Minister of Justice Issues Executive Regulations for the Notarization Law: Three Methods for Processing Transactions, Varying According to the Nature of the Transaction

Justice Minister and Advisor Nasser Al-Sameet issued a ministerial decision promulgating the new executive regulations for Law No. 10 of 2020 concerning Notarization, as amended by Decree-Law No. 147 of 2025. This includes an integrated electronic system, the establishment of private notaries through the reorganization of notarization activities and procedures, and the adoption of electronic means to process transactions.

The Ministry of Justice stated in a statement to KUNA that the regulations specified three methods for completing notarization transactions, which vary according to the nature of the legal act and the gravity of its legal consequences. It retained the requirement for personal presence before the notary and permitted completing transactions via audio-visual communication.

The ministry added that the regulations introduced an integrated automated electronic system for processing certain transactions, limited to powers of attorney related to routine administrative procedures that do not involve transferring ownership, creating real rights, or establishing obligations on the principal’s part.

The ministry clarified that the new electronic system relies on the "Huwiyati" application and the certified secure electronic signature of the concerned parties, issued by the Public Authority for Civil Information. Each document drafter is provided with a verification code that allows for immediate confirmation of its authenticity and confidentiality through the Ministry of Justice’s platform.

It emphasized that all transactions are recorded in an electronic register whose data cannot be erased or deleted. Any corrections made to the records are documented in subsequent entries to preserve the sequence of records and track every procedure.

The regulations also implemented the provisions introduced by Decree-Law No. 147 of 2025, which set a standard duration for notarized powers of attorney at no more than five years, with the expiration date clearly stated at the beginning of the document. It permitted longer durations for legal representation powers and powers of attorney concerning properties located outside the State of Kuwait.

The ministry highlighted its commitment to ensuring the notary’s neutrality. It mandated that notaries read out the document and explain its legal effects during transactions. Notaries are prohibited from influencing the will of the concerned parties and are forbidden from handling any transaction involving themselves, their spouses, or any party related to them by blood or marriage up to the fourth degree. In such cases, they are required to disclose the conflict of interest and recuse themselves from handling the transaction.

The ministry noted that it has completed a comprehensive review of all existing power of attorney templates, unifying and updating them. It redefined the scope of each template, classified them according to the nature of the legal acts they cover and the level of legal risk associated with their use, and linked each category with appropriate procedures and controls. This marks the most extensive development of the notarization system in the State of Kuwait in decades.