Kuwait has taken a significant leap toward modernizing its notarization system with the issuance of Decree Law No. 147 of 2025, which amends provisions of Law No. 10 of 2020 on notarization. The new law unveils structural reforms that impact how a power of attorney (POA) is granted, renewed, and authenticated in Kuwait. This legislative update doesn’t just strengthen but also shifts the country to align with global best practices in documentation and E-governance. The reform aims to reduce miss use of indefinite authorizations while ensuring periodic verification of representation rights and accelerating Kuwait’s transition toward digital legal services.

The Key Changes Include

  • A five-year limit on the validity of all new Powers of Attorney.
  • The automatic expiration of pre-existing POAs within two years.
  • The formal recognition of electronic signatures as legally binding and enforceable.

The Decree applies to the following

  • All new Power of attorneys
  • Existing notarized powers executed before the decree’s issuance, which remain valid for only two years from the date the law takes effect.
  • Electronic notarization systems approved by the Ministry of Justice and related government entities.

After the expiry of the transitional two-year period, any old power of attorney not renewed in accordance with the new law will automatically lose validity.

Key Legal additions under Article 2 of the Decree

Article 2 of Decree Law No 147 of 2025 adds two new articles to Law 10 of 2020 which are Article 5 bis and Article 9 bis which represent the foundation of the reform.

Article 5 bis states that “Except for commercial agencies and any agencies exempted by decision of the Minister of Justice, a power of attorney shall be valid for five (5) years unless a shorter term is agreed or the agency terminates for another reason. The notarization shall specify the expiry date. The expiration of the notarization period shall not affect the validity of the agency between the parties”. This addition is designated to prevent endless delegation of authority and ensure that representation rights are periodically renewed reducing outdated authorizations.

While Article 9 states that “The concerned parties or their representatives may appear before the notary in person, through the accredited electronic system, or by visual connection using modern or electronic means. The implementing regulation shall prescribe the procedures for each case, determine when personal attendance is required or remote appearance permitted, and regulate the manner of recording and evidencing such notarizations in the official registers and all other related provisions”. This addition established legal infrastructure for full digital notarization, in line with Kuwait’s shift toward online government services and paperless documentation.

Why legal practitioners should take note

  • The reform closes loopholes created by issuing lifetime power of attorney.
  • Clients can now sign and validate documents remotely through secure electronic systems.
  • Lawyers and companies must review and renew all existing power of attorney before the two-year deadline.
  • Firms that adapt early can guide clients through renewals, reducing risk exposure and maintaining validity of representation.

Conclusion

The introduction of Decree law No.147 of 2025 marks a pivotal moment in Kuwait’s notarization framework. By limiting the duration of Powers of Attorney, mandating renewal and embracing electronic and remote notarization, the law stabilizes legal certainty with technological progress. These amendments especially the additions to article 2 promote accountability and prevent misuse of indefinite authorizations and modernize how legal documents are executed and authenticated. Critically, these reforms are set to significantly streamline national projects across Kuwait by fostering greater efficiency and transparency in legal processes. This digital transformation directly supports the ambitious objectives of Kuwait Vision 2035, positioning the country as a leader in digital legal services and contributing to sustainable economic development. For practitioners the reform presents an opportunity to lead clients into an era of digital security and transparent documentation aligning with the nation’s strategic future.

 

Authors: Asad Ahmad, Legal director and Ahmed Al Buaijan, Trainee Lawyer