Document Certification

Under Article 38 of the Notarization Law, as amended by Royal Decree No. M/21 dated 26/1/1447H, a power of attorney deed is valid for five years from its issue date, unless it is revoked, one of the parties dies or loses capacity before then, or the principal sets a shorter period.

Under Article 12 of the Notarization Law, as amended, a notary public is not competent to notarize any acknowledgment or contract where one of the parties lacks or has limited capacity, is absent, or is a waqf administrator or executor, except in specific cases, including acceptance of a gift, a father’s dispositions of the property of his child who lacks or has limited capacity, and a lease whose term does not require the permission of the competent court. Under Article 11 of the Implementing Regulations, this also applies to a licensed notary within the scope of the notary’s authority.

A licensed notary exercises the powers set out in the Notarization Law in accordance with the applicable laws, regulations, procedural guides and instructions, and, within the scope of those powers and apart from employment provisions, is subject to the rules that apply to a notary public (Article 11 of the Implementing Regulations). The notary must carry out notarization through the electronic systems approved by the Ministry and verify the identity of the parties and the completeness of the requirements for each act (Article 19).

The fee payable to the licensee is as agreed between the licensee and the parties, taking into account the schedule attached to the Implementing Regulations of the Notarization Law (Article 28 of the Regulations). The schedule includes powers of attorney, acknowledgments, mortgages, real estate transfers and contracts.

Under paragraph (2) of Article 40 of the Notarization Law, as amended by Royal Decree No. M/21 dated 26/1/1447H, standard contract forms must take into account the parties’ right to add any condition or agreement that does not contradict statutory provisions.