New Five-Year Validity For Powers Of Attorney In Kuwait, And Other Key Changes

Kuwait has changed the rules governing notarization and powers of attorney through Decree-Law No. 147 of 2025, published in Kuwait Al-Youm on 2 November 2025. This marks the first major reform to Kuwait's notarization framework since 2020, which aligns with the country's wider efforts toward digital transformation, regulatory clarity and improved legal safeguards.

We provide an overview of what the Decree introduces, how it operates in practice and why it matters for individuals, companies and foreign entities working with or within Kuwait.

1. A Shift Toward Digital Notarization

The decree amends Article 9 of the 2020 Notarization Law by easing the strict requirement of physical presence before the notary. Notarization can now be completed:

• Through the automated electronic system;

• Via real-time video communication using modern or electronic means; and
• In person

The executive regulations will clarify when in-person attendance remains necessary and when remote notarization is sufficient.

This development lays the groundwork for a fully digital notarization system particularly useful for foreign parties, entities with overseas stakeholders and individuals who cannot attend in person.

2. Five-Year Validity for Powers of Attorney

The most significant amendment comes through the introduction of Article 5 (bis), which establishes a maximum notarization validity period for powers of attorney.

Five-Year Limit

• All powers of attorney (unless expressly excluded) may be notarized for a period not exceeding five years.

• Parties may agree on a shorter duration.
• The notarized document must expressly state the expiration date.

Important Clarification

The expiration of the notarization does not invalidate the agency relationship between the parties themselves. Contractual authority may continue internally, but third parties, especially governmental bodies, will rely on the notarization's validity period.

Exceptions

The five-year limit does not apply to:

• Commercial agencies (وكالات تجارية)
• Any agency exempted by a decision of the Minister of Justice

This aligns with the separate regulatory framework under Law 13/2016, which is outside the scope of this article.

3. Impact on Existing Powers of Attorney

The decree provides clear transitional rules:

a) Powers of Attorney With No Fixed Duration (Issued before the Decree Law No. 147/2025)

These remain valid for two years from the law's effective date (2 November 2025), or until the POA ends for any reason whichever comes first. This period serves as a grace period for parties to update or reissue their POAs. It does not operate as a renewal.

b) Fixed-Term Powers of Attorney (Issued before the Deree Law No. 147/2025)

These remain valid until the following dates, whichever comes earliest:

• Their original expiry date

• The POA ending for any legal reason

• Reaching the five-year limit introduced by the new decree

4. Why Kuwait Introduced These Changes

The legislative memorandum highlights several goals:

• Advancing the country's digital transformation agenda

• Addressing issues arising from decades-old POAs remaining active

• Protecting principals whose legal capacity may change (death, incapacity, shifting intent)

• Preventing misuse of outdated POAs that were difficult to revoke for practical or personal reasons

• Enhancing legal certainty

• Modernizing notarization procedures

• Reducing risks associated with long-standing, unmonitored POAs

• Ensuring remote notarization meets constitutional and procedural standards

5. Practical Impact for Individuals and Businesses

For Companies

• All corporate POAs executed after 2 November 2025 must include a maximum five-year notarization validity.
• Existing board resolutions and management mandates may require renewal within the two-year transitional period.

For Law Firms & IP Agents

• Many open-ended trade mark and litigation POAs will lapse within two years.
• All new POAs must include a specified expiry date.

For Individuals

• Personal, family and property-related POAs will require periodic renewal to remain recognized by third parties.

For Foreign / International Clients

• Remote notarization options are expected to simplify execution from abroad once the executive regulations come into effect.

6. Key Dates

• Effective date of the law is 2 November 2025

• Validity of old open-ended POAs is two years from the effective date

• Validity of new POAs is up to five years from execution

7. Conclusion

Through the introduction of digital notarization, capped validity periods and transitional mechanisms, Kuwait aims to modernize its notarization framework while strengthening legal certainty.

For companies, practitioners and foreign entities, the key takeaway is to review all existing POAs, identify those affected by the two-year transition, and begin aligning documentation with the new five-year notarization cycle.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.