Minister of Justice: Amendment to the Notarization Law a Key Step to Strengthen Family Stability and Develop Services - Sarmad
• Abolition of the government notary’s jurisdiction over the authentication of corporate documents, transferring it to the Ministry of Commerce
(KUNA) – Justice Minister and Advisor Nasser Al-Sameet stated that the Cabinet’s approval of the draft law decree amending certain provisions of the Notarization Law represents a significant step toward strengthening family stability, protecting the rights of its members, and developing and streamlining notarization services.
Advisor Al-Sameet added in a press statement on Tuesday that this amendment aligns with the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and safeguard him, to develop legislation and elevate government services.
He clarified that the amendment mandates that individuals seeking marriage complete a qualification program before the marriage contract is authenticated, in order to enhance awareness of the spouses’ rights, duties, and responsibilities of married life. The program’s curriculum, duration, and implementing authority will be determined by a decision of the Justice Minister, while the executive regulations will specify cases exempt from this requirement.
He noted that the amendment requires, prior to the authentication of divorce or khula (judicial divorce initiated by the wife), referral to the Family Dispute Resolution Center to allow an opportunity for reconciliation and for the prescribed waiting period to elapse without reaching a settlement. This requirement excludes final judicial rulings and personal status cases where reconciliation is not permitted. He emphasized that the objective is to give families a serious opportunity to resolve disputes and preserve family cohesion.
He pointed out that the project mandates the authentication of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates concerned parties to refer the matter to the judiciary if authentication is not possible, in order to safeguard rights and lineage. Additionally, it regulates electronic linkage between the Family Court Registry Administration and the Notarization Administration to automatically record final judgments related to marriage and separation in the notarization registers.
Regarding digital transformation, Advisor Al-Sameet explained that the amendment allows notarization through the automated electronic system or via video conferencing using means approved by the Ministry of Justice, in addition to in-person attendance. It permits the electronic and remote authentication of personal status matters according to controls that ensure procedural integrity and verify the identity and intent of the parties, while specifying cases that require personal attendance.
Al-Sameet indicated that the amendment abolishes the requirement to authenticate corporate documents at the Ministry of Justice, including their establishment contracts, amendments, dissolution, liquidation, and exit procedures. Instead, the specialized unit for the Commercial Register at the Ministry of Commerce and Industry will be responsible for endorsing these documents to facilitate corporate transactions, streamline procedures, prevent duplication among authorities, and regulate data and record exchange between the two ministries.
He affirmed that the Ministry of Justice will continue to accept corporate transactions until the specialized unit begins its operations, pursuant to a joint decision by the Ministers of Justice and of Commerce and Industry, while maintaining the validity and full legal probative value of previously authenticated documents.
Advisor Al-Sameet noted that the project stipulates that the amendment will take effect six months after its publication to allow time to complete regulatory and technical requirements. He stressed that developing notarization services combines facilitating access to services with protecting rights, reflecting the Ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.
