. Powers of attorney
(a) A general power of attorney or one for real estate transactions requiring registration is valid only if drawn up by a notary or its signatures are authenticated under this Law and regulations. This does not derogate from section 91 of the Bar Law.
(b) This section does not apply to powers granted abroad under local law.
Chapter V: Professional ethics
21. Dignity of the profession
A notary shall uphold the profession's dignity and avoid conduct that may harm it.
22. Loyalty
A notary shall act faithfully and diligently. When acting for several people, equal loyalty is owed to all, regardless of who pays.
23. Advertising
Direct or indirect advertising is permitted only under rules made pursuant to section 55 of the Bar Law. Rules under that section concerning names and professional descriptions also apply.
24. Solicitation
A notary shall not personally or through another solicit professional work.
25. Titles
Only the title notary, or a prescribed foreign-language equivalent, may identify the profession. Academic titles and titles regulated by other law remain permitted.
26. Partnerships
(a) A notary shall not practise in partnership with a non-notary or share income in return for services, assistance or another professional benefit. Income may be shared with the widow and minor orphans of: (1) a partner or former partner who died while a notary; (2) a notary whose office was acquired.
(b) Notarial acts are performed only in the notary's own name, even in a notarial partnership.
(c) This does not prevent a partnership between a lawyer who is a notary and a lawyer who is not.
27. Employment
A notary shall not perform notarial duties as an employee.
28. Professional confidentiality
(a) Information obtained from a person receiving lawful services is confidential unless an enactment provides otherwise or the client waives confidentiality in writing.
(b) Employees owe the same confidentiality duty for information obtained at work.
(c) The notary shall take reasonable measures to ensure employee compliance.
(d) This section does not apply to disclosure ordered by a court or in legal proceedings.
29. Use of information
Information obtained in office from a service recipient may be used only for that person's benefit or with permission.
Chapter VI: Records and documents
30. Central archive
The Minister may establish a central notarial archive and require copies of documents or document classes to be sent within prescribed periods, under regulations approved by the Knesset Constitution, Law and Justice Committee.
31. Books
A notary shall keep books recording professional acts in the prescribed manner.
32. Document regulations
The Minister shall prescribe: (1) who may inspect or obtain copies from the central archive, including section 54 documents, and the procedures; (2) the form and place of archiving documents formerly held by a notary, including section 31 books.
33. Inspection
(a) Required documents and books shall be available to an inspector appointed by the Minister.
(b) Regulations shall prescribe inspection methods.
(c) Inspectors shall maintain confidentiality and use information only for their duties, except disclosure ordered in a lawful investigation or legal proceedings.
Chapter VII: Discipline
34. Disciplinary offences
A notary commits an offence by: (1) violating Chapter V ethics; (2) failing or negligently performing duties under this Law or regulations; (3) acting beyond statutory powers; (4) issuing a certificate known, or that ought to be known, to be false; (5) charging or demanding more than the prescribed fee, or less without sufficient reason; (6) conviction in Israel or abroad of an offence involving moral turpitude.
35. Tribunal
The district disciplinary tribunal established under the Bar Law hears these offences. Its panel shall include at least two notaries.
36. Complainant
The Attorney General or representative may, on their initiative or another person's complaint, file a disciplinary complaint and appear and argue in proceedings under this chapter.
37. Application of the Bar Law
(a) Powers and procedure are those under Chapter VI of the Bar Law unless this Law provides otherwise. Bar Law sections 64 and 80 also apply with necessary modifications.
(b) The Minister may prescribe special procedures.
38. Search warrant
The tribunal may issue a warrant where a search is needed to secure a document for investigation or hearing. It is executed as a warrant under the Criminal Procedure (Arrest and Search) Ordinance [New Version], 5729-1969.
39. Sanctions
(a) The tribunal may impose: (1) warning; (2) reprimand; (3) a fine up to 20,000 Israeli pounds per offence; (4) licence suspension for a fixed period not exceeding five years; (5) licence cancellation.
(b) A fine is collected as a criminal-court fine.
40. Ancillary powers
The tribunal also has the powers in section 69 of the Bar Law. Sections 73 and 74 also apply.
41. Appeal
(a) The notary, Attorney General or representative may appeal to the national disciplinary tribunal within the time and manner applicable under the Bar Law.
(b) The appeal panel shall include at least two notaries.
(c) They may appeal its judgment to the Jerusalem District Court within 30 days of notification.
(d) Repealed.
