Decree-Law No. 122 of 2026 Issued Amending Certain Provisions of the Notarization Law

Kuwait City, 19 October (KUNA) -- Decree-Law No. 122 of 2026 was issued to amend certain provisions of Law No. 10 of 2020 concerning Notarization, with the aim of simplifying procedures, developing electronic linkages among 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 further develop notarization through two main pathways: first, 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; and second, addressing the specifics of personal status matters—such as marriage, divorce, revocation of divorce (raj’a), and prohibited nursing kinship (radāʿ)—through more detailed procedural rules that safeguard rights and regulate evidence without encroaching on substantive provisions governed by personal status laws.

Article One of the decree replaces Article 9 bis of the aforementioned Law No. 10 of 2020. Its first paragraph stipulates that interested parties or their agents must appear in person before the notary, or participate through an automated electronic system, or via video conferencing using modern communication tools or electronic means approved by the Ministry of Justice. This measure aims to prevent the use of unsecured tools 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 of the article authorizes judges, government notaries, and authorized clerks (ma’dhoon)—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.

Article Two adds a final paragraph to Article 5, stipulating 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 events such as expiration, dissolution, liquidation, withdrawal of partners, transfer of shares or rights. This is achieved by enabling government notaries to access necessary commercial registry data when notarizing documents related to a company’s estate, a partner’s estate, or partnership disputes, and by enabling the Approval Unit to access relevant notary journals at the Ministry of Justice when approving company contracts. Information and documents shall be exchanged between government notaries and Approval Unit employees in accordance with controls specified in the executive regulations.

Article 13 bis, newly added, 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), also newly added, 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, newly added, penalizes any notary or authorized clerk who notarizes a marriage contract without verifying that both parties have completed the pre-marriage qualification program, in violation of the provisions of Article 13 bis (a). The penalty is imprisonment for a term not exceeding one year and/or a fine not exceeding 1,000 Kuwaiti dinars, without prejudice to any harsher penalties stipulated in other laws.

Article Three of this decree regulates the transitional provisions necessary to transfer jurisdiction over company documents to the unit specializing in 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, their amendments, the dissolution of companies, and their liquidation or withdrawal. It also repeals any provision that conflicts with the provisions of this decree-law. (End) F.N./H.S.S.