'Social Affairs': 13 Conditions for Appointment in Cooperative Boards

- Passing a training program and scoring 80% on the exam... while excluding individuals assigned to care for a person with a disability

- Prohibition of appointment in an association located within one’s residential area... and selection based on qualifications, experience, and age

- A permanent committee and a database of qualified candidates, along with periodic reports to monitor performance and terminate appointments when conditions are no longer met or duties are violated

The Official Gazette, “Kuwait Al-Yaum,” published in its issue released today, Ministerial Decision No. (314) of 2026 concerning the conditions and regulations for selecting, appointing, and monitoring the performance of members appointed to boards of directors, interim managers, and interim boards of directors in cooperative associations and federations.

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The decision established a comprehensive framework for selecting, evaluating, and ranking candidates for appointment, defined their duties and obligations, and outlined mechanisms for monitoring their performance and terminating their appointments, alongside the establishment of a permanent committee and an electronic database of qualified candidates.

The Ministerial Decision, issued by the Minister of Social Affairs, Dr. Amthal Al-Huwaili, included the following articles:

Article (1): Definitions

In the application of the provisions of this decision, the following words and phrases shall have the meanings indicated alongside each, unless the context otherwise requires:

The Ministry: The Ministry of Social Affairs.

The Minister: The Minister of Social Affairs, Family, and Childhood Affairs.

The Law: Law Decree No. (24) of 1979 concerning Cooperative Associations, as amended by Law No. (118) of 2013.

The Association: A cooperative association registered in accordance with the provisions of the Law.

The Federation: A cooperative federation registered in accordance with the provisions of the Law.

Appointed Member: Any person against whom a decision is issued by the Minister appointing them as a member of the board of directors of an association or federation, or as a member of an interim board of directors, or as an interim manager.

Interim Board of Directors: The board whose members are appointed by the Minister to manage an association or federation on an interim basis in accordance with the provisions of the Law.

Interim Manager: The person appointed by the Minister to manage an association or federation on an interim basis in accordance with the provisions of the Law.

Competent Authority: The General Administration of Cooperative Affairs within the Ministry.

Conflict of Interest: A conflict of interest as defined and governed by the provisions in the prevailing legislation regarding the prevention of conflicts of interest.

Article (2):

A permanent committee shall be established within the Ministry, named: “The Committee for Reviewing Candidates for Appointment in Cooperative Associations and Federations,” by a decision of the Undersecretary of the Ministry, chaired by and comprising the following members:

1. The Assistant Undersecretary for Financial and Administrative Affairs and Cooperative Affairs – Chairman.

2. The Director General of the General Administration of Cooperative Affairs – Vice Chairman.

3. The Director of the Human Resources Development Department – Member.

4. The Director of the Cooperative Supervision and Inspection Department – Member.

5. The Director of the Cooperative Development, Membership Affairs, and Association Registration Department – Member.

6. The Director of the Legal Affairs Department at the Ministry – Member.

7. A representative from the Minister’s Office – Member.

8. A representative from the Information Technology Department – Member.

9. A representative from the Human Resources Development Department – Member.

10. A representative from the Undersecretary’s Office – Member and Secretary.

A decision shall specify the committee’s tasks, rules for organizing its work, procedures for its meetings, and its term of office. The Chairman of the Committee may invite any experts or specialists deemed appropriate to attend committee meetings and provide their opinions, without having the right to vote.

Article (3):

The Committee shall be responsible for studying and evaluating candidates for appointment in cooperative associations and federations in cases where the Law permits appointment in accordance with the standards and regulations set forth in this decision. It shall undertake the following tasks:

1. Prepare and establish an electronic database of qualified candidates for appointment in cooperative associations and federations, and update it periodically.

2. Receiving and studying the names of candidates, their curricula vitae, and supporting documents.

3. Verifying that the necessary legal and administrative conditions are met by each candidate.

4. Ranking candidates according to the merit-based criteria specified in Article (7) of this Decision.

5. Submitting an updated list of qualified candidates for appointment, based on the database prepared by the Committee, every three months.

6. Evaluating the performance of previously appointed individuals and utilizing the evaluation results in any subsequent nominations.

Registration in the database does not confer any right to appointment.