42. Interim suspension
(a) The tribunal may suspend a notary: (1) indicted for a criminal offence committed in office involving moral turpitude in the circumstances; (2) facing disciplinary proceedings potentially resulting in licence suspension or cancellation.
(b) Suspension under subsection (a)(1) lasts until the criminal judgment and, if convicted and the conviction is brought before the tribunal, until its disciplinary judgment. It ends if the conviction is not referred within 30 days of becoming final or is overturned.
(c) Suspension under subsection (a)(2) lasts until the tribunal's judgment.
(d) Repealed.
(e) Suspension may be appealed as a judgment under section 41 with necessary modifications. Appeal does not stay suspension.
Chapter VIII: End or interruption of office
43. Licence cancellation
A licence ends if: (1) the Minister cancels it at the notary's request; (2) the notary ceases to be an Israeli citizen; (3) Bar membership expires.
44. Bar membership interruption
A licence is suspended while membership is: (1) interrupted under section 52A; (2) restricted under section 52B; (3) suspended under section 49; or (4) temporarily suspended under section 78 of the Bar Law.
Chapter IX: Authentication of a notary's signature
45
(a) On request of an interested person, a signature affixed in the notary's official capacity to a document intended for use abroad shall be authenticated by a Magistrates' Court registrar or civil servant appointed by the Minister.
(b) Deleted.
Chapter X: Miscellaneous
46. Fees
The Minister may prescribe: (1) notarial service fees and exemptions; (2) central archive service fees.
47. Assisting an offence
A notary acting on a document knowing it is intended for a criminal offence or that its preparation constituted one is liable to three years' imprisonment or the punishment for that offence, whichever is greater.
48. Impersonation
An unauthorised person posing as a notary is liable to three years' imprisonment.
49. Reserved acts without authority
(a) A person performing an act reserved by section 8 without lawful authority: (1) is liable to a fine of 10,000 Israeli pounds; (2) is not entitled to a fee and shall refund any fee paid.
(b) A person claiming authority bears the burden of proof.
50. Substitute notarial services
In a local authority area with a Magistrates' Court but no notary's office, the Minister may appoint a civil servant working at that court to exercise all or some notarial powers. The acts have the same effect as a notary's.
50A. State representatives
(a) Israeli diplomatic and consular representatives under section 29 of the Evidence Ordinance [New Version], 5731-1971, may exercise notarial powers abroad with the same effect. They must first complete short training set by the Foreign Ministry director-general or delegate in consultation with the licensing committee.
(b) With the Foreign Minister's consent, the Minister of Justice may prescribe different fees from section 46(1). Fees are paid to the State Treasury, may differ between countries and may be set in local currency.
51. Repeals
Repealed are: (1) the Ottoman Notaries Law of 27 Dhu al-Qadah 1331 (1913); (2) section 18 of the Registrars Ordinance [New Version], 5731-1971; (3) the Notaries for Foreign Documents Law, 5710-1950; (4) the Fees (Public Notary) Law, 5716-1956; (5) the Public Notary Regulations of 4 July 1918. Repeal does not affect proceedings or remedies concerning documents prepared before commencement.
52. Evidence Ordinance amendment
In the public document definition in section 29 of the Evidence Ordinance [New Version], 5731-1971, insert notary after the words referring to another body with judicial or quasi-judicial authority in paragraph (2).
53. Succession Law amendment
After section 22(f) of the Succession Law, 5725-1965, insert: "(g) For this section, a notary has the same status as a judge."
54. Transitional provisions
(a) If a central archive is established, public-notary documents and books held at a court shall be deposited there, subject to the Archives Law, 5715-1955.
(b) A person lawfully serving as a notary for foreign documents before commencement is deemed appointed under this Law from commencement, even without section 2 qualifications.
(c) Such a notary shall retain existing certificate copies as though this Law had not been enacted.
(d) Signatures on foreign-use documents lawfully prepared beforehand are authenticated under Chapter IX.
(e) A precommencement disciplinary offence under the Notaries for Foreign Documents Law, 5710-1950, is treated as an offence under this Law.
(f) From 2 Sivan 5736 (31 May 1976) until commencement, no licence shall be issued under that former Law and no application considered by its recommendations committee unless the committee recommended it by 17 Sivan 5732 (30 May 1972), or the application was submitted by that date, as applicable.
55. Implementation
The Minister of Justice implements this Law and may make implementing regulations.
56. Commencement
This Law takes effect one year after publication in the official gazette, except section 54(f), effective on 2 Sivan 5736 (31 May 1976).
The information on this page is general information and is not legal advice.