Notary Public Requirements In The Kingdom Of Bahrain

Introduction

Attendance at the Notary Public's office is an integral part of any property transaction in the Kingdom of Bahrain as in order to actually execute the sale / purchase, the parties or their legal representatives are required to sign the prescribed form of transfer (Transfer) before the Notary Public (NP). Only then are the parties able to effect the registration process at the Survey and Land Registration Bureau in order to note the change in ownership in the title deed.

This step is often overshadowed by lengthy negotiations, detailed drafting of the contract, and the rush to satisfy any pre-completion conditions. However, ensuring that all the NP's requirements have been satisfied ahead of the proposed signing date requires careful planning and coordination given the complexities and nuances involved. Neglecting to do so may cause even the most straightforward of transactions to be delayed, result in an increase in costs, or at worst, potentially mean that the transaction is unable to complete. This article sets out the most common requirements and main considerations that we have come across during our extensive experience in Bahrain. It is important to note that the requirements of the NP may vary on a case by case basis, and as such, confirming these details with your legal representative / NP office is crucial.

This article sets out the main requirements of the Notary Public in Bahrain in relation to a typical commercial real estate sale and acquisition transaction and highlights some of the main issues which may need to be considered and / or avoided.

  1. Timing it right

    Depending on the nature of the transaction, obtaining and satisfying the relevant requirements may take 3-5 weeks. As such, we would recommend setting out a plan of anticipated milestone dates in which to achieve the various stages of the transaction. By doing so, the parties are able to assess when to begin compiling and fulfilling these requirements.

    We have found, from our experience that there are 3 main circumstances which may require a visit to the NP's office.

    At the start

    For example, if the parties intend on appointing legal representatives to sign the Transfer (and other documents) by way of a power of attorney (POA), the parties will need to submit the corporate documents of the relevant entity (Corporate Documents) issuing the POA as indentified below as part of executing the POA at the NP. Pre-exchange

    We would also advise clients to go through...

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