Justice Minister Issues Executive Regulations for Notarization Law

- Five years for the duration of notarization... and 10 years for powers of attorney issued to lawyers or intended for use outside Kuwait

- Regulations for remote notarization and certification via video conferencing... and specific transactions through the temporary electronic system

- Prohibition of remote notarization for individuals with intellectual disabilities, those aged 75 and above, and cases involving judicial assistants

- 50 Kuwaiti Dinars for company establishment notarization and the special transfer service... and 10 Dinars for powers of attorney, certification, and date verification

- Try calendar applications

- Browse geographical maps

- Subscribe to a training course

- "Private Notary" license valid for two years, renewable... with professional insurance coverage not less than 100,000 Dinars

- "Private Notary" fees: 100 Dinars for company contracts and 50 for individuals... and 25 for powers of attorney covering five persons

The Minister of Justice, Advisor Nasser Youssef Al-Samit, issued Ministerial Decision No. (590) of 2026, promulgating the Executive Regulations of Law No. (10) of 2020 concerning Notarization, as amended by Law Decree No. (147) of 2025. The decision and its attached regulations were published in the official newspaper, "Kuwait Al-Yaum."

The regulations govern procedures for notarization, certification, and date verification; the use of the electronic system and video conferencing in processing transactions; notarization of documents related to endowments and personal status matters; and the organization of private notary activities, including licensing conditions, supervision, and disciplinary measures. It also specifies fees and remuneration according to the attached schedules.

The decision includes the following articles:

Article One:

The provisions of the Executive Regulations of Law No. (10) of 2020 concerning Notarization, as amended by Law Decree No. (147) of 2025, attached to this decision, shall be implemented.

Article Two:

Ministerial Decision No. (348) of 2021, referred to above, is hereby repealed. Any provision conflicting with or inconsistent with the provisions of this decision or the attached regulations is also repealed.

Article Three:

Competent authorities shall implement this decision according to their respective jurisdictions. It shall take effect from the date of its issuance and be published in the official gazette.

The Executive Regulations of the Amended Notarization Law include the following chapters:

Chapter One: General Provisions and Notarization Procedures

Article (1)

Definitions

In the application of the provisions of these regulations, the following words and expressions shall have the meanings indicated alongside each, unless the context otherwise requires:

1- The Minister: The Minister of Justice.

2- The Ministry: The Ministry of Justice.

3- The Law: Law No. (10) of 2020 concerning Notarization, as amended by Law Decree No. (147) of 2025.

4- The Administration: The Notarization Administration.

5- The Notary: The person entrusted with performing notarization activities and related tasks, whether a government notary or a private notary.

6- The Government Notary: The notary within the Administration tasked with performing the activities specified in the Law and these regulations.

7- The Designated Notary: The government notary assigned to notarize documents related to endowments and the personal status of Muslims.

8- The Private Notary: The person licensed and registered in the table, who conducts activities within the limits permitted by these regulations.

9- The Administration Seal: The manual seal specific to the Administration, which may be electronic when transactions are conducted through the approved electronic system in accordance with these regulations.

10- The Private Notary Seal: The manual seal specific to the approved private notary, issued by the Administration.

11- The Notary Seal: The manual seal specific to the notary.

12- The Date Stamp: A stamp used to prepare customary documents submitted to prove their date.

13- The Licensing Committee: The committee for reviewing applications for licenses to practice as a private notary, established pursuant to Article (20) of the Law.

14- The Disciplinary Committee: The committee for disciplining private notaries, established pursuant to Article (22) of the Law, responsible for disciplining them and imposing the penalties specified therein.

15- The Table: The register of private notaries.

16- Electronic System: The digital platform approved by the Ministry of Justice for conducting notarization or authentication remotely using video conferencing or the temporary electronic system.

17- Temporary Electronic System: The system that automatically performs certain notarization or authentication tasks without direct intervention by the notary public after meeting the technical requirements.

18- Video Conferencing: The direct audio-visual communication method between the notary public and the interested parties via the electronic system.

19- Protected Electronic Signature: The electronic signature approved in accordance with the laws and regulations governing electronic transactions in the State of Kuwait.

20- Electronic Verification Code: A digital code (QR Code) included in the document that enables verification of its authenticity and confidentiality through the approved platform.

21- Electronic Instrument: The instrument created using the electronic system.

22- Electronic Register: The digital database in which transactions conducted using the electronic system, along with any cancellations, terminations, or endorsements affecting them, are recorded, as well as the facts that this regulation requires to be recorded therein. Entries in the register shall not be erased; any corrections shall be made through subsequent entries.

