New "Authentication" Regulations: Remote Transactions and Five-Year Agency
- The validity period for notarizing powers of attorney and their use outside Kuwait is 10 years.
- Remote notarization and attestation are permitted, provided a “protected electronic signature” or a “verification code” is present.
- Off-site notarization is available for individuals aged 65 and above who are unable to attend for health reasons (supported by a medical report), as well as for detainees in prisons and detention centers.
- Electronic notarization is prohibited for individuals with intellectual disabilities, those aged 75 and above, and cases involving a “judicial assistant.”
The new executive regulations for the Notarization Law, published in “Al-Kuwait Al-Yawm,” open the door to a new phase in regulating notarization and attestation procedures by enabling the completion of several transactions electronically and remotely, enhancing electronic data linkage for verification, establishing new controls for electronic signatures and the preservation of documents and audio-visual recordings of notarization sessions, and specifying fees and charges.
In its provisions governing notarization operations, the regulations include a package of facilitations aimed at reducing bureaucratic cycles and accelerating transaction processing, while maintaining the necessary legal controls to verify the identity and intent of the parties involved and to protect documents from forgery or tampering.
The regulations allow for the waiver of the requirement to submit original documents or attest to copies, provided that the necessary data for notarization can be verified through electronic linkage with the competent authority. They also regulate the handling of images and copies, stipulating that photocopies of notarized or attested documents are not accepted unless endorsed by the competent notary to confirm that they have reviewed the originals and verified their conformity, and stamped in accordance with approved procedures.
Regarding copies of other documents, attestation by the issuing authority confirming their conformity is required, unless their data can be verified electronically.
The regulations specify the circumstances under which a government notary may leave the administration’s premises to complete notarization work, primarily when the party concerned is unable to attend for health reasons, based on a medical report accepted by the administration.
It also permits off-site notarization for individuals aged 65 and above, for detainees in prisons or detention centers, and for social circumstances deemed appropriate by the administration, such as the waiting period (iddah) of a woman whose husband has died.
The regulations also allow for a request for a special off-site service, subject to the administration’s approval. The reason for the off-site visit must be recorded in the document and the dedicated register, and the visit may only take place after the prescribed fee has been paid.
One of the most prominent new provisions sets the validity period for notarized powers of attorney at five years from the date of notarization, unless the parties agree to a shorter period or the power of attorney terminates for any reason before the expiration of this period.
The regulations dedicate a specific chapter to the use of the electronic system, permitting notarization or attestation via video conferencing, provided that the parties possess a protected electronic signature. Documents may also include an electronic verification code that allows for the confirmation of their authenticity and validity.
Despite the expansion of electronic services, the regulations establish controls for cases where remote notarization or attestation using the automated electronic system or video conferencing is not permitted. These cases include applicants with intellectual disabilities, individuals aged 75 and above, and those for whom a decision appointing a judicial assistant has been issued and published, specifically regarding transactions for which such assistance is mandated. In these cases, notarization must be conducted in the presence of the party concerned before the notary at the administration, or by the notary traveling to the party’s location in accordance with the relevant regulatory controls.
In a move to strengthen documentation and legal security, the regulations stipulate that the electronic system shall create an audiovisual recording of each session conducted via video conferencing. The recording shall encompass identity verification procedures, the reading of the document, an explanation of its legal effects, and its approval by the relevant parties. The recording shall be retained in the transaction file for the period determined by the administration; in the event of notification of a dispute concerning the transaction, retention shall continue until a final judgment is rendered.
