Article 35 of the Saudi Notarization Law
المادة 35 من نظام التوثيق · الفصل الثاني: إجراءات التوثيق
The article permits recording notarization data electronically and gives it the status of written documents in accordance with the provisions of the Electronic Transactions Law.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز تدوين بيانات التوثيق إلكترونيًّا، ويكون لها حكم المحررات المكتوبة، وفقًا لأحكام نظام التعاملات الإلكترونية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 35 explained in plain English
This article opens the door to electronic notarization: it permits notarization data to be recorded by electronic means instead of paper.
The article contains two rules:
- Permission: notarization data may be recorded electronically. The wording of permission means electronic recording is an option the Law allows.
- Legal weight: data recorded electronically has the status of written documents, so it is not treated as lesser merely because it is not on paper.
The article ties this to an important condition, that it be in accordance with the provisions of the Electronic Transactions Law. That is, the controls for the validity of electronic data and the conditions for relying on it are drawn from that law, and this article does not detail them.
This article is connected to Article 34, which refers to the Implementing Regulations the notarization procedures at the notary's office and with the licensee, and to Article 36, which requires contracts and acknowledgments to be notarized in Arabic, a general rule from which Article 35 does not exempt electronic recording.
Under the Law's definitions, notarization is the set of procedures that ensure a right is established in a form that can be relied on as evidence, and electronic recording is a means of achieving the same end. Anyone with a question about the validity of a particular electronic document may consult a lawyer who specializes in notarization and contracts.
Practical example
Ahmed notarized an acknowledgment before a licensed notary in Riyadh, and the notarization data was recorded electronically. This data has the status of written documents in accordance with the provisions of the Electronic Transactions Law, and does not lose its value because it was not recorded on paper.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 35 of the Saudi Notarization Law
Does electronic notarization have the same force as paper notarization?
Article 35 provides that notarization data recorded electronically has the status of written documents, in accordance with the provisions of the Electronic Transactions Law.
Must notarization be electronic?
The article does not require this; it provides that notarization data may be recorded electronically.
Which law governs electronic notarization?
The article refers to the provisions of the Electronic Transactions Law in treating electronic data as having the status of written documents.
More articles on Notarization Procedures and Powers of Attorney
- Article 30
The article requires the notary to receive notarization requests and take the necessary steps under the Law and its Regulations, and gives anyone whose request is refused the right to file a grievance with the competent department.
على كاتب العدل تلقي طلبات التوثيق، واتخاذ ما يلزم في شأنها، وفقاً لأحكام النظام ولائحته، ولمن رُفض طلبه حق التظلم لدى الإدارة المختصة.
- Article 34
The article refers to the Implementing Regulations the statement of notarization procedures followed at the notary's office and with the licensee, whether a licensed notary or a marriage officiant.
تبين اللائحة إجراءات التوثيق لدى كتابة العدل، ولدى المرخص له.
- Article 36
The article requires contracts and acknowledgments to be notarized in Arabic.
توثق العقود والإقرارات باللغة العربية.
- Article 37
The article requires the notary and the licensee to accept documents issued outside the Kingdom after verifying that they do not conflict with Sharia or statutory requirements and after the Ministry attests them, and this applies to the original of their Arabic translation.
على كاتب العدل والمرخص له اعتماد الوثائق الصادرة من خارج المملكة بعد التحقق من عدم مخالفتها للمقتضى الشرعي أو النظامي وتصديق الوزارة عليها، ويسري ذلك على أصل تر
- Article 38Amended by M/21
The article sets the term of a power of attorney deed at five years from its date of issue, unless it ends earlier through revocation, death, loss of capacity, or a shorter term set by the principal.
تكون مدة صك الوكالة خمس سنوات من تاريخ صدوره ما لم تُفسخ أو يُتوفى أحد طرفيها أو تُفقد أهليته قبل مضي هذه المدة أو يحدد الموكل مدتها بما يقل عن تلك المدة
- Article 39
The article requires notarization records to be kept at the notary's office and with licensees, and refers to the Regulations the controls for this, the procedures for handing over the records, copies of notarized contracts, and the departments competent to receive them.
تُحفظ أوعية التوثيق في كتابة العدل ولدى المرخص لهم، وتحدد اللائحة ضوابط ذلك، وإجراءات تسليم أوعية التوثيق، ونسخ العقود الموثقة، والإدارات المختصة بتسلمها.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.