Article (2)

Requirements of the Instrument

The instrument to be notarized, whether paper-based or electronic, must include, in addition to the data pertaining to its subject matter, the following:

1. The date of notarization, including the hour, day, month, and year.

2. The name, title, and position of the notary public, unless the transaction was conducted through the temporary electronic system.

3. The name of each interested party as it appears in official records, along with their title, if any.

The paper-based instrument must be free from erasures or interlineations. If it consists of multiple pages, they must be numbered, and the total number of pages must be indicated at the end. The notary public shall certify any deletions or additions made to the instrument by signing and affixing their seal, along with the signatures of the interested parties.

Article (3)

Verification of Identity

The notary public must verify the identity of the interested parties before conducting notarization, authentication, or date certification, by examining the original civil ID card or passport.

Verification of the identity of the interested parties may also be conducted using electronic means, including the protected electronic signature or any other digital verification method, in accordance with the provisions of Chapter Two of this Regulation.

Article (4)

Grounds for Refusal

If the circumstances clearly indicate that the interested parties lack legal capacity or consent, or if the instrument is evidently void, the notary public must refuse to conduct the notarization and record the refusal and its reasons in a special register maintained for this purpose.

If the transaction is conducted via video conferencing, the notary public must record the refusal and its reasons in the electronic register.

Article (5)

Prohibition on Notaries Handling Matters Concerning Themselves or Their Relatives

A notary public shall not perform any acts specified in the Law and this Regulation concerning matters that personally affect them, their spouse, or any interested party with whom they share a kinship or marital relationship up to the fourth degree.

If a notary public encounters a conflict of interest as described above, they must refrain from handling the transaction, disclose the reason for their refusal, and refer the transaction to another notary public designated by the Administration. If a private notary public encounters such a conflict, they must decline and direct the interested parties to the Administration or to another private notary public, and record the refusal and its reason in the register.

Article (6)

Reading of the Instrument and Explanation of Its Effects

The notary must read aloud to the interested parties the full text of the instrument and its attachments, and explain their legal effects, and record this in the minutes before they sign it. The interested parties shall sign, or each shall affix their thumbprint if they are illiterate. If any of them is unable to sign or affix a thumbprint due to a physical disability, they must designate a proxy to sign on their behalf. The notary must verify the interested party’s consent and approval of this proxy appointment, and confirm the identity of the proxy by examining the original of their civil ID card, passport, or equivalent document, and instruct the proxy to sign at the end of the instrument, recording this in the minutes.

When the transaction is conducted via video conference, the reading and explanation shall be carried out via video conference, and the signature shall be executed using a secure electronic signature by the interested parties.

If the transaction is conducted through the temporary electronic system, the interested parties shall be allowed to review the full text of the instrument and its attachments before approval. Their approval and placement of their secure electronic signature shall constitute an acknowledgment that they have reviewed and are aware of its legal effects.

Article (7)

Assistance in Expressing Intent

If any of the interested parties suffers from a disability that prevents them from expressing their intent in a normal manner, the notary must engage a qualified expert or appoint, upon request by the interested parties, a person deemed suitable to provide assistance. The notary must administer an oath to the assistant and instruct them to sign at the end of the instrument, recording this in the minutes.

If any of the interested parties suffers from a mental disability, the guardian appointed by the court shall sign on their behalf, after the notary verifies the guardian’s status and the existence of guardianship or custody based on official documents evidencing such.

If the notary determines, from the submitted documents or from inquiries with the competent authority within the Ministry, that a judicial assistant has been appointed for the notarization applicant in accordance with the provisions of the Civil Law, notarization of transactions for which assistance was ordered shall not be conducted except in the presence and with the cooperation of the judicial assistant, or with court permission for the interested party to act alone, and this shall be recorded in the minutes.

Article (8)

Translation

If the notary does not know the language of the interested parties, they must engage an accredited legal translator. If this is not possible, the notary shall instruct the interested parties to bring a translator who shall take an oath and be instructed to sign at the end of the instrument, with this recorded in the minutes.

Upon request by the interested parties, translated electronic forms prepared by the Administration with the assistance of an accredited translator may be used, provided that the instrument does not contain clauses or terms not covered by the approved translation.

The interested parties shall bear the translator’s fees or the assistant’s fees, if any.

Article (9)

Representation and Capacity

If a person acts on behalf of another in requesting any notarization procedure through a power of attorney or otherwise, the notary must verify their capacity, scope of authority, and its limits, and request supporting documents for this purpose.

Article (10)

Scope of Power of Attorney and Representation of Legal Entities

A power of attorney expressed in general terms without specifying the type of legal work subject to the mandate shall only authorize the agent to perform administrative acts.

Legal entities, such as banks, companies, and associations, shall be represented by their managers or agents for this purpose, in accordance with their establishment deed or articles of association and subsequent amendments. Conventional authorizations or correspondence shall not be accepted for this purpose.

