Process of signing powers of attorney outside the United Arab Emirates

A POA is valid if it is signed and registered with a notary public in the UAE. However, if you are not present within the UAE, you can still sign the power of attorney before a notary public in the country of your residence, provided that you follow the process of legalization to make the document valid for use within the UAE. This process may be applicable for complicated company related POAs where there are multiple layers of shareholders. For others, we recommend following the e-notarization process for POAs.

The requirement of legalization has been put into place as the UAE is not a signatory to the Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents. The authorities in the UAE thus do not accept any POA that does not comply with the legalization requirements.

The process of legalization is initiated in the country of origin (where the POA is signed) and is completed within the UAE. This process provides a guarantee that the document is genuine and contains correct and truthful information.

The process of legalization is summarized in steps 1-4 below. Steps 5-6 in this Article refer to the process applicable to the translation of the document into Arabic and certification of the Arabic translation.

1. Notarization

As a first step, the document is signed before a notary public in your country of residence. The role of the notary public is to confirm the authenticity of your signatures as a witness. The notary public will typically need to see your identity document such as passport to allow you to sign the POA. In addition, if the POA is being signed on behalf of a company, the notary public will insist on you providing the evidence that you have been duly authorized by the company as its signatory.

The document is typically printed on a A4 size plain paper. In some countries such as Pakistan, India and Sri Lanka, the notary public may require the document to be printed on a stamp paper in line with the requirements of the local stamp duty laws.

2. Attestation by Ministry of Foreign Affairs

The second step in the legalization process is to have the document attested by the ministry of foreign affairs of your country of residence. The purpose of this attestation is for the ministry to cross-check the name and practicing number of the notary public who has notarized the document. If the notary public is recognized by the ministry, it will attest the document.

The act of attestation provides the document a legal standing on international level. In some countries, the process of attestation may also be referred to as legalization or apostille.

The legalization is carried out at the Foreign & Commonwealth Office in the UK. In the United States, US Department of State provides this attestation.

3. Certification by the UAE Embassy

At this stage, the document is submitted to the UAE Embassy/Consulate for certification. The UAE Embassy/Consulate certifies the document after ensuring that the first two (2) steps indicated above have been correctly completed. The UAE Embassy/Consulate also determines whether the document is treated as personal of commercial to apply the correct fee for the certification.

Once this certification has been obtained, the document is brought to UAE to complete the next step in the legalization process.

4. Certification by the Ministry of Foreign Affairs (MOFA) in the UAE

Once the document is presented to MOFA, it verifies if the document has been notarized, attested and certified as indicated in the first three (3) steps above. MOFA certifies the document accordingly. Once this certification has been obtained, the document becomes legally valid for use in United Arab Emirates.

5. Arabic translation

The Arabic translation is carried out after the attestation of the POA by MOFA. The legal translators will only be able to stamp the document as legally translated if it has been attested by MOFA. The translation is attached underneath the original document and the translators typically staple the documents together. The Arabic translation is required to be carried out if the document is to be presented before any government authority in UAE. Exceptions may only apply in cases where the document is presented for use in a free zone – however, this practice may not be consistent and a safer approach is always to have the document translated into Arabic.

6. Attestation by the UAE Ministry of Justice

As a last step in the process, the Arabic translation will be certified by the UAE Ministry of Justice. This certification essentially confirms that the Arabic translation has been carried out by the legal translators duly licensed and approved by the UAE Ministry of Justice.

The POA can be presented to any third parties, government departments and authorities to carry out the relevant transactions once the above process of legalization and certification has been completed.