Licensed Notary in Saudi Arabia: What Services Do They Offer and When Do You Need One?

A licensed notary is a qualified person licensed by the Ministry of Justice to provide specific notarization services outside the government notary public offices (Kitabat Al-Adl), such as issuing and revoking powers of attorney, notarising acknowledgments, and notarising company articles of association and their amendments. The documents they notarise are recorded in the justice system's electronic records, giving them the recognised evidential weight of notarised instruments.

Why did the Ministry of Justice introduce licensed notaries?

Licensing notaries is part of the Ministry of Justice's drive to make justice services easier to access and to broaden the channels through which they are delivered, so that notarization is not limited to government premises. Individuals and businesses can now obtain notarization services through licensed private offices, with greater flexibility in appointment times and locations, while oversight and supervision remain with the Ministry.

What services does a licensed notary provide?

Powers vary according to what the Ministry of Justice determines and what the licence covers. The most common services include:

• Issuing powers of attorney of all types for individuals and entities.
• Revoking and terminating powers of attorney.
• Notarising acknowledgments of various kinds, such as acknowledging a debt, receipt of a sum or a waiver.
• Notarising company articles of association, partners' resolutions and contract amendments.
• Other notarization services that the Ministry may add or amend from time to time.

Because the list of services may be updated, it is useful to ask the notary in advance whether your transaction falls within their powers.

Business owners in particular benefit from these services. A company that needs to authorise its manager or employees to deal with authorities, or to notarise a partners' resolution admitting a new partner or recording another's exit, can do so with a licensed notary who verifies capacities and authority and guides the parties on the documents required. Individuals, meanwhile, often turn to a notary for detailed powers of attorney and financial acknowledgments where they are worried about getting the wording wrong.

What is the difference between a licensed notary and Najiz?

Najiz is a self-service online channel, suited to simple, straightforward transactions that people can complete themselves. A licensed notary adds an important element: professional verification and guidance. A notary is the better option in cases such as:

1. Transactions that are not directly available to the user online.
2. Acting on behalf of an entity, or as a guardian or custodian.
3. Notarising company contracts and amendments that require verification of the parties' capacities and authority.
4. Elderly people or those who find online platforms difficult to use.
5. When an acknowledgment must be drafted in precise wording that protects your rights.

Do documents notarised by a licensed notary carry the same weight?

Yes. Documents issued by a licensed notary within the limits of their powers are recorded in the Ministry of Justice's electronic systems, can be verified through official channels and are treated as notarised instruments. The difference lies in who provides the service, not in its legal value. Licensed notaries are subject to the Ministry's oversight and professional rules, and are responsible for verifying the identity, capacity and consent of the parties before notarising, which gives those dealing with them additional reassurance.

How can you make sure a notary is actually licensed?

• Ask for the licence number issued by the Ministry of Justice.
• Verify it through the Ministry's official channels.
• Make sure the document is issued with a number that can be looked up online.
• Be wary of anyone offering "notarization" that does not produce a verifiable document.

Service fees are subject to the applicable regulations and may change, so ask about them clearly before starting the transaction. Once notarization is complete, look up the document yourself using its number to confirm that it appears in the official systems with the correct details, and keep the electronic copy somewhere safe and easy to access. If you notice any error in names, ID numbers or clauses, ask for it to be corrected immediately before using the document with any authority, because small errors can lead to the transaction being rejected later.

What documents do you usually need to bring?

• A valid national ID or residence permit (iqama) for all parties.
• Documents proving capacity when acting for others, such as the commercial registration (CR), articles of association or guardianship deed.
• Full details of the agent or the other party.
• Any documents relating to the subject of the transaction, such as a property title deed or a partners' resolution.

Frequently Asked Questions

Q: Can the notary come to the company's premises? A: That depends on what the notary offers and what the regulations allow; it is one of the services some licensed notary offices provide.

Q: Do both parties need to attend together? A: It depends on the type of transaction. For some, the attendance of the person making the acknowledgment or the principal is enough; others require all parties, or their legal representatives, to attend.

Q: Can I notarise a company contract with a notary in another city? A: Usually yes, because notarization is carried out electronically in the justice system, subject to attendance and verification requirements.

FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah is licensed by the Ministry of Justice for legal practice and notarization, and provides document notarization, company contract notarization and powers of attorney for clients across all regions of the Kingdom. Book your appointment or contact us on +966 56 685 9556.

Legal sources

This article is for general awareness and is not legal advice.