Issuance of the Notarization Law: Authorization to notarize transactions via video conferencing and electronic systems
Justice Minister Counselor Nasser Al-Samit issued Decision No. 590 of 2026, promulgating the Executive Regulations for Law No. 10 of 2020 concerning Notarization, as amended by Decree-Law No. 147 of 2025. The regulations govern electronic notarization and attestation, set time limits for notarizing powers of attorney, and define the licensing conditions and obligations for private notaries, as well as service fees and professional charges.
The regulations, comprising 60 articles and three annexed schedules, set the validity period for a notarized power of attorney at five years, and ten years in two specific cases. They permit the completion of notarization transactions via video conferencing and electronic systems, subject to controls for identity verification and document preservation, and require the personal presence of certain categories of individuals.
The decision repeals Ministerial Decision No. 348 of 2021, as well as any provision that contradicts or conflicts with the attached regulations. It takes effect from the date of issuance and must be published in the Official Gazette.
**Five Years for Powers of Attorney; Ten Years in Two Cases**
The regulations stipulate that the validity period of a notarized power of attorney is five years from the date of notarization, unless a shorter period is agreed upon or the power of attorney terminates earlier for any reason.
Two exceptions allow for a ten-year validity period:
1. Powers of attorney issued to a lawyer registered on the list of practicing lawyers for the purpose of conducting legal representation and litigation procedures.
2. Powers of attorney prepared for use exclusively outside Kuwait, whether relating to acts of disposition, administration, or other matters.
The ten-year period applies unless a shorter period is agreed upon or the power of attorney terminates earlier for any reason. The document must include the expiration date of the notarization.
**Electronic Signatures and Session Recording**
The regulations permit notarization or attestation procedures to be conducted via video conferencing, provided that the relevant parties possess a protected electronic signature. An electronic verification code may be included to confirm the authenticity and validity of the document.
Transactions listed in Schedule No. 1 may be completed through the automated electronic system, requiring a protected electronic signature from the relevant parties. In such cases, the electronic stamp issued by the competent department is sufficient.
Identity verification, depending on the nature of the transaction and the method of execution, is conducted through the "Hawiti" (My Identity) application, the certificate for the protected electronic signature, or verification of the civil ID or passport when the transaction is conducted via video conferencing.
The regulations mandate the creation of an audio and video recording for every video conferencing session. This recording must include identity verification, the reading of the document, an explanation of its effects, and its approval. Access to the recording, or the making of copies or extracts thereof, is prohibited except upon request by the investigation authority or the competent court in a pending case.
**Personal Presence Required for Those Aged 75 and Above**
The regulations prohibit remote notarization or attestation using the automated electronic system or video conferencing if the applicant has a mental disability, is 75 years of age or older, or has a court-appointed judicial assistant, in cases where assistance is legally required.
Such transactions must be completed with the personal presence of the relevant party before the notary at the department, or by the notary traveling to the party’s location. This does not preclude the use of the electronic system to complete procedures, draft the document, issue it, and store it, provided the prescribed controls are met.
The regulations also allow government notaries to travel outside the department premises in cases including:
* Inability to attend for health reasons, supported by a medical report accepted by the department.
* The relevant party being 65 years of age or older.
* The party being detained in prisons or detention centers.
* Social circumstances deemed appropriate by the department, such as a widow whose husband has passed away.
* Requests for a special mobile service accepted by the department.
**Private Notary Licensing: Two Years and Professional Insurance**
The regulations set the licensing period for private notaries at two years, renewable for similar periods. Renewal applications must be submitted at least 30 days before the license expires.
Renewal applications may be submitted within 90 days of expiration if a valid excuse is accepted by the Licensing Committee. The license terminates if not renewed after this period without an acceptable excuse.
Licensing requirements include:
* Kuwaiti nationality.
* Full legal capacity.
* A legal qualification.
* Good conduct and reputation.
* At least ten years of practical experience in legal affairs.
* A suitable and appropriate office.
* Completion of prescribed training programs and examinations.
An exception is made for those who have previously served as government notaries for at least ten years.
A valid professional liability insurance policy against professional errors, issued by an insurance company licensed in Kuwait, with annual coverage of no less than 100,000 dinars, is required throughout the licensing period.
**Competencies and Obligations of Private Notaries**
Private notaries are authorized to:
* Notarize powers of attorney of all types, except those relating to real estate ownership or real rights.
* Notarize company establishment contracts, amendments, dissolution, liquidation, or withdrawal agreements.
* Attest signatures and certify dates on private documents.
* Notarize the revocation of general and specific powers of attorney.
Private notaries are obligated to:
* Submit an original copy of notarized documents to the department within one month of completing the transaction.
* Submit copies of attested documents or those with certified dates.
* Submit a copy of the manual register according to the approved mechanism.
* Pay and remit fees within the specified deadlines.
They are prohibited from:
* Disclosing information about the relevant parties.
* Providing copies of registers or documents to others without a court order.
* Transferring registers, documents, or records from the approved office.
**Fees: 20 Items for Notarization Services**
The regulations specify the following fees:
* Notarization of company establishment contracts: 50 dinars for the first page.
* Notarization of company contract amendments: 5 dinars for the first page.
* Notarization of contracts and declarations: 10 dinars for the first page.
* Additional pages for the above three services: 2 dinars per page.
* Notarization of general and specific powers of attorney: 10 dinars.
* Attestation of private documents: 10 dinars.
* Certification of dates: 10 dinars.
* Execution form: 15 dinars.
* Declaration of revocation or resignation: 10 dinars.
* Certified copy: 10 dinars for the first page, and 2 dinars for each additional page.
* Certificate: 10 dinars.
* Attestation of other documents not specified: 5 dinars.
**Travel Outside the Department and Translated Templates**
The regulations set a fee of 10 dinars for travel outside the department when a valid excuse is present according to permitted controls, and 50 dinars for a special mobile service in other cases. These fees are in addition to the standard service fee in both instances.
The fee for using translated electronic templates prepared by the department is 5 dinars per document.
**Personal Status Transactions for Non-Muslims**
The regulations set a fee of 10 dinars for each of the following services for non-Muslims:
* Notarization of marriage contracts.
* Notarization of consent contracts.
* Inheritance inventory.
* Divorce.
* Judicial division (Qasam).
* Wills.
**Same Fees for Electronic Transactions**
The regulations stipulate that the same fees apply to transactions conducted using electronic means or the automated electronic system, in accordance with Article 23.
Documents and records that are notarized, attested, or date-certified and contain related subjects are subject to the fee required for the transaction with the highest fee. Only this single fee is collected.
