Draft and E-notarize Your POA in UAE

A POA is a legal document that gives specific authorization to a person of your preference to manage your business, private affairs, or any other legal matters. It is a vital document to have for any expatriate in the UAE, who may be in and out of the country for reasons pertaining to their business. It is also now commonly opted and registered by spouses as a fail-safe mechanism in case of incapacitation or inability of either one of the spouses for the purposes of managing their assets and other legal rights.

A POA basically grants the powers mentioned in the document to the person referred to as the “attorney” or “agent” in the same. The powers that one can grant to a person through a power of attorney are manifold and can include the right to enter into contracts and agreements, incorporate businesses, purchase, or sell property, open bank accounts, all on behalf of the “principal”, who is the person who grants these powers.

How it Works?

We offer convenience and pace in proceedings without an ounce of compromise in quality. All you have to do to make a POA is to select the type of POA and fill out our online form, which includes details such as the names and addresses of yourself and the agent and the powers you wish to grant to the agent and then order it. The steps after that can be broadly classified into two: preparation and online registration.

Preparation

We prepare a fully customized POA once you have placed the order online. The relevant documents that we require are the scanned copies of the passport and emirates ID (If applicable) of both yourself and the agent.

You will receive the draft on your email. Once you receive the draft, you can request amendments or changes to be made in the same according to your preferences. The next process would be for us to have the final draft of the POA translated to Arabic. This step is mandatory as a POA is to be registered before the notary public in the UAE, which only accepts documents that are translated to Arabic by a duly authorized legal translator.

Online Registration

Once the translation is done, the entire process of registration can be carried out online. Everything is managed and done completely remotely. We assist our clients on this process in line with the online process applicable in the relevant emirate in the UAE. The notary public of the relevant Emirate conducts a video call with the principal according to their schedule that they book it for. The video call takes place through BOTIM or any other application. Over the call with the notary public, the principal has to verify his/her identity, and also the powers to be assigned through the POA. The convenience and expediency of this process is practically unparalleled as the entire video call conference takes only a few minutes. Alternatively, the principal may submit a video recording verifying his/her identity and the purpose for which the POA has been made. The script for the video recording is provided by us.

Getting a POA registered in the UAE provides you with a sense of calm and peace of mind as you are effectively getting someone you trust wholeheartedly to act on your behalf if the situation calls for it or if things go awry. The general ease with which one can get a POA registered in the UAE should be incentive enough to get it done at the earliest to cover all the bases. This applies to a wide spectrum of expatriates in the UAE. This wide spectrum includes   everyone from business owners looking to manage their business affairs to married couples looking to manage their assets and personal matters.

Legal Inz specializes in preparing all types of POAs in the UAE. Our experts are readily available to work on your specific requirements and ensure that your transactions are carried out in a timely and efficient manner.

This article provides you five (5) most important tips which you should take into account while going ahead with a POA.

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.

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.

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 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.