Kuwait modernizes notarization with remote and digital powers of attorney
. . . sets five-year validity for powers of attorney
Kuwait has issued Decree-Law No. 147 of 2025, amending key provisions of Law No. 10 of 2020 concerning notarization, in a move aimed at modernizing documentation procedures and facilitating electronic transactions.
Under the new law, Clause (a) of Article 9 has been replaced to clarify the notary’s responsibilities. Notaries must now verify the identity, legal capacity, and consent of the parties, read the full text of documents and attachments, explain their legal consequences without influencing the parties’ will, and record in the minutes that the process was conducted in the presence of the concerned parties.
Notaries must refuse notarization if the document is invalid or if there is a lack of capacity or consent, providing written reasons and recording them in a special register, reports Al-Rai daily.
The decree also adds two new articles:
Article 5 bis stipulates that notarized powers of attorney — except for commercial powers of attorney or those exempted by the Minister of Justice — are valid for five years, unless a shorter term is agreed upon or the agency expires for another reason. The expiration of notarization does not affect the legal validity of the power of attorney between the parties.
Article 9 bis allows parties or their representatives to appear before the notary in person, through an automated electronic system, or via video conferencing. The executive regulations will define the procedures for each method, including when personal attendance is required and how to record it in the official registers.
The decree also addresses previously issued powers of attorney. Indefinite-term powers of attorney remain valid, and existing notarized powers of attorney continue for two years from the decree’s entry into force or until the original expiry date, whichever comes first.
Powers of attorney with fixed terms remain valid until their original expiry date or up to five years from the decree’s enforcement, whichever comes sooner. Commercial powers of attorney and exempted cases follow their separate regulations.
The explanatory memorandum noted that these amendments align with Kuwait’s broader strategy to develop digital infrastructure and modernize government and private services.
By enabling remote notarization through secure electronic systems, the law reduces the need for personal appearances, saves time and effort, and ensures the legal validity of digital documentation.
The most prominent changes include:
- Eliminating the requirement for personal appearance before the notary for electronic notarizations.
- Limiting the validity of powers of attorney to five years, while preserving legal effects between parties.
- Exempting commercial powers of attorney from the five-year limit due to their specialized nature.
- Allowing notarization via in-person attendance, automated systems, or video conferencing, with executive regulations defining procedures for each.
- Regularizing previously issued powers of attorney under the new framework.
These reforms mark a significant step toward modernizing Kuwait’s notarization system and integrating electronic solutions into legal and administrative processes.
