LEGAL7 min read

Digital Power of Attorney (Wakala) in Saudi Arabia — Najiz vs E-Signature

SahlSign Team|

This is the post that saves you from a costly mistake: a notarised power of attorney (Wakala) in Saudi Arabia is not something you e-sign on a generic platform — it's issued through Najiz, the Ministry of Justice's digital portal. But that does not mean every authorisation needs Najiz. A huge category of commercial delegations — signing authority, board authorisations, internal delegation of authority — are contractual instruments you can and should e-sign. Confusing the two is where organisations either waste time or create an unenforceable document.

Here's the boundary, drawn precisely.

Najiz (MOJ)

the Ministry of Justice digital platform that issues official electronic powers of attorney (الوكالة الإلكترونية), anchored on Nafath/Absher identity. A notarised Wakala is issued here — not on a private signing platform

Ministry of Justice, Najiz

Article 14

the Royal Decree M/18 bar for the commercial delegations you can e-sign — signing-authority letters, board authorisations, internal DoA. Unique linkage, sole control, tamper-evident binding, detectable alteration

Electronic Transactions Law, Royal Decree M/18

Two channels

the rule of thumb: official/notarised Wakala → Najiz; private commercial authorisation → e-signature. Match the instrument to the channel and neither time nor enforceability is lost

MOJ Najiz + Royal Decree M/18

When you must use Najiz (not e-signature)

A Wakala that the law requires to be notarised — or that a third party (a court, a bank, a government body, a notary) will only accept in notarised form — must be issued through the Ministry of Justice's Najiz platform. Najiz produces an official electronic power of attorney, verified against Nafath/Absher national identity, with a reference number any relying party can validate. Typical cases:

Use Najiz for these

  • Powers of attorney for litigation or court representation

    A Wakala authorising a lawyer to represent you in court is issued and authenticated through the MOJ channel.

  • POA for real-estate transactions

    Authorising someone to buy, sell, or register property on your behalf requires the official notarised Wakala.

  • POA a bank or government body requires notarised

    Where the relying institution mandates a notarised power of attorney, Najiz is the route — a privately e-signed delegation won't be accepted.

  • Personal-status and family-law authorisations

    These follow their own statutory formalities through the official channels, not a private signing flow.

When a commercial delegation can be e-signed

Most day-to-day corporate authorisations are not notarised Wakalas — they're private contractual instruments between a company and its officers or counterparties. These clear Royal Decree M/18 Article 14 with an Advanced Electronic Signature and don't need Najiz:

E-sign these

  • Signing-authority letters and authorised-signatory matrices

    Who can sign what, up to which limit, on the company's behalf — internal governance documents.

  • Board and committee authorisations

    Resolutions and authorisations empowering an officer to execute a specific transaction or class of documents.

  • Internal delegation of authority (DoA)

    The DoA framework that delegates approval and signing rights through an organisation's hierarchy.

  • Commercial mandates and engagement authorisations

    Authorising a vendor, agent, or partner to act within a defined commercial scope under a contract.

If a court, notary, bank, or government body must accept it as a notarised Wakala, use Najiz. If it's a private authorisation governed by contract between the parties, e-sign it under M/18.

The boundary in one line

Why the distinction matters

Two failure modes come from getting this wrong. Over-formalising: sending every internal signing-authority letter through Najiz adds friction and identity overhead the document never needed. Under-formalising: e-signing a power of attorney that a bank or court will only accept as a notarised Wakala — producing a document that gets rejected at the worst moment. The fix is simply to match the instrument to the channel: notarised Wakala → Najiz; private commercial delegation → e-signature. For the underlying legal framework on what e-signature can and can't do in the Kingdom: Is Electronic Signature Legal in Saudi Arabia?.

Where identity assurance fits

Both channels lean on Saudi national identity. Najiz authenticates against Nafath/Absher directly. For the highest-assurance commercial authorisations you choose to e-sign — a high-value mandate, say — you can step an Advanced signature up to Nafath-anchored qualified signing via a licensed CSP without leaving the contractual channel. When that step-up is worth it: AES vs QES with Nafath.

Match instrument to channel

In Saudi Arabia, a notarised power of attorney (Wakala) — for litigation, real estate, or where a bank/government body requires notarisation — is issued through Najiz, the Ministry of Justice digital platform anchored on Nafath/Absher. Private commercial authorisations — signing-authority letters, board authorisations, internal delegation of authority, commercial mandates — are contractual instruments you e-sign under Royal Decree M/18 Article 14. Don't route the first through e-signature, or the second through Najiz.

Ministry of Justice (Najiz) + Royal Decree M/18

Frequently asked questions

Can I create a power of attorney electronically in Saudi Arabia?

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It depends on the type. A notarised power of attorney (Wakala) — for litigation, real-estate transactions, or where a bank or government body requires notarisation — must be issued through Najiz, the Ministry of Justice digital platform, which authenticates against Nafath/Absher. Private commercial authorisations such as signing-authority letters, board authorisations, and internal delegation of authority are contractual and can be e-signed under Royal Decree M/18 Article 14.

What is Najiz and when do I use it for a Wakala?

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Najiz is the Ministry of Justice's digital justice platform, which issues official electronic powers of attorney (الوكالة الإلكترونية) verified against national identity. Use Najiz whenever the Wakala must be notarised or a relying party (court, notary, bank, government body) will only accept it in notarised form — for example, litigation representation or real-estate transactions.

Can a company e-sign a delegation of authority in Saudi Arabia?

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Yes. Internal delegation-of-authority frameworks, signing-authority letters, authorised-signatory matrices, and board authorisations are private contractual instruments between a company and its officers. An Advanced Electronic Signature meeting Royal Decree M/18 Article 14 is sufficient and defensible — these do not need to go through Najiz unless a third party specifically requires a notarised Wakala.

Is an e-signed authorisation as strong as a Najiz Wakala?

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They serve different purposes. A Najiz Wakala is an official, notarised instrument that courts, notaries, banks, and government bodies accept as such. An e-signed commercial authorisation is a private contractual instrument, binding between the parties under M/18 and admissible under the 2022 Law of Evidence. For a notarisation-required use, only the Najiz Wakala will be accepted; for a private commercial authorisation, the e-signed instrument is the right and efficient tool.

Related reading

Sources

digital power of attorney Saudi Arabiaelectronic wakalaNajiz power of attorneyWakala Saudi Arabiadelegation of authority KSAMOJ Najizالوكالة الإلكترونيةتوكيل إلكتروني السعوديةKSAGCC

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