Article (11)

Agent Contracting with Themselves

An agent shall not contract with themselves on behalf of the principal unless explicitly stated in the power of attorney document.

Article (12)

Guardianship over Minors

The natural guardian may act on behalf of the minor under their guardianship, within the limits prescribed by law.

The guardian’s authority does not extend to disposing of any property that has come to the minor through donation, if the donor has stipulated such a condition. Disposal of such property may only be carried out by a special guardian appointed by the court.

Article (13)

Images and Copies

Photocopies of notarized or authenticated documents shall not be accepted unless they are endorsed by the competent notary public, confirming their validity and the authenticity of the notary’s seal and the seal of the administration or the private notary, indicating that the notary has reviewed the originals and verified their conformity.

As for copies of other documents, the notary public shall require the submitter to have them authenticated by the authority that issued the originals, to confirm their conformity.

Submission of the original document or authentication of its copy is not required if it is possible to verify the necessary data for notarization through electronic linkage with the competent authority.

Article (14)

Fees and Copies

Notarization, authentication, or date certification shall not be performed unless the prescribed fee has been paid. A certified copy shall be issued only to interested parties or their legal representatives.

The copy shall bear the transaction number, date, and delivery format. It shall be signed by the notary public and stamped with the notary’s seal and the seal of the administration or the private notary. The notary shall endorse the original document with a note indicating all copies extracted from it.

Article (15)

Place of Notarization

The government notary public shall perform notarization activities at the administration’s premises. The notary may not leave the premises except in the following cases:

1. If the interested party is unable to appear for health reasons, supported by a medical report accepted by the administration.

2. If the interested party has reached the age of sixty-five.

3. If the interested party is detained in prisons or detention centers.

4. In social circumstances assessed by the administration, including a woman’s waiting period (iddah) following the death of her husband.

5. Upon request for a special transfer service, if accepted by the administration.

In all cases, the reason for the transfer shall be recorded in the document and the dedicated register. The transfer shall not be carried out unless the prescribed fee has been paid.

Article (16)

Duration of Power of Attorney Notarization

First: The notarization of a power of attorney shall be valid for five years from the date of its notarization, unless a shorter period is agreed upon or the power of attorney terminates for any prior cause.

Second: As an exception to the first provision, the notarization of a power of attorney shall be valid for ten years from the date of its notarization in the following two cases:

1. A power of attorney issued to a lawyer registered on the list of lawyers authorized to practice law and conduct litigation procedures.

2. A power of attorney prepared for use exclusively outside the State of Kuwait, whether it pertains to disposal, administration, or other matters.

This applies unless a shorter period is agreed upon or the power of attorney terminates for any cause before its expiration.

Third: In all the aforementioned cases, the document must include the expiration date of the notarization.

Chapter Two: Use of the Electronic System

Article (17)

Transactions via Video Conference

Subject to the provisions of Articles (18) and (19) of this Regulation, notarization or authentication may be conducted via video conference, provided that the interested parties possess a secure electronic signature. An electronic verification code may be included in the document to enable verification of its authenticity and confidentiality.

Article (18)

Regulations for Conducting Transactions in Specific Cases

First: Notarization or authentication shall not be conducted remotely using the temporary electronic system or video conference in any of the following cases:

1. If the applicant suffers from a mental disability.

2. If the applicant is seventy-five years of age or older.

3. If the applicant is subject to a court order appointing a judicial assistant in accordance with the Civil Law provisions, specifically regarding transactions for which assistance has been mandated.

Second: Notarization or authentication in these cases shall be conducted in the presence of the interested party before the notary public at the administration, or through the notary’s visit to the party’s location, in accordance with Article (15) of this Regulation, while observing the provisions of Articles (6) and (7) thereof.

Thirdly, the ruling of this Article shall not prevent the use of the electronic system to complete transaction procedures, draft, issue, and store documents electronically, provided that the notary public performs the procedure in the presence of the interested party, whether at the administration’s premises or at the party’s location, and verifies the party’s identity, capacity, will, and consent in accordance with the provisions stipulated in this Regulation. The notary public shall also take measures sufficient to prove such verification in accordance with the controls and means determined by the administration.

Article (19)

Transactions via the Temporary Electronic System

Subject to the provisions of the preceding Article, and as an exception to the rules concerning personal attendance stipulated in this Regulation, the documentation or authentication acts specified in Table No. (1) attached to this Regulation may be conducted through the Temporary Electronic System, provided that the interested parties possess a protected electronic signature, and the electronic seal issued by the competent administration regarding these transactions shall suffice.

Article (20)

Identity Verification

The identity of the applicant shall be verified in accordance with the provisions of this Chapter through the following methods, commensurate with the nature of the transaction and the manner of its execution:

1. Authentication via the Digital Identity application (Huwiyati).

2. Certification of the protected electronic signature.

3. Verification of the Civil ID or passport when conducting the transaction via video conferencing.

Article (21)

Storage and Confidentiality of Electronic Documents

Electronic documents or records issued from transactions completed using the electronic system shall be stored in a manner that ensures their confidentiality and protects them from unauthorized access, use, modification, or destruction without legal justification. This storage shall enable proof of the accuracy of the data contained therein and their retrievability at any time, while indicating the identity of the interested parties and the date and time of their creation, sending, or receipt, as applicable.

Article (22)

Documentation of Video Conference Sessions

The electronic system shall create a visual and audio recording of each session conducted via video conferencing, covering the procedures for identity verification, reading of the document, explanation of its effects, and its approval by the interested parties.

The recording shall be stored within the transaction file for the period determined by the administration. If notified of a dispute regarding the transaction, the storage period shall be extended until a final judgment is rendered in the dispute.

Access to, copying of, or extraction of copies from the recording shall not be permitted except upon request by the investigating authority or the competent court in a case pending before it. Any access, copying, or extraction shall be recorded in the electronic system.

Article (23)

Fees for Electronic Transactions

The prescribed fees for documentation or authentication acts conducted using electronic means or the Temporary Electronic System shall be collected at the same rates applicable if such acts were performed through personal attendance at the administration.

Article (24)

Operating Systems

The administration shall coordinate with the competent authority within the Ministry to provide the necessary systems to ensure the secure operation of the electronic system, enabling it to perform the tasks specified under the provisions of the Law and this Regulation.

Chapter Three: Documentation of Documents Related to Waqf and Personal Status

Article (25)

Jurisdiction for Document Documentation

The judge or notary public appointed shall have jurisdiction to document the following documents:

1. Inventory of the estate.

2. Legal partition (Qism Shar’i).

3. Marital authentication for which final judicial rulings have been issued.

4. Marital authentication for Kuwaiti citizens based on marriage documents certified abroad, provided they meet the conditions stipulated under the Law.

5. Attesting to divorce, khula (judicial dissolution initiated by the wife), reconciliation (ruju’), and similar matters.

6. Declaration of Islam.

7. Certificate of non-marriage or certificate of continued marriage.

8. Documentation of amendments or additions made to the documents specified in the preceding items, upon request by the interested parties and in accordance with the provisions of the Law.

9- Attesting to the endowment, its modification in its disbursement, or revocation thereof.

10- Official notification of the will, its amendment, or revocation thereof.

11- Issuance of the genetic report.

This shall be done in accordance with the procedures stipulated in this Regulation.

Article (26)

Regulations for Notarizing Marriage Contracts

The judge or the authorized notary must, prior to notarizing a marriage contract, verify the absence of any religious or legal impediments, confirm the capacity and consent of the contracting parties, and observe the provisions regarding the mandatory waiting period (Iddah) where required.

Notarization of a marriage contract for a woman whose husband has died is not permitted unless a certificate of death and inheritance is submitted. Similarly, a woman divorced from a previous husband must submit a divorce certificate.

Article (27)

Verification of Guardianship in Marriage

If the guardian is not the father, the judge or the authorized notary must verify that the guardian is the closest eligible guardian to the wife.

In the event of the loss of capacity or death of the closest guardian, guardianship transfers to the next eligible person, as evidenced by the inventory of inheritance or official documents indicating the transfer of marriage guardianship. All of this must be recorded in the marriage contract.

Loss of capacity is only established by a final judicial ruling or by a recent official medical report issued by the Ministry of Health and endorsed by the judge.

Article (28)

Marriage in the Absence of a Guardian

In the absence of a religious guardian for the woman, the marriage contract is conducted by the judge, in accordance with the established religious and legal rules.

Article (29)

Delivery of Notarized Documents

The judge or the authorized notary must deliver an original copy of the notarized document to each interested party or to their legal representative.

If the wife or her legal representative is not present at the time of notarizing a divorce or revocation of divorce, her original copy shall be sent to the competent authority to be delivered to her through the enforcement officer.

If notarization is conducted using the electronic system, a paper extract of the electronic document shall be provided to the interested parties, and it may be accompanied by an electronic verification code that allows for authentication of its validity and confidentiality.

The names, civil ID numbers, date of notarization, type of document, date of marriage, divorce, or revocation of divorce (as applicable), document number, and any other data deemed necessary by the authority to be recorded shall be entered in the designated register or electronic register.

Article (30)

Jurisdiction of Marriage Officiants

Those officiants authorized by the Minister are competent to notarize and authenticate marriage contracts for Muslims, in accordance with the procedures and regulations stipulated in this Regulation.

