Documents Required for a Power of Attorney in UAE

A power of attorney involves two parties. One that is giving the power and the one whom the power is being given to. Documents of both parties are required to draft and finalise a Dubai POA.

In general, the following documents are required to prepare a personal power of attorney:

A copy of the passport.
A copy of the visa (if the person is a UAE resident).
A copy of the Emirates ID (if the person is a UAE resident).

Further, the following documents are required to prepare a corporate power of attorney:

Copy of trade license.
Memorandum and articles of association.
Passport copies of the shareholders.
Emirates IDs of the shareholders.

Additional documents may be required depending on the nature of power of attorney.

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Why Do You Need a Dubai POA?

A power of attorney (POA) is a legal document through which you designate another person to act on your behalf. The document authorizes the second person to make either a limited or broader set of decisions. The second person is obligated to act and take decisions strictly as per the terms of the power of attorney and keeping in mind the best interest of the authorising party.

A person may need a power of attorney in Dubai and in UAE in the event he / she requires someone to handle their affairs in their absence. POA can be used either to accomplish a single act or to carry out a host of activities. Depending on the requirements, a Dubai POA can assign powers for either a limited or an infinite time.

Generally, you may require a power of attorney in these scenarios:

If you wish your spouse, children or any professional to handle and maintain all your legal and financial affairs on your behalf or in your absence.
If you want to authorize your employees to handle the financial and managerial affairs of your company in the event that you are away from work.
If you want to authorize your family members or friends to handle your financial affairs in the event that you are seriously ill or physically incapacitated.
If you want to authorize another person to sell your property on your behalf.
If you want to authorize a second person to buy / sell / register a vehicle on your behalf.
If you want to authorize someone to perform certain tasks at a specified time.

What Powers Can You Assign Through a Power of Attorney?

In general, the nature of the powers that can be assigned through a POA depends on the type of the power of attorney. Below, we have the types of POAs and the corresponding transferable powers:

General Power of Attorney

Purchase and manage real estate properties and other assets.
Set up businesses/companies.
Represent before third parties, government departments and banks etc.
Represent before Etisalat, du, DEWA and other utility service providers.
Represent in legal affairs and appoint lawyers.
Purchase shares in companies.
Sign contracts and other documents.

Company Power of Attorney

File necessary application for the company formation.
Sign and submit documents including memorandum and articles of association of the new company.
Attend the relevant registration body (i.e. Department of Economic Development or a Free Zone Authority).
Represent before third parties, government departments and banks etc.
Represent before Etisalat, du, DEWA and other utility service providers.
Receive the new trade license.

Property Dispute Power of Attorney

Manage the entire property dispute.
Represent the owner before the Dubai Land Department, RERA and other government departments, developers, master developers, utility providers.
Appoