Draft and E-notarize Your POA in the UAE

This article provides you five (5) most important tips which you should take into account while going ahead with a POA in Dubai and elsewhere within the UAE.

Avoid Preparing the Power of Attorney Through a Typing Center

It is common knowledge that the typing centers and law firms across the UAE prepare powers of attorney for use in Dubai, Abu Dhabi and across other Emirates.

The typing centers use standard templates that they use for all clients. As these templates have typically fixed language, clients may run the risk of ending-up with documents that do not correctly reflect their requirements. The typing centers typically only enter the passport/Emirates ID details in their templates and provide the print-outs ready for signing. You may face the risk of (i) having more powers included in your POA than desired; (ii) missing the powers that are required to be included; or (iii) having broader powers than required that may be misused by the attorney.

To avoid this situation, it is critical that you have your POA prepared by a law firm. The law firms ensure that (i) they reflect your desired powers in the document; (ii) the document does not contain any unnecessary powers; and (ii) it is eventually accepted by the relevant third parties/government departments. Legal Inz specializes in preparing POAs that meet your, as well as the requirements of the third parties/government departments. We have made it easy for you to obtain a POA in the UAE. You can choose and order your POA with us in minutes.

Use the Correct Document (i.e. General POA or Special POA)

There are two (2) types of POAs that are used within the United Arab Emirates (i.e. general and special). It is very important that you understand the difference between these types of POAs and use the correct document.

A general POA contains very broad powers for acting in general, legal and business matters. It may be typically used to purchase real estate, set-up companies and represent you before government departments. However, this document is unlikely to work for the sale of real estate, vehicles or shares in companies within the UAE.

As a rule of thumb, you should always opt for a special POA if you are looking to grant specific and limited powers about a subject matter or sale of an item (such as real estate, vehicles or shares in companies). If in doubt, the safest approach is always to choose a special POA over a general one. Wondering what is the price of a special power of attorney in Dubai? Get in touch with experts at Legal Inz.

Choose Your Attorney Wisely

As this document authorizes someone else to step into your shoes for carrying out your tasks, you need to ensure that you choose your representative (referred to as the ‘attorney’ in the POA) with care. You should appoint someone who is trusted by you and is aware of how things are done within the United Arab Emirates on a day-to-day basis. You do not also want to be in a position where the powers granted by you are misused by someone putting you in an undesired situation.

Have the Arabic Translation Done

It is mandatory that your POA is translated into Arabic by a certified legal translator approved by the Ministry of Justice within the UAE. The document may be signed before a notary public either in Arabic language only or in a bilingual format (English and Arabic). If you are not an Arabic speaking person, you should ensure that your document is prepared in bilingual format for the simple reason that you must understand your document in English language first before it is translated into Arabic and signed by you before a notary public.

Sign/Notarize the POA With a Notary Public

Once the document has been translated into Arabic, printed and stamped by the legal translator in three (3) originals, it must be signed by you before a notary public in Dubai, or in any other Emirate. The notary public carries out the registration immediately and provides you with two (2) originals of the document. You can provide one (1) original to the attorney authorized by you in the document and keep one (1) original with yourself. If you are not present within the UAE, or unable to physically visit the notary public, your power of attorney can be e-notarized via video conferencing with the notary public officer or by sending a video recording for your identification and verification of the powers to be assigned. However, you need to have a valid passport to complete the e-notarization process.

Alternatively, you can sign the power of attorney in the country of your residence before a notary public, provided that you follow the process of legalization before the document is presented for use in the United Arab Emirates. These are the most important issues that we have noted based on our day-to-day experience. Your situation may require further consideration in addition to the points highlighted above.

It is crucial to note that POA legalization/POA attestation in Dubai and the rest of the UAE is an entirely different process from notarization. Basically, attestation is a process required for powers of attorney to be used outside the UAE. Also, this process is required for POAs prepared overseas and to be used in the UAE.

Power of attorney attestation in the UAE involves obtaining certification by government authorities like the Ministry of Foreign Affairs, embassies of the UAE, Ministry of Justice, etc. It is advisable to complete this process through a power of attorney attestation service in Dubai, Abu Dhabi, or any other Emirate.

The two jurisdictions for notarizing a UAE Power of Attorney are the Dubai Courts Notary Public and the Abu Dhabi Judicial Department (ADJD). It is essential to note that Dubai Courts POAs are always issued electronically and that no physical hard copies are given.

Here are some of the examples of the most common special POAs that are used in the UAE:

1. Special POA For the Sale of Real Estate Property

For a special POA relating to the sale of real estate property in the UAE, you should ensure that the following details are included in the document:

1. Details of the real estate property with precise unit number and other information provided on the title deed of the property.
2. Details of the specific powers that you wish your attorney to exercise while using the power of attorney.
3. If the transfer of property is a transfer as ‘gift’ instead of an actual sale, you must specify that the transfer will take place as ‘gift’ and there will be no consideration payable for this transfer.

If your real estate property is currently mortgaged, you will also be required to obtain an NOC from the relevant bank before you can sign the document at a notary public. It may be possible for you to sign the document without this NOC if you wish to sign it before a notary outside the UAE.  However, in all cases, you will need to provide notary public the evidence of your ownership of the real estate property at the time of signing the document.

It may not be necessary for you to choose a special POA if you wish to purchase or manage the real estate property. A general POA is typically acceptable for these transactions.

2. Special POA For Vehicle

For a special POA in Dubai and other regions in the UAE authorizing the sale of a vehicle, you will need to include the following information in the document:

1. Details of the vehicle registration as per the vehicle registration card.
2. Details of the specific powers that you wish your attorney to exercise.

You will need to present the original vehicle registration card valid at the time of visiting the notary public for signing the document.

3. Special POA For Sale of Shares

The special POA authorizing the sale of shares should include the following:

1. Details of the company where the shares are held by you.
2. Details of number of shares held by you.
3. Specific powers that you wish your attorney to exercise.

You will need to provide original trade license, memorandum and articles of association and share certificate (if applicable) to the notary public at the time of signing the document.

If your special POA does not fall under any of the above categories, please contact us and we would be happy to provide you with the relevant requirements applicable to your document.