Chapter Four: Procedures for Authenticating Signatures on Customary Documents

Article (31)

Scope and General Provisions of Authentication

In authenticating the signatures of interested parties on customary documents, the provisions and procedures stipulated in Chapter One of this Regulation shall be applied to the extent consistent with the nature of authentication.

Before proceeding with authentication, the notary must inquire of the interested parties regarding the subject matter of the document on which they wish to authenticate their signatures, and must verify the integrity of their consent and their legal capacity.

Article (32)

Authentication Report

After the interested parties sign the customary document in the presence of the notary, the notary prepares an addendum report to the document, stating:

1- Full names of the interested parties.

2- Names of witnesses or assistants, if any.

3- Identity and capacity verification details.

This report shall be signed by the interested parties and the notary, and stamped with the notary’s seal and the authority’s seal or the private notary’s seal, as applicable. It shall be registered with a sequential number in the designated book or register.

If authentication is conducted via video conferencing, the report shall be prepared in the system, signed by the interested parties and the notary using a secure electronic signature, and recorded in the electronic register.

Article (33)

Multiple Authentication Sessions

It is not required for the contracting parties to be present in a single session to conduct authentication.

If the authentication council convenes multiple times, the notary public must prepare a separate authentication record for each party upon their appearance, and each record shall be registered with a distinct authentication number in the designated register, indicating its linkage to the transaction number, if possible.

When authentication is conducted via video conferencing, each video conference session shall constitute an independent authentication council, with a separate record prepared for it and registered with a distinct authentication number in the electronic register, indicating its linkage to the transaction number, if possible.

Article (34)

Authentication Certificates

An authentication certificate for signatures shall be issued to interested parties or their legal representatives, upon payment of the prescribed fee.

The certificate shall state the authentication number and date, and shall be signed by the notary public and stamped with their seal and the seal of the administration or the private notary, as applicable. When issued using the electronic system, it shall be signed with a secure electronic signature.

The original paper certificate must be endorsed with details of all copies extracted from it, including the date of extraction and the recipient.

Article (35)

Cancellation of Notarized or Authenticated Documents

If interested parties request the cancellation of a notarized document or a document with authenticated signatures, the notary public must request the original document to endorse it with a notation indicating cancellation. If the original cannot be presented, the notary public may accept a written declaration from the interested parties requesting cancellation, without any liability arising for the administration or the private notary.

If the document was notarized or authenticated using the electronic system, cancellation shall be recorded in the electronic register and the document’s status updated to reflect its cancellation. The document’s status may be displayed upon verification using the electronic verification code.

Chapter Five: Procedures for Establishing Date and Enforcement Format

Article (36)

Registration for Date Establishment

The notary public shall establish the date of customary documents by registering them in the designated register with sequential numbers. A record shall be prepared at the end of the document, stating the submission date and registration number, and shall be signed and stamped by the notary public and a date stamp. It shall be delivered to the interested party upon payment of the prescribed fee.

Article (37)

Date Establishment Certificates

Certificates for date establishment may be issued based on the register to interested parties or their legal representatives, upon payment of the fee.

Certificates shall not be issued to third parties except upon an order issued by the judge of urgent matters at the Court of First Instance, in accordance with legally prescribed rules.

Article (38)

Enforcement Format

First: The government notary public shall affix their seal and the administration’s seal to notarized documents containing a definite, quantified, and due obligation, and shall append the enforcement format upon request by interested parties. Only one enforcement copy shall be issued for each obligation to the interested party.

Second: If the document contains reciprocal or multiple obligations, the specific obligation for which each enforcement copy was issued must be stated in the header or margin of that copy, and it shall not be used beyond those limits.

Third: The notary public shall endorse the margin of the original notarized document with details of each enforcement copy issued, including the date of delivery, the recipient’s name, and the obligation for which it was issued.

Fourth: A second enforcement copy for the same obligation shall not be issued except upon an order from the judge of urgent matters at the Court of First Instance, in cases where the first enforcement copy is lost or unusable.

Chapter Six: Private Notary Public

Article (39)

Powers of the Private Notary Public

The private notary public may, upon request by interested parties and in accordance with the conditions and procedures stipulated by law and this regulation, perform the following acts:

1. Notarizing powers of attorney in all forms, except those related to real estate ownership or any real rights therein.

2. Notarizing company formation contracts, amendments, expiration, dissolution, or withdrawal from companies.

3. Authenticating signatures and establishing dates on customary documents.

4- Documentation of the cancellation of public and private notary agencies.

Article (40)

Conditions for Licensing the Practice of Notary Activities by Private Notaries

The following conditions shall apply to any person licensed to practice notary activities as a private notary:

1. He must be a Kuwaiti national.

2. He must have full legal capacity, whether he is a natural person, a manager of a professional company, or a partner therein.