Article (4):

Committee members are obligated to maintain the confidentiality of the data, information, evaluation results, and deliberations they access by virtue of their membership in the Committee. Such information may not be used or disclosed except for the purposes for which this Decision was issued or in circumstances prescribed by law.

Article (5):

The database shall include, in particular, the following:

• Personal data.

• Academic qualifications.

• Professional experience.

• Previous positions and memberships.

• Any previous appointments in a cooperative association or cooperative union.

• Any other data determined by the Committee.

Article (6):

Subject to the specific conditions and provisions stipulated in the Law, its implementing regulations, and bylaws, the following conditions must be met by a candidate for appointment:

1. Must be a Kuwaiti national.

2. Must be at least thirty full calendar years old on the date of appointment.

3. Must not be responsible for caring for a person with a disability.

4. Must have a good reputation and conduct, and must not have been convicted by a final judgment of a felony or misdemeanor involving moral turpitude or breach of trust, unless their reputation has been restored. Security clearance inquiries shall be conducted by the Ministry.

5. Their residential address must not be located in the area where the appointed association operates.

6. Must hold a university degree and possess appropriate experience relevant to the nature of the task to be assigned, particularly in legal, financial, accounting, administrative, economic, or other related fields.

7. Must not have been previously dismissed from the board of directors of a cooperative association or cooperative union, nor have been a member of a board of directors dissolved due to serious financial or administrative violations.

8. Must not have been subject to any disciplinary penalty within the last three years (penalty of salary deduction or higher).

9. Must have achieved an “Excellent” grade in the last two years.

10. Must not hold concurrent roles or board memberships in other boards of directors.

11. Must not be holding a supervisory position in the cooperative sector within the Ministry.

12. Must not be an employee of the Cooperative Supervision and Inspection Department in the Ministry, in the case of selecting a manager.

13. Must have passed the training program approved by the Ministry and the prescribed examination, achieving a total score of not less than 80%. In cases of necessity, appointment may be made on the condition that the appointee fulfills this requirement within a period not exceeding three months from the date of assuming office; otherwise, they shall be replaced in accordance with the conditions and procedures outlined in this Decision.

When making the selection, the nature of the task and the circumstances necessitating the appointment shall be considered, as well as the suitability of the candidate’s qualifications and experience. When appointing an interim board of directors, the composition should, as far as possible, ensure complementarity and diversity of expertise.

Article (7):

The Committee shall rank qualified candidates for appointment, after all conditions stipulated in this Decision are met, according to the following order:

– The candidate with the highest academic qualification.

– The candidate with the most years of experience.

– The oldest candidate.

Article (8):

All appointed individuals shall be subject to the provisions of the prevailing legislation regarding the fight against corruption, disclosure of financial status, and prevention of conflicts of interest, as well as the regulations issued to implement them. They shall comply with all duties, procedures, and deadlines stipulated therein.

Appointed individuals shall, in particular, comply with the following:

1. Submitting the financial disclosure statement and all other mandatory declarations and disclosures within the prescribed deadlines and in accordance with legally established procedures.

2. Disclosing existing conflicts of interest at the time of appointment or those that arise during the term of appointment.

3. Taking the measures required by law to resolve conflicts of interest and providing evidence thereof.

4. Refraining from participating in the discussion or decision-making on any matter in which the individual has a direct or indirect interest, and recording this in the meeting minutes or relevant document.

5. Not exploiting the position, authority, or information obtained through the duties to secure personal benefit or benefit for others.

The foregoing shall not affect any obligations, liabilities, or penalties stipulated under the aforementioned legislations.

Article (9):

The appointee shall, throughout the duration of their appointment, adhere to the following:

1. Safeguarding the funds, assets, rights, and documents of the Association or Union.

2. Managing the Association or Union in accordance with the governing laws and regulations, ensuring the continuity of operations, addressing the causes for the appointment, and avoiding the establishment of long-term obligations or taking exceptional or fundamental actions that fall outside ordinary administrative activities, except when necessary and after obtaining the legally required approvals and procedures.

3. Performing duties independently, impartially, and with due care to serve the interests of the Association or Union.

4. Maintaining the confidentiality of information and documents where their nature so requires.

5. Refraining from any act or omission that could harm the interests of the Association or Union or disrupt their operations.

