How to notarize a Power of Attorney in Dubai
A Power of Attorney (or POA) is a document that allows an individual (usually referred to as the principal) to give another individual or organisation (the agent) the legal privileges to act on his/her behalf. A POA can also be issued by a company to an individual.
The type of acts that can be carried out by the agent can be many and broad or singular and specific. They can also be time-limited, or time unlimited. A simple example would be a father giving his son the right to buy or sell a property on his behalf while the father is out of the country. An example of a corporate POA would be a company in the UAE issuing a POA to the general manager to convey powers to set up a business and to then run the business day to day, with specific powers in banking, staffing matters and detailed power to cover relevant government departments and licencing authorities in the UAE.
Power of Attorney documents are very important and therefore notarisation of such documents is necessary. The process to notarize a Power of Attorney is relatively straightforward but requires good administrative preparation.
Types of Power of Attorneys in Dubai
There are three categories of POA in Dubai:
- The General POA: This permits the agent with the right to act on behalf of the principal when it comes to a broad range of activities, with little or no limitations on scope.
- The Special POA: This limits an agent to act only within a limited domain. Although a General POA can be seen as an amalgamation of many Special POAs, if you want to involve your agent in real estate affairs, a General POA will not suffice in the UAE and you will need to apply for a Special property POA instead.
- The Lasting POA This allows individuals facing health issues (or are ageing) to select an agent who can act on their behalf should they lose the ability to make sound decisions in the future.
A POA should clearly identify an agent’s powers and responsibilities. These parameters are manifestly outlined once the POA is being drafted.
Step One: Drafting the Power of Attorney
It is recommended to get professional advice both to decide which type of POA is most appropriate to your circumstances and to draft and prepare the documentation. In case you are uncertain which POA is appropriate, a good law firm or PRO services company in the UAE can guide you in selecting the POA that will be the best fit for your situation. Some companies have ready-made templates for specific types of POA, and the process can be relatively quick. Some companies can also act as your agent as well.
Step Two: Notarisation
After the POA has been drafted and prepared, together with the relevant side documents and IDs, the principle will then approach a recognised UAE Notary Public. The Notary is a type of legal officer specialising in witnessing and validating this type of document. The Notary will attest (or validate) the POA document and witness its signing. Normally both the principal and agent need to be present for the signing of this contract. The notary will then stamp and sign the document signifying its successful notarization. The POA is then ready to be used.
In the UAE the Notarised POA is then registered in the UAE Notary system with a specific reference number and can be recalled if required.
Documents required for Power of Attorney notarization in Dubai and things to be aware of
The main types of documents required for POA notarization in Dubai include (but are not limited to):
- The Principal and Agent’s original Passports are required, high resolution colour copies of each.
- The original POA that requires notarisation, translated into Arabic, with an approved legal translation and Ministry of Justice stamp is required. Three copies are needed for notarisation.
- The Principal’s and Agent’s original Emirates ID cards and Resident Visa (this document is only required for residents of UAE) - high resolution colour copies of each.
- The UAE is an Arab territory and it is therefore required that all POAs either be drafted in Arabic or translated into Arabic but a UAE authorised legal translator and stamped by the UAE Ministry of Justice before notarisation.
The above documents are the minimum requirement for a POA. Depending on the situation, you may be required to provide additional documents such as ownership documents in the case of real estate affairs, company documents in the case of corporate POAs, or additional higher POAs in the case of subdelegation (passing on) of powers.
Do you need assistance with Power of Attorney notarization in Dubai?
If you need assistance with regard to deciding what Power of Attorney to use, the drafting and preparation of the POA itself and the execution of the Notary signing, physically or remote Webex notarisation in Dubai or Abu Dhabi then please do get in touch with us on +971 (0)4 456 1761 for Dubai or +971 (0)2 448 5120 for Abu Dhabi, email us at email@example.com or complete the contact form below and we will be delighted to assist you.