3. The natural person, the manager of the professional company, its partners, as well as its employees who perform notary activities, must hold a law degree or an equivalent certificate recognized by the Ministry of Higher Education.

4. The aforementioned individuals must have good conduct and reputation, and no final conviction for a felony, a crime involving moral turpitude or dishonesty, or any of the crimes against the person of the Emir, terrorism, or state security must have been issued against any of them, unless their reputation has been restored. Furthermore, none of them must have been previously dismissed for disciplinary reasons.

5. They must successfully complete the prescribed training programs and examinations, except for those who have previously held the position of government notary for a period of no less than ten years.

6. They must have practical experience in legal matters for a period of no less than ten years.

7. They must have a suitable and appropriate office to conduct notary activities.

8. They must provide a valid insurance policy throughout the license period against professional liability errors, issued by one of the insurance companies licensed in the State of Kuwait, with an annual coverage amount of no less than 100,000 Kuwaiti Dinars.

Article (41)

Licensing Committee

The Licensing Committee shall examine applications for licensing the practice of notary activities by private notaries submitted by individuals or professional companies, and present the results of its examination to the Minister, in accordance with the procedures stipulated in this Regulation and the work system determined by the decision establishing the committee.

Article (42)

Licensing Procedures

Licensing to practice notary activities by private notaries shall be carried out according to the following procedures:

1. The license application shall be submitted to the Administration on the prescribed form, accompanied by the documents supporting the conditions stipulated in Article (40) as determined by the Administration.

2. The Administration shall register the application in a special register and issue a notice to the applicant containing the application number and date.

3. Complete applications shall be referred to the Licensing Committee within ten days from the date of submission.

4. The Licensing Committee shall present the results of its examination of the application to the Minister within fifteen days from the date of referral of the complete application to it.

5. The Minister shall issue his decision within fifteen days from the date the examination results are presented to him. The application shall be deemed rejected if no decision is issued within this period.

6. In case of approval, the applicant shall be required to complete the registration procedures in the Register after paying the prescribed fee.

Article (43)

Register of Private Notaries

A register shall be established in the Administration for recording licensed private notaries, in which the following data shall be recorded:

1. The name of the private notary, his civil ID number, date of birth, educational qualification, date of obtaining it, practical experience, and contact means, including electronic means determined by the Administration. If the notary is a professional company, the name of the company, its legal form, the number and date of the licensing decision, and the name of the person representing it shall be specified.

2. The registration number in the Register and its date, the ministerial decision issuing the license and its date.

3. The expiration date of the license.

4. The name and address of the office through which the private notary conducts his activities, and any amendments thereto.

5. The specimen signature of the private notary if he is a natural person, or the signature of the person representing the professional company.

6. Complaints filed, violations committed, and procedures or penalties imposed.

7. Any decisions issued regarding the license, such as renewal, suspension, expiration, or cancellation.

Article (44)

License Duration and Renewal

1. The term of a private notary’s license shall be two years, renewable for similar periods upon his request.

2. The renewal application must be submitted at least thirty days prior to the expiration of the license term.

3. If the license term expires without renewal, the private notary may submit a renewal application within ninety days from the date of its expiration, provided he presents an excuse accepted by the Licensing Committee, without prejudice to the provisions of Article (55)(4) of this Regulation.

Article (45)

Obligations of the Private Notary

The private notary shall be bound by the following:

1. Maintaining a manually kept, page-numbered, and administration-approved register in which all transactions he conducts are recorded sequentially. This may be replaced by an electronic register on the Ministry’s electronic system, in accordance with the controls determined by the Administration.

2. Keeping organized files, arranged by date, of copies of documents he has notarized, authenticated, or certified as to date, or any other transaction he has conducted.

3. Submitting to the Administration, within one month from the date of completing the transaction, an original copy of the documents he has notarized, a copy of the documents he has authenticated or certified as to date, and a copy of the manual register, in accordance with the mechanism adopted by the Administration.

4. Retaining copies of the documents or instruments relied upon in conducting the transaction.

5. Paying the prescribed fees for the transactions he conducts and remitting them to the Administration within the specified deadlines.

Article (46)

Prohibitions

The private notary is prohibited from the following:

1. Disclosing any information concerning interested parties that he has obtained or become aware of in the course of his work.

2. Providing any copy of the registers or documents to non-interested parties, except by order of the judge of urgent matters at the Court of First Instance.

3. Transferring any register, documents, or instruments from the approved place of work.

4. Conducting any transaction in which a conflict of interest exists, with respect to any partner in the professional company or its representatives, as per the impediments stipulated in Article (5) of this Regulation.

