Executive Bylaw of "Notarization": 8 Conditions for Licensing Private Notaries, 4 Prohibitions, and 5 Cases for License Termination
The Official Gazette “Kuwait Today” published the decision of Minister of Justice, Advisor Nasser Al-Sameet, No. 590 of 2026, issuing the Executive Regulations of Law No. (10) of 2020 concerning Notarization, as amended by Law-Decree No. (147) of 2025. The decision stipulates the following:
Article One: The provisions of the Executive Regulations of Law No. 10 of 2020 concerning Notarization, as amended by Law-Decree No. 147 of 2025, attached to this decision, shall come into effect.
Article Two: The aforementioned Ministerial Decision No. (348) of 2021 is hereby repealed, as is any provision that contradicts the provisions of this decision or conflicts with the provisions of the attached regulations.
Article Three: The competent authorities shall each implement this decision within their respective jurisdictions. It shall come into effect from the date of its issuance and be published in the Official Gazette.
The Executive Regulations stipulate the following:
Requirements for the Instrument:
The instrument to be notarized, whether paper-based or electronic, must include, in addition to the data pertaining to its subject matter, the following:
1. The date of notarization, including the hour, day, month, and year.
2. The name, surname, and title of the notary, unless the transaction was conducted through the automated electronic system.
3. The name of each interested party as recorded in the official registers, along with their surname if applicable. The paper instrument must be free of erasures or interlineations. If it consists of multiple pages, they must be numbered, and the total number of pages must be indicated at the end. The notary shall authenticate any deletions or additions by signing and affixing his seal, along with the signatures of the interested parties.
Verification of Identity:
The notary must verify the identity of the interested parties before conducting the notarization, certification, or date attestation. This shall be done by examining the original civil ID card or passport. Verification of identity may also be conducted using electronic means, including protected electronic signatures or any other verification method, in accordance with the provisions of Chapter Two of these Regulations.
Grounds for Refusal:
If the circumstances clearly indicate that the interested parties lack legal capacity or consent, or if the instrument appears void on its face, the notary must refuse to conduct the notarization. The refusal and its reasons must be recorded in a special register maintained for this purpose. In cases where the transaction is conducted via video conference, the notary must record the fact of refusal and its reasons in the electronic register.
Representation and Authority:
If a person acts on behalf of another in requesting any notarization procedure through a power of attorney or otherwise, the notary must verify their status, the extent of their authority, and its limits, and request supporting documents.
Scope of the Power of Attorney:
A power of attorney worded in general terms without specifying the type of legal work subject to the mandate does not empower the attorney-in-fact to perform anything other than acts of administration. Legal entities, such as banks, companies, and associations, are represented for this purpose by their managers or agents, in accordance with their founding documents, articles of association, and any subsequent amendments. Conventional authorizations or correspondence in this regard shall not be accepted.
Contracting by the Agent with Himself:
An agent may not contract with himself in the name of the principal unless explicitly stated in the power of attorney document.
Guardianship over Minors:
The natural guardian may act on behalf of the minor under his guardianship, within the limits prescribed by law. The guardian’s authority does not extend to disposing of any property acquired by the minor through donation, if the donor has stipulated such a condition. Disposal of such property may only be carried out by a special guardian appointed by the court.
Duration of Notarization of Power of Attorney:
First: The notarization of a power of attorney shall be valid for a period of five years from the date of its notarization, unless a shorter period is agreed upon or the power of attorney terminates for any prior cause.
Second: As an exception to the provision of the First clause, the notarization of a power of attorney shall be valid for a period of ten years from the date of its notarization in the following two cases:
1. A power of attorney issued to a lawyer registered on the roll of lawyers practicing law and conducting litigation proceedings.
2. A power of attorney prepared for use exclusively outside the State of Kuwait, whether it pertains to acts of disposition, management, or otherwise.
Safeguarding and Confidentiality of Electronic Documents:
Electronic documents or records issued in connection with transactions completed using the electronic system shall be preserved in a manner that ensures their confidentiality and protects them from unauthorized access, use, alteration, or destruction without legal justification. This preservation shall also provide mechanisms to ensure the accuracy of the data contained therein and their retrievability at any time, while indicating the identity of the relevant parties and the date and time of their creation, sending, or receipt, as applicable.
