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Ministerial Decision

Supreme Judicial Council: Decision 196/2022 Specifying the Circumstances and Controls for the Witnessing of Documents

2022/196 196/2022

Arabic

Based on the Law of Public Notaries promulgated by Royal Decree 40/2003,

and Royal Decree 35/2022 regarding the Governance of the Administration of Judicial Affairs,

and in pursuance of public interest,

it is hereby decided

Article I

The circumstances in which the witnessing of documents is required are specified as follows:

– Powers of attorney including the sale, purchase, gift, or assignment of one or more real estate.

– Powers of attorney including the withdrawal or receipt of sums from banks.

– Acknowledgements of all kinds.

– Undertakings of all kinds.

– Contracts transferring ownership (contract of sale, contract of gift) which do not fall within the legal competences of other entities.

Article II

The controls for the witnessing of documents are specified as follows:

– That the witnessing is done by two persons.

– That the person witnessing is rational and adult.

– That the person witnessing understands the content of the document.

Article III

This decision shall be published in the Official Gazette, and comes into force on the day following the date of its publication.

Issued on: 18 Rabi Al-Thani 1444
Corresponding to: 13 November 2022

Mohammed bin Sultan bin Hamoud Al-Busaidi
Deputy Chairman of the Supreme Judicial Council

Published in Official Gazette 1468 issued on 20 November 2022.