Article (47)

Fees

The fees of the private notary shall be determined in accordance with Schedule No. (2) attached to this Regulation.

Article (48)

Disciplinary Committee

The Disciplinary Committee, established pursuant to Article (22) of the Law, has jurisdiction over disciplining the private notary. No penalty shall be imposed on him except the penalties specified therein, namely: reprimand or warning, suspension from work for a period not exceeding one year, and removal of his name from the register and cancellation of his license. The committee’s rules of procedure and its procedures shall be as stipulated in this Regulation.

Article (49)

Rules of Procedure and Meetings of the Disciplinary Committee

1. The Disciplinary Committee shall convene upon the summons of its Chairman at least once every three months, or whenever necessary. A meeting shall be valid if a majority of its members are present.

2. The Committee’s decisions shall be made by a majority of the votes of those present. In the event of a tie, the vote of the Chairman shall prevail.

3. The Committee shall have a Secretary appointed from among the Administration’s staff by a decision of the Minister or his delegate. The Secretary shall be responsible for drafting meeting minutes and maintaining records. The Committee may enlist such assistance as it deems necessary to perform its duties.

4. The Committee’s meetings and decisions shall be recorded in minutes signed by the Chairman, the attending members, and the Secretary.

Article (50)

Complaints

The Administration shall notify the private notary of any complaint filed against him, allowing him fifteen days from the date of notification to respond. The complaint, along with his response, shall be referred to the Disciplinary Committee to decide whether to dismiss it or refer it for investigation.

Article (51)

Investigation and Temporary Suspension

1. No disciplinary penalty shall be imposed on the private notary except after conducting a written investigation, hearing his statements, and enabling him to defend himself.

2. The investigation shall be conducted by the Administration upon the request of the Chairman of the Disciplinary Committee. The Committee may complete the investigation itself or appoint one of its members to do so.

3- The Committee may decide to temporarily suspend an official notary from practice as a precautionary measure for a period not exceeding three months, which may be extended once if the interests of the investigation so require.

Article (52)

Investigation Procedures

The investigation shall be conducted in the presence of the official notary. If necessary, it may be conducted in his absence after notifying him. The investigator may review documents and hear witnesses after they have taken an oath.

Article (53)

Decisions of the Disciplinary Committee and Appeals Against Them

The sessions and deliberations of the Disciplinary Committee shall be confidential. Its decisions shall be reasoned and adopted by a majority of votes. The official notary shall be notified of the decision within fifteen days from the date of its issuance.

The official notary may appeal the decision before the Administrative Chamber of the Court of Cassation within sixty days from the date he becomes aware of it.

Article (54)

Temporary Suspension of the License

The license of the official notary shall be temporarily suspended from the register in either of the following cases:

1. Suspension of the license issued for the establishment of the professional company, for the entire duration of such suspension.

2. Issuance of a decision by the Disciplinary Committee to suspend him from practice.

Suspension entails the official notary refraining from practicing his profession for its duration, while his obligations toward the Administration and concerned parties remain in effect.

Article (55)

Termination of the License by Operation of Law

The license of the official notary shall terminate in any of the following cases:

1. Death.

2. Issuance of a final judgment convicting him of a felony, or a crime involving moral turpitude or breach of trust, or one of the crimes against the Amir’s person, terrorism, or state security, subject to referring the matter to the Licensing Committee to confirm the occurrence of the ground for termination.

3. Upon his written request.

4. Failure to renew the license after ninety days from its expiration without a valid excuse accepted by the Licensing Committee.

5. Dissolution, liquidation, or expiration of the professional company for any reason.

The Administration shall be responsible for certifying the termination of the license in the aforementioned cases.

Article (56)

Handover of Seals, Records, and Files

The official notary or his heirs, as applicable, shall be obliged, upon the termination of the license or the removal of his name from the register, to hand over the seals, records, files, and any instruments or documents related to notarization activities to the Administration within the specified timeframe and according to the procedures determined by it.

Article (57)

Supervision and Inspection

The Administration shall exercise administrative and technical supervision over the activities of the official notary. It shall conduct necessary inspections and submit reports on the inspection results to the Assistant Undersecretary for Judicial and Legal Affairs.

Chapter Seven: Final Provisions

Article (58)

Seals and Executory Formula

The Administration shall provide its own seal, the notary’s seal which must bear a unique identifying number, as well as the seals for the executory formula, in accordance with the conditions and arrangements stipulated in the Law and this Regulation.

The executory formula shall be worded as follows:

"The authority responsible for execution shall proceed therewith upon request, and any authority shall enforce it, even by compulsory force, upon request in accordance with the Law."

Article (59)

Determination of Fees

The fees for all notarization, certification, and date-verification services shall be determined according to Schedule No. (3) attached to this Regulation.