6. Handing over any funds, documents, data, or assets in their custody upon the termination of their duties, in accordance with prescribed procedures.

Article (10):

The interim Director or the interim Board of Directors shall, within thirty days from the date of assuming office, prepare a work plan that includes, as applicable:

1. The financial and administrative status of the Association or Union at the time of assuming office.

2. Urgent measures required to be taken.

3. Proposed measures to address deficiencies.

4. Priorities and the implementation schedule.

5. Measures necessary to address the causes that necessitated the appointment.

A copy of the plan shall be sent to the competent authority for monitoring its implementation.

Article (11):

The interim Director or the interim Board of Directors shall submit to the competent authority a report every three months regarding the progress of work, which shall specifically include: the most important decisions and measures taken; the financial and administrative status of the Association or Union; the percentage of work plan completion; violations and observations that have been addressed and those remaining; existing obstacles and proposed measures to address them.

The Ministry may request any report, statement, or document whenever necessary. The submission of periodic reports shall not preclude the obligation to immediately notify the competent authority of any serious incident that could threaten the funds or interests of the Association or Union or disrupt their operations.

Article (12):

The competent authority shall monitor and evaluate the performance of those subject to the provisions of this Decision. It may issue necessary observations regarding their performance and require them to address deficiencies within a specified period, which it shall then refer to the Assistant Undersecretary for Financial and Administrative Affairs and Cooperation Affairs for presentation to the Minister.

Evaluation shall be based on the nature of the assignment, particularly in light of the extent to which the appointment decision and work plan have been implemented, the resolution of violations and observations, the safeguarding of funds and interests, and compliance with governing legislations, regulations, and decisions.

The expiration of the appointment shall not preclude holding the appointee accountable for any act, decision, or omission issued in violation of the governing laws, regulations, or decisions, or in excess of their authority, without prejudice to any other liability stipulated by law.

Article (13):

The interim manager or interim board of directors, upon completion of their mandate, shall submit a final report to the competent authority, which shall specifically include:

1. The financial and administrative status of the association or federation.

2. The activities completed.

3. Violations and observations that have been addressed.

4. Incomplete activities and the reasons for their non-completion.

5. Existing contracts and financial and administrative obligations.

6. Pending cases and disputes.

7. Issues requiring follow-up and related recommendations.

Article (14):

The appointment of any person subject to the provisions of this Decision may be terminated before its expiry in any of the following cases:

1. Loss of any of the conditions required for appointment.

2. Failure to fulfill duties prescribed by law or this Decision.

3. Breach of any legal obligations regarding integrity, disclosure of financial status, or prevention of conflicts of interest, where such breach affects the appointee’s suitability to continue performing their duties.

4. Exceeding the scope of authority or the purpose of the appointment.

5. Unjustified refusal to execute what is mandated by law, regulations, or the appointment decision.

6. Establishment of a fundamental deficiency in performance that would harm the interests of the association or federation.

7. If public interest so requires.

This shall be without prejudice to civil, criminal, administrative, or other liabilities prescribed by law.

Article (15):

The competent authority shall oversee the implementation of the provisions of this Decision and prepare the necessary forms for the work plan, periodic and final reports, handover and takeover minutes, and other required administrative forms.

This shall not affect the forms, declarations, procedures, and deadlines prescribed by the competent authorities under anti-corruption legislation, financial disclosure laws, and conflict-of-interest prevention regulations.

Article (16):

Individuals appointed prior to the effective date of this Decision shall continue to perform their duties until the expiration of their appointment term or until a decision terminating their appointment is issued.

From the effective date of this Decision, the provisions regarding monitoring, evaluation, accountability, reporting, and handover and takeover shall apply to them, in accordance with the nature of their appointment and the remaining duration thereof, without prejudice to the obligations originally imposed on them under prevailing legislation.

Article (17):

Ministerial Decision No. (97/Adm) of 2022 concerning the conditions and regulations for appointing interim managers and appointed members of the boards of directors of federations and cooperative associations, and its amendments, are hereby repealed. Any provision conflicting with the provisions of this Decision is also repealed.

Article (18):

This Decision shall be published in the Official Gazette and shall take effect from the date of its publication. The competent authorities shall implement it, each within its respective jurisdiction.