The Notary Public and Contract Notarization in Saudi Arabia: Who Notarizes, What Can Be Notarized Electronically via Najiz, and What Force Does a Notarized Instrument Have?

What is notarization and who carries it out in Saudi Arabia?

Notarization is the recording of contracts, acknowledgments, transactions and other matters in an official instrument, after verifying the identity, capacity and consent of the parties, by a body legally authorized to do so. It is governed by the Notarization Law issued by Royal Decree No. M/164 dated 19/11/1441H, which consists of fifty-seven articles.

Notarization in the Kingdom is carried out today by three main channels:

• Notary public offices: government bodies under the Ministry of Justice, staffed by notaries public serving as public officials.
• Licensed notaries: individuals licensed by the Ministry of Justice to practice notarization under the conditions of the law, working within the scope of their license.
• Electronic services on Najiz: including power of attorney and acknowledgment services, with the virtual notary public office to complete certain cases.

The law also regulates the category of marriage contract officiants within their competence. The upshot is that the person seeking notarization chooses the channel suited to the type of document and the circumstances of its parties.

What is the difference between a notary public and a licensed notary?

A notary public is a government official at the notary public office, while a licensed notary is a person licensed by the Ministry of Justice who practices notarization outside the government apparatus; both work under the Notarization Law and its regulations. The law requires each of them to hold specific qualifications and meet requirements set by the Ministry.

The practical difference lies in the scope of work and how it is accessed: the competences of notary public offices are defined by the law and its regulations, whereas a licensed notary works within the limits of his license. Therefore, before relying on a private notary, verify that his license is valid and that the required work falls within its scope. In all cases, the document is issued with a verifiable number, which gives it its value before authorities and courts.

When choosing between channels to notarize a contract or acknowledgment, several considerations apply: whether the service is available electronically to all parties, whether any party holds an ID not supported by the electronic service, whether the document requires attendance or original documents, and whether timing is important to the transaction. The electronic channel generally suits powers of attorney and simple acknowledgments, while a licensed notary or a notary public office may suit cases that require additional verification of the parties or documents.

What Can Be Notarized Electronically Through Najiz?

Najiz offers a range of electronic notarization services, most notably powers of attorney and acknowledgments. Services listed on the Ministry of Justice pages include:

• “Power of Attorney Registration Request”: to issue an electronic power of attorney specifying the parties, clauses and duration.
• “Power of Attorney Verification”: to confirm the status, clauses and parties of a power of attorney.
• “Power of Attorney Revocation”: to revoke a power of attorney electronically by the principal or the agent.
• Acknowledgment services within the powers of attorney and acknowledgments package.
• Estate-related services, such as issuing a certificate of heirs and an agreed division of the estate.

Real estate transactions may be completed electronically in the cases the platform allows, taking into account the requirements of the Real Estate Registration Law in the areas it covers. Company incorporation and amendments to articles of association are generally handled through the Ministry of Commerce’s electronic services, following the procedures the Ministry sets for each type of company. The list of services changes with continuous updates, so the reference is what the platform displays at the time of the request.

How to Notarize a Contract or Acknowledgment: Practical Steps

Notarizing a contract generally goes through five stages, the most important of which come before the request, not after it:

• Prepare a clear draft of the contract or acknowledgment, specifying the parties, subject matter, amounts, deadlines and each party’s obligations.
• Gather the parties’ IDs, the documents related to the subject of the transaction such as the property deed or commercial registration, and proof of the capacity of anyone signing on behalf of an entity.
• Choose the appropriate channel: an electronic service on Najiz, a licensed notary, or the notary public office, depending on the type of document.
• Submit the request and review the text before approval, followed by the parties’ consent through the available mechanism.
• Receive the notarized instrument with its number, review its details as soon as it is issued, and keep a copy.

A common mistake is to treat notarization as a formality after which everything can be corrected. In fact, notarization records what the parties agreed exactly as it is, including any ambiguity or gaps; the wording should therefore be reviewed before notarization, and the pre-signing contract review checklist helps with this.

Electronic Power of Attorney: What You Need to Know

The power of attorney is the most frequently notarized document, and today it is issued electronically through Najiz in most cases after logging in with Nafath, although some may need to be completed through the virtual notary public office depending on the type of ID or the circumstances of the parties. The practical rule: choose the narrowest powers that achieve the purpose, set a suitable duration, and read the text of each clause before selecting it, especially clauses with financial effect such as receipt, release, sale and conveyance.