Article (60)

Multiple Subjects and Calculation of Fees

For instruments and documents that are notarized, certified, or have their date verified, and which contain related subjects, the treatment requiring the highest fee shall apply, and only this fee shall be collected.

Schedule No. (1)

Notarization and Certification Activities Conducted Through the Temporary Electronic System

(Article 19 of the Regulation)

First: Litigation

1. Special Power of Attorney – Filing lawsuits, except for settlement, acknowledgment, release, assignment, partition, and filing complaints.

2. Special Power of Attorney – Filing personal status lawsuits, except for settlement, acknowledgment, release, assignment, partition, and filing complaints.

3- Special Power of Attorney – Filing low-value and rental lawsuits, except for settlement, acknowledgment, discharge, assignment, and partition, and filing complaints.

4- Special Power of Attorney – Filing criminal lawsuits.

5- Special Power of Attorney – Appealing lawsuits.

Secondly: Processing Transactions

1- Special Power of Attorney – Processing general transactions – Government and non-government entities.

2- Special Power of Attorney – Processing general transactions – Government entities.

3- Special Power of Attorney – Processing general transactions for minors – Government and non-government entities.

4- Special Power of Attorney – Processing transactions – Specific government entities.

5- Special Power of Attorney – Telephone, electricity, and water transactions.

6- Special Power of Attorney – Passport renewal.

7- Special Power of Attorney – Adding children to the passport.

8- Special Power of Attorney – Subsidized building materials.

9- Special Power of Attorney – Subsidized food items.

10- Special Power of Attorney – University registration.

Thirdly: Vehicles, Bicycles, and Ships

1- Special Power of Attorney – Driving a car.

2- Special Power of Attorney – Driving a car and traveling.

3- Special Power of Attorney – Driving a car and towing it.

4- Special Power of Attorney – Collecting and receiving car insurance compensation.

5- Special Power of Attorney – Riding a bicycle.

6- Special Power of Attorney – Riding a bicycle and traveling.

7- Special Power of Attorney – Riding a bicycle and towing it.

8- Special Power of Attorney – Collecting and receiving bicycle insurance compensation.

9- Special Power of Attorney – Managing a ship.

Fourthly: Real Estate

1- Special Power of Attorney – Managing real estate.

2- Special Power of Attorney – Benefiting from real estate.

Fifthly: Animals

1- Special Power of Attorney for animals – Camels/sheep.

2- Special Power of Attorney for animals – Horses.

3- Special Power of Attorney for animals – Birds.

Table No. (2)

Notary Fees

(Article 47 of the Regulation)

1- Notarization of Contracts:

Companies: 100 KWD.

Individuals: 50 KWD.

2- Notarization of General and Special Powers of Attorney for five persons for a single transaction: 25 KWD.

3- Authentication of customary documents: 20 KWD.

4- Date certification: 20 KWD.

5- Off-site service: 50 KWD.

Note: The fees stipulated in Table No. (3) shall be deducted from the notary fees and must be remitted to the Administration in accordance with Item (5) of Article (44) of the Regulation.

Table No. (3)

Notarization, Authentication, and Date Certification Service Fees

(Article 59 of the Regulation)

1- Notarization of company contracts (Establishment): 50 KWD for the first page, and 2 KWD for each subsequent page.

2- Notarization of company contracts (Amendment): 5 KWD for the first page, and 2 KWD for each subsequent page.

3- Notarization of contracts and acknowledgments: 10 KWD for the first page, and 2 KWD for each subsequent page.

4- Notarization of General and Special Powers of Attorney: 10 KWD.

5- Authentication of customary documents: 10 KWD.

6- Date certification: 10 KWD.

7- Executive formula: 15 KWD.

8- Acknowledgment (Cancellation – Recusal): 10 KWD.

9- Certified true copy: 10 KWD for the first page, and 2 KWD for each subsequent page.

10- Certificate: 10 KWD.

11- Authentication of matters not stated in other documents: 5 KWD.

12- Off-site service at the Administration in case of valid excuse according to the specified controls: 10 KWD plus the fee prescribed for the service.

13- Special off-site service in cases not covered in the previous item: 50 KWD plus the fee prescribed for the service.

14- Use of electronic translated forms prepared by the Administration: 5 KWD per document.

15- Notarization of non-Muslim marriage contracts: 10 KWD.

16- Notarization of non-Muslim ratification contracts: 10 KWD.

17- Inventory of non-Muslim inheritance: 10 KWD.

18- Non-Muslim divorce: 10 KWD.

19- Non-Muslim Sharia partition: 10 KWD.

20- Non-Muslim will: 10 KWD.

Note: The same fees shall be collected for transactions conducted using electronic means or the temporary electronic system, in accordance with Article (23) of the Regulation.