Decree-Law Issued to Amend Certain Provisions of the Notarization Law
Amending the Notarization Law to facilitate electronic procedures and coordinate work between the Ministries of Justice and Commerce.
Translated by Qiyas from الأنباء — Original source
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 amended articles, indicates that practical application has revealed the need to complete the development of 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 rules organized in personal status laws.
Article One of the Decree stipulates the replacement of Article (9 bis) of the aforementioned Law No. 10 of 2020. Its first paragraph provides that the presence of interested parties or their agents must be in person before the notary, 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, and the legal officer (ma’dhun)—each within their respective jurisdiction—to notarize personal status matters electronically and remotely, thereby facilitating matters for interested parties and resolving any potential disputes regarding the applicability of electronic notarization rules to personal status issues.
In Article Two, the final paragraph added to Article (5) stipulates that government notaries and employees of the Commercial Registration Approval Unit at the Ministry of Commerce and Industry shall coordinate their work 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 to access necessary commercial registration 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 notarial registers at the Ministry of Justice when approving company contracts. Information and documents shall be exchanged between the government notary and the Approval Unit employees according to the controls specified in the Executive Regulations.
Article (13 bis) added to the law 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. Article (13 bis a) added to the law 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.
Article (22 bis) added to the law imposes penalties on any notary or legal officer who notarizes a marriage contract before verifying that both parties have completed the pre-marriage qualification program, in violation of the provision of Article (13 bis a) mentioned above. The penalty is imprisonment for a term not exceeding one year and a fine not exceeding one thousand Kuwaiti dinars, or either 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 competent unit at the Commercial Registration Department of the Ministry of Commerce and Industry. It stipulates that company contracts, their amendments, and other documents shall remain valid...
The documents related to it, which were authenticated with the Ministry of Justice prior to the effective date of the provisions of this Decree-Law, and the transfer of jurisdiction are valid and produce their legal effects. It was confirmed that the transfer of jurisdiction to this unit does not affect its validity, probative value, or enforceability in accordance with the law. Article Four of the Decree repealed Item (3) of Article (5) of Law No. (10) of 2020, which had stipulated that the government notary is competent to authenticate company contracts, amend them, and handle the dissolution, liquidation, or withdrawal from companies. It also repealed any provision that conflicts with the provisions of this Decree-Law.
