Notarised Acknowledgments in Saudi Arabia: When You Need One and How to Get It Notarised
An acknowledgment is a person's admission of another's right against them; notarising it gives it strong evidential force. We explain when you need one, the main types and how to notarise it.
You need a notarised acknowledgment whenever you want to record a fact or obligation formally, in a way that is hard to deny later, such as acknowledging a debt, the receipt of a sum or the waiver of a right. It is notarised by a licensed notary authorised by the Ministry of Justice or through the approved justice channels, recorded in the official systems, and carries far greater evidential force than an ordinary paper signed between the parties.
What is an acknowledgment?
In legal terms, an acknowledgment is a person's admission of a right or fact in favour of another and against themselves. It is one of the strongest forms of evidence because it is made by a person against their own interest. As a general rule, for it to be valid the person making it must have legal capacity, it must be made freely and voluntarily without coercion, and its subject must be specified or capable of being specified. An acknowledgment differs from a contract in that it is usually made by one party, stating an existing right, whereas a contract creates reciprocal obligations between two or more parties. However, a written acknowledgment between the parties may be challenged as to the signature or the circumstances in which it was made, and this is where the value of formal notarization lies: the notary verifies the identity and intention of the person making it.
When do you need a notarised acknowledgment?
- Acknowledgment of debt: when one person lends money to another and wants to record the debt, its amount and the repayment date.
- Acknowledgment of receipt of a sum or document: to prove that the other party received what was due, such as a payment towards a price or original documents.
- Acknowledgment of waiver: of a right, claim or share, provided the waiver is legally permissible.
- Acknowledgment of settlement (release): to prove that both parties have fulfilled their obligations and no claims remain.
- Acknowledgment of no objection: for certain transactions that require a particular party's consent.
- Acknowledgments by partners and entities: such as confirming the accuracy of information or obligations towards the company.
What is the difference between a notarised and an ordinary acknowledgment?
| Ordinary acknowledgment | Notarised acknowledgment |
|---|---|
| A paper signed by both parties or by the acknowledging party alone | Drawn up before a licensed notarization provider |
| Easier to challenge as to the signature | The notary verifies identity and intention |
| Often needs further proof in a dispute | Carries the evidential weight of official instruments |
| Not recorded in an official system | Recorded electronically and verifiable |
This is why it is preferable to notarise an acknowledgment whenever the value of the right is significant or the relationship with the other party is uncertain. A loan between relatives or friends, for example, usually starts with complete trust and no documents at all, then turns into a dispute that is hard to prove if a disagreement arises. A single notarised acknowledgment at the time the money is handed over can protect the right and protect the relationship itself from later misunderstandings.
How is an acknowledgment notarised?
- Determine the type of acknowledgment and draft it: identify the person making it and the beneficiary, the content of the acknowledgment, and the amounts or rights precisely.
- Prepare the documents: the valid ID of the person making the acknowledgment, the beneficiary's details and any related documents.
- Attend a licensed notary, or use the online service if available for that type of acknowledgment.
- Verification and reading: the notary confirms the identity, consent and understanding of the person making the acknowledgment.
- Notarization and issue: the acknowledgment is recorded and issued with a number that can be looked up.
Some types of acknowledgment are available through the Ministry of Justice's online services, while others are notarised in person. Fees are set by the competent authority and may change.
Tips for drafting an acknowledgment that protects your rights
- Write amounts in both figures and words to avoid ambiguity.
- For an acknowledgment of debt, specify the due date and method of payment.
- Avoid general phrases such as "all rights" without specifying them, unless that is intended and understood.
- Make sure the person making the acknowledgment has the capacity to do so and the authority to deal with its subject.
- Keep an electronic copy and the acknowledgment number, and give the other party a copy where appropriate so they are aware of its content from the outset.
- If the acknowledgment is made by an entity, make sure the signatory has authority to represent it for this type of acknowledgment.
If the acknowledgment is part of a wider arrangement, such as a sale or partnership, a written contract may be more suitable, and you can use our contracts for individuals service.
Frequently Asked Questions
Q: Can an acknowledgment be withdrawn after it has been notarised? A: As a rule, an acknowledgment binds the person who made it, and withdrawing it is only accepted in limited cases, such as proof of coercion or mistake, which are for the judicial authority to assess.
Q: Does the beneficiary need to attend? A: Usually not, because the acknowledgment is made by one party, but the beneficiary's details are required accurately.
Q: Is a notarised acknowledgment enough to recover a debt? A: It greatly strengthens your position on proof and may make claim procedures easier, but the method of recovery depends on the applicable legal procedures.
How can we help?
FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah, licensed by the Ministry of Justice for legal practice and notarization, drafts and notarises acknowledgments through our powers of attorney and acknowledgments service, serving clients across all regions of the Kingdom. Contact us on +966 56 685 9556 or book a consultation.
Legal sources
This article is for general awareness and is not legal advice.