Regulations Governing the Notarization of Marriage Contracts:
The judge or notary public entrusted with the task must, prior to notarizing a marriage contract, verify the absence of any religious or legal impediments, confirm the legal capacity and mutual consent of the contracting parties, and observe the provisions regarding the mandatory waiting period (Iddah) where required. A marriage contract shall not be notarized for a widow unless a certificate confirming death and inheritance is submitted. Similarly, a divorced woman must submit a certificate of divorce from her former husband.
Jurisdiction of Marriage Officiants:
Officiants appointed by the Minister shall have jurisdiction to notarize and authenticate marriage contracts for Muslims, in accordance with the procedures and regulations stipulated in this Regulation.
Powers of the Civil Notary:
The civil notary may, upon request by the interested parties and in accordance with the conditions and procedures set forth in the Law and this Regulation, perform the following acts:
1. Notarization of powers of attorney of all kinds, except those relating to the ownership of real estate or any real rights therein.
2. Notarization of articles of incorporation for companies, as well as their amendments, expiration, dissolution, or withdrawal from them.
3. Authentication of signatures and certification of dates on customary documents.
4. Notarization of the revocation of general and special powers of attorney.
Conditions for Licensing the Practice of Civil Notary Services:
The following conditions must be met by any person licensed to practice as a civil notary:
1. He must hold Kuwaiti nationality.
2. He must have full legal capacity, whether he is a natural person, a manager of a professional company, or a partner therein.
3. The natural person, the manager of the professional company, its partners, and the employees who perform notarization activities must hold a law degree or an equivalent certificate recognized by the Ministry of Higher Education.
4. The individuals mentioned in the preceding two paragraphs must have good conduct and reputation. No final judgment shall have been issued against any of them for a felony, a crime involving moral turpitude or breach of trust, or for any of the crimes against the person of the Amir, terrorism, or state security, unless their reputation has been restored. Furthermore, none of them shall have been previously dismissed for disciplinary reasons.
5. They must successfully complete the prescribed training programs and examinations, except for those who have previously served as government notaries for a period of no less than ten years.
6. They must have practical experience in legal matters for a period of no less than ten years.
7. They must have a suitable and appropriate office to conduct notarization activities.
8. They must provide a valid insurance policy throughout the license period against liability for professional errors, issued by one of the insurance companies licensed in Kuwait, with an annual coverage amount of no less than 100,000 Kuwaiti Dinars.
Duration and Renewal of the License:
1. The notary public’s license shall be valid for a period of two years, renewable for a similar period upon his request.
2. The renewal application must be submitted at least thirty days prior to the expiration of the license term.
3. If the license term expires without renewal, the notary public may submit a renewal application within ninety days from the date of its expiration, provided he presents a justification accepted by the Licensing Committee, without prejudice to the provisions of Article 55(4) of this Regulation.
Prohibitions:
The notary public is prohibited from:
1. Disclosing any information concerning interested parties that he has obtained or become aware of in the course of his duties.
2. Providing any copies of registers or documents to persons other than interested parties, except by order of the judge of the Summary Court at the High Court.
3. Transferring any records, documents, or instruments from the approved place of business.
4. Handling any matter in which a conflict of interest exists, with respect to any partner in the professional company or its representative, as set forth in Article 5 of this Regulation.
Complaints:
The Administration shall notify the notary public of any complaint filed against him, allowing him fifteen days from the date of notification to submit his response. The complaint, along with his response, shall be referred to the Disciplinary Committee, which shall decide whether to dismiss it or refer it for investigation.
Termination of License by Operation of Law:
The notary public’s license shall terminate in any of the following cases:
1. Death.
2. Issuance of a final conviction for a felony or a crime involving moral turpitude or breach of trust, or for any of the crimes against the person of the Amir, terrorism, or state security, subject to presentation of the matter to the Licensing Committee to confirm the occurrence of the ground for termination.
3. Submission of a written request by the notary public himself.
4. Failure to renew the license after ninety days have elapsed from its expiration without a justification accepted by the Licensing Committee.
5. Dissolution, liquidation, or termination of the professional company for any reason.