It is also useful to know that issuing a power of attorney may not be possible in certain cases; among the measures set out in Article 46 of the current Enforcement Law when a debtor is deemed a defaulter is suspending the issuance of powers of attorney from them concerning funds and what derives from them. Detailed steps are in the guide to electronic power of attorney via Najiz.

What Is the Legal Force of a Notarized Instrument?

Under the Notarization Law, a notarized instrument has evidentiary force and is considered an enforceable instrument; Article 41 of that Law provides that documents issued in accordance with its provisions have evidentiary force and are considered enforceable instruments. This is consistent with the Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433H, which in Article 9 lists notarized contracts and instruments among enforceable instruments, and requires for compulsory enforcement that the right be of a specified amount and due for payment.

In practice, this means a notarized contract containing a specified, due financial obligation can be submitted directly to the Enforcement Court in the event of non-payment, without the need for a prior substantive lawsuit; read about the Enforcement Court and enforcement requests. The new Enforcement Law, issued by Royal Decree No. (M/237) dated 3/11/1447H, includes in Article 7 contracts and acknowledgments notarized under the Notarization Law among enforceable instruments, but it had not entered into force at the time of writing, so the current Law applies until the new one takes effect.

As for evidence, an official instrument is strong proof that, as a rule, can only be challenged by a forgery claim under the provisions of the Law of Evidence.

When Is Notarization Alone Not Enough?

Notarization strengthens a contract, but it does not replace the soundness of its content or the procedures required by other laws. Cases to watch for include:

• Obligations of unspecified amount or subject to a condition, which may require a lawsuit to establish entitlement before enforcement.
• Ambiguous or conflicting clauses, as notarization records them as they are and does not interpret them.
• Transactions requiring registration with another authority, such as real estate registration or commercial register entries.
• Expired or revoked powers of attorney; it is advisable to verify the status of a power of attorney before any dealing based on it.

The right question before notarization is therefore: will this text achieve its purpose if a dispute arises? Not merely: have the notarization procedures been completed? A notarized instrument shortens the path in a dispute, but only if its content is clear and complete from the outset.

Checklist Before Notarizing a Contract

• Do the parties’ names and ID or registration numbers match the official documents?
• Is the capacity of anyone signing on behalf of an entity or another person established by a valid document?
• Are the amounts and deadlines clearly specified, and is the financial obligation due now or deferred to a known date?
• Is the fate of the contract upon breach or termination specified?
• Is the chosen channel (Najiz, a licensed notary, or the notary public office) competent for this type of document?
• Did you review the final text before approval and keep the instrument number after issuance?

You can request a consultation to review the wording of a contract or power of attorney before notarization through the Notarization and Powers of Attorney service.

Frequently asked questions

What Is the Difference Between a Notary Public and a Licensed Notary?

A notary public is a government employee at the notary public office of the Ministry of Justice, while a licensed notary is a person licensed by the Ministry to perform notarization within the limits of their license. Both operate under the Notarization Law, and documents they issue carry a verifiable number.

Can a Contract Be Notarized Electronically Without Attending in Person?

Many notarization services, most notably powers of attorney and acknowledgments, are available electronically through Najiz after logging in with Nafath. In some cases, the procedure may need to be completed through the virtual notary public office or with a licensed notary, depending on the type of document and the circumstances of the parties.

Is a Notarized Contract an Enforceable Instrument?

Yes. The Notarization Law gives documents issued under it evidentiary force and considers them enforceable instruments, and the current Enforcement Law lists notarized contracts and instruments among enforceable instruments. Compulsory enforcement requires that the right be of a specified amount and due for payment.

How Do I Verify a Power of Attorney Presented to Me?

Through the Ministry of Justice “Power of Attorney Verification” service, by entering the power of attorney number, the ID number of one of its parties and the verification code, to view its status, clauses and parties before completing any transaction.

Does Notarizing a Contract Replace Reviewing Its Wording?

No. Notarization records what the parties agreed exactly as it is, including any ambiguity or gaps, and does not correct the clauses. The wording should therefore be reviewed before notarization, not after.

How Long Is an Electronic Power of Attorney Valid?

The principal sets it at issuance within the options available in the service, and it is advisable to choose a duration that suits the purpose rather than an open-ended one. The power of attorney can be revoked electronically at any time once its purpose has been fulfilled.