Notary Public: Agency Validity Period is 10 Years for Abroad and 5 Years for Domestic

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 be enforced.

Article Two: The aforementioned Ministerial Decision No. (348) of 2021 is hereby repealed, as is any provision that contradicts the provisions of this decision or conflicts with the attached regulations.

Article Three: Competent authorities shall implement this decision within their respective jurisdictions, and it shall take effect from the date of its issuance and be published in the Official Gazette.

The Executive Regulations stipulate that:

1. The document required for notarization, whether paper-based or electronic, must include, in addition to data regarding its subject matter, the date of notarization specifying the hour, day, month, and year.

2. The name, title, and position of the notary, unless the transaction was conducted through the automated electronic system, and the names of all interested parties as recorded in official records, along with their titles if applicable. Paper documents must be free of erasures or interlineations. If the document consists of multiple pages, they must be numbered and the total count indicated at the end. The notary must authenticate any deletions or additions by signing and affixing their seal, along with the signatures of the interested parties.

The regulations mandate that the notary verify the identity of interested parties before conducting notarization, certification, or date verification. This is done by inspecting the original Civil ID or passport. Identity verification may also be conducted using electronic means, including protected electronic signatures or other verification methods, in accordance with the provisions of Chapter Two of these regulations.

It states that if circumstances clearly indicate that the interested parties lack legal capacity or consent, or if the document appears void on its face, the notary must refuse to perform the notarization and record the refusal and its reasons in a special register designated for this purpose. In cases where the transaction is conducted via video conference, the notary must record the refusal and its reasons in the electronic register.

If a person acts on behalf of another through a power of attorney or otherwise to request any notarization procedure, the notary must verify their status, authority, and its limits, and request supporting documents.

Regarding the scope of the power of attorney, it is clarified that a power of attorney expressed in general terms without specifying the type of legal work subject to the mandate only authorizes the agent to perform administrative acts. Legal persons such as banks, companies, and associations are represented by their managers or agents for this purpose, according to their establishment deeds, articles of association, and subsequent amendments. Standard delegations or correspondence in this regard are not accepted.

It is clarified that an agent may not contract with themselves on behalf of the principal unless explicitly stated in the power of attorney document. A natural guardian may act on behalf of a minor under their 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 stipulated otherwise; such disposal may only be carried out by a special guardian appointed by the court.

Regarding the duration of notarized powers of attorney, the regulations state that a power of attorney is notarized for a period of five years from the date of notarization, unless a shorter period is agreed upon or the power of attorney terminates for any prior reason. Exceptionally, the duration of notarization for a power of attorney is ten years from the date of notarization in two cases:

1. A power of attorney issued to a lawyer registered on the roll of lawyers practicing law and litigation procedures.

2. A power of attorney prepared for use exclusively outside the State of Kuwait, whether concerning acts of disposal, administration, or otherwise.

Regarding the storage and confidentiality of electronic documents, it states that electronic documents or records issued from transactions completed using the electronic system must be stored in a manner that ensures their confidentiality and protects them from unauthorized access, use, modification, or destruction without legal justification. This includes mechanisms to ensure data accuracy and retrievability at any time, as well as indicating the identity of the interested parties and the date, time of creation, sending, or receipt, as applicable.

Regarding the regulations for notarizing marriage contracts, it states that the judge or notary responsible must, before notarizing a marriage contract, verify the absence of any religious or legal impediments, confirm the legal capacity and consent of the contracting parties, and adhere to the provisions of the Islamic waiting period (Iddah) where required. A marriage contract for a widow may not be notarized until a certificate confirming death and inheritance is provided. A divorced woman must also provide a divorce certificate.

Regarding the jurisdiction of marriage officiants, it states that officiants appointed by the Minister are authorized to notarize and certify marriage contracts for Muslims, in accordance with the procedures and regulations stipulated in these regulations.

Regarding the jurisdiction of civil notaries, it states that a civil notary may, upon request by interested parties and in accordance with the conditions and procedures stipulated in the law and these regulations, perform the following acts:

- Notarizing powers of attorney of all types, except those related to real estate ownership or any real rights attached thereto.

- Notarizing the establishment, amendment, expiration, dissolution, or withdrawal from companies.

- Certifying signatures and verifying dates on customary documents.

- Notarizing the revocation of general and special powers of attorney.

Regarding the licensing conditions for practicing as a civil notary, it is required that the licensee be a Kuwaiti national and possess full legal capacity, whether as a natural person, a manager of a professional company, or a partner therein. Natural persons, managers of professional companies, partners therein, and employees who perform notarization activities must hold a law degree or an equivalent certificate approved by the Ministry of Higher Education.

The aforementioned individuals must have good conduct and reputation. No final judgment for a felony, a crime involving moral turpitude or breach of trust, or any crime against the dignity of the Amir, terrorism, or state security may have been issued against any of them, unless their reputation has been restored. None of them may have been previously dismissed for disciplinary reasons. Additionally, they must successfully complete the prescribed training programs and examinations, except for those who have previously served as government notaries for at least ten years and have at least ten years of practical experience in legal work. They must have a suitable and appropriate office to conduct notarization activities and provide a valid insurance policy throughout the license period against professional liability errors, issued by one of the insurance companies licensed in Kuwait, with an annual coverage amount of no less than 100,000 Kuwaiti Dinars.