Kuwait Updates Its Notarisation Framework: What Businesses Need to Know About Expiry Rules and Digital Notarisation
Kuwait has amended its notarisation law through Decree No. 147 of 2025, introducing fixed validity periods for powers of attorney (POAs) and formally recognising digital notarisation. While the law came into force on 2 November 2025, its practical implications are now being felt as organisations review existing POAs and prepare for renewals.
These changes affect any entity using locally notarised POAs in Kuwait, including corporates, financial institutions, and multinational groups with regional operations.
What Has Changed?
Fixed validity periods for POAs
Under the amended law, new POAs issued by a Kuwait Notary Public will, by default, be valid for five years, unless:
- A shorter term is agreed by the parties, or
- The POA is terminated earlier.
For existing POAs:
- POAs without a defined validity period will remain valid for two years from 2 November 2025, or unless terminated earlier.
- POAs with a stated validity period will remain valid until expiry, for up to five years from 2 November 2025, or until they are terminated, whichever occurs first.
These rules do not apply to:
- Commercial agency arrangements, and
- POAs exempted by a decision of the Minister of Justice.
Digital Notarisation
The law now permits notarisation through electronic means, without physical appearance before the Notary Public, subject to executive regulations. These regulations are expected to set out the applicable procedures, technological requirements, and safeguards. Until then, most notarisation processes remain in person.
Why This Matters Now
Although the law took effect in November 2025, the two-year transitional period for existing POAs without defined validity is already running. Organisations that do not review their POAs risk relying on authorities that may lapse unexpectedly, potentially affecting transactions, regulatory filings, or banking arrangements.
Key priorities for businesses include:
- identifying existing POAs and their applicable validity periods
- prioritising renewals for POAs supporting critical operations
- planning for the introduction of digital notarisation once regulations are issued.
Practical Implications for Clients
- Administrative oversight: POAs will require active tracking and renewal.
- Certainty of authority: Counterparties and authorities may increasingly insist on current POAs.
- Operational planning: The shift to digital notarisation will require procedural and internal policy updates.
How ASAR can support you
ASAR is assisting clients with:
- reviewing existing POAs and assessing ongoing validity
- advising on renewal strategies and appropriate validity periods
- preparing and notarising updated POAs
- advising on the implementation of digital notarisation as regulations are issued
If you would like tailored advice or a POA review specific to your business, contact us at asar@asarlegal.com
*Legal Reference: Decree No. 147 of 2025 amending Law No. 10 of 2020 on Authentication
