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