Minister of Justice Issues the New Executive Regulations for the Amended Notarization Law
Justice Minister and Legal Advisor Nasser Al-Sameet issued a ministerial decision promulgating the new executive regulations for Law No. (10) of 2020 on Documentation, as amended by Legislative Decree No. (147) of 2025. This includes an integrated electronic system and the establishment of the private notary role through the reorganization of documentation activities and procedures, alongside the adoption of electronic means to conduct transactions.
The Ministry of Justice stated in a statement on Tuesday that the regulations specify three methods for completing documentation transactions, which vary according to the nature of the legal act and the magnitude of its legal effects. It retained the requirement for personal presence before the notary and permitted completing transactions via audio-visual communication.
The regulations introduced an integrated automated electronic system for processing certain transactions, limited to powers of attorney related to routine administrative procedures that do not involve transferring ownership, establishing real rights, or imposing obligations on the principal. The new electronic system relies on the "Huwiyati" application and a protected electronic signature approved by the Public Authority for Civil Information. Each document drafter is provided with a verification code that allows for immediate confirmation of authenticity and confidentiality through the Ministry of Justice’s platform.
All transactions are recorded in an electronic register that cannot be erased or deleted. Any corrections made to the records are entered as subsequent entries to preserve the sequence of records and track every procedure.
The regulations implemented the provisions of Legislative Decree No. (147) of 2025, which set a maximum duration for notarized powers of attorney at five years, with the expiration date recorded at the top of the document. It also permitted longer durations for legal representation powers of attorney and those related to properties located outside the State of Kuwait.
Emphasizing the guarantee of notary neutrality, the regulations obliged notaries to read the document aloud, explain its legal effects, and ensure it does not influence the will of the parties involved. Notaries are prohibited from handling any transaction concerning themselves, their spouses, or any party with whom they have a kinship or affinity relationship up to the fourth degree. In such cases, they must disclose the conflict of interest and recuse themselves from handling the transaction.
The Ministry completed a comprehensive review of all existing power of attorney templates, unifying and updating them. It redefined the scope of each template, classified them based on the nature of the transactions and the associated legal risks, and linked each category with appropriate procedures and controls. This marks the most extensive development of the documentation system in the State of Kuwait in decades.
