Decree-Law Issued Amending Certain Provisions of the Notarization Law

Decree-Law No. 122 of 2026 was issued amending certain provisions of Law No. 10 of 2020 concerning Notarization, with the aim of simplifying procedures, developing electronic linkages between competent authorities, and enhancing official records and documents, while preserving existing legal statuses.

The explanatory memorandum of the law, which includes five amending articles, indicates that practical application has revealed the need to further develop notarization through two main pathways. The first is facilitating the approval procedures for company contracts and related documents to prevent duplication of procedures between the Ministry of Justice and the Ministry of Commerce and Industry. The second is addressing the specifics of personal status matters—such as marriage, divorce, revocation of divorce (ruju'), and prohibited breastfeeding—through more detailed procedural rules that safeguard rights and regulate proof without encroaching upon substantive provisions governed by personal status laws.

Article One of the Decree replaces Article 9bis of the aforementioned Law No. 10 of 2020. Its first paragraph stipulates that interested parties or their agents must appear personally before the notary public, or through the automated electronic system, or via video conferencing using modern or electronic communication means approved by the Ministry of Justice. This is to prevent the use of unsecured means or applications that could open the door to manipulation, identity fraud, or disputes regarding the validity of presence or the expression of intent.

The second paragraph authorizes the judge, the government notary public, and the legal advisor (ma'dhun)—each within their respective jurisdiction—to notarize personal status matters electronically and remotely. This aims to facilitate matters for interested parties and resolve any potential disputes regarding the applicability of electronic notarization rules to personal status issues.

The final paragraph added to Article Two amends Article 5, stipulating that government notary publics and employees of the Commercial Registration Approval Unit at the Ministry of Commerce and Industry shall coordinate to ensure no duplication in approval and notarization of documents related to companies, their establishment contracts, amendments, and any occurrences such as expiration, dissolution, liquidation, partner withdrawal, transfer of shares or rights. This is achieved by enabling the government notary public to access necessary commercial registry data when notarizing documents related to a company’s estate, a partner, or a partnership dispute, and by enabling the Approval Unit to access relevant Ministry of Justice notarization registers when approving company contracts. Information and documents shall be exchanged between the government notary public and the Approval Unit employees according to controls specified in the Executive Regulations.

The added Article 13bis mandates the notarization of marriage and divorce facts between spouses in all their types, in accordance with the controls outlined in the Notarization Law, its Executive Regulations, and related laws. The added Article 13bis(a) prohibits the notarization of a marriage contract unless both parties have completed the pre-marriage qualification program. A decision by the Minister of Justice shall determine the program’s curriculum, duration, completion requirements, and the entity responsible for its implementation.

The added Article 22bis penalizes any notary public or legal advisor who notarizes a marriage contract without verifying that both parties have completed the pre-marriage qualification program, in violation of the aforementioned Article 13bis(a). The penalty is imprisonment for a term not exceeding one year and a fine not exceeding 1,000 Kuwaiti dinars, or one of these two penalties, without prejudice to any harsher penalty stipulated in another law.

Article Three of this decree regulates the transitional provisions necessary to transfer jurisdiction over company documents to the specialized unit of the Commercial Register at the Ministry of Commerce and Industry. It stipulates that company contracts, their amendments, and all related documents authenticated by the Ministry of Justice prior to the effective date of this decree-law shall remain valid and continue to produce their legal effects. It further confirms that the transfer of jurisdiction to this unit does not affect the validity, evidentiary weight, or enforceability of such documents in accordance with the law.

Article Four of the decree repeals paragraph (3) of Article (5) of Law No. (10) of 2020, which had granted the government notary the authority to authenticate company contracts and their amendments, as well as the dissolution, liquidation, or withdrawal from companies. It also repeals any provision that conflicts with the provisions of this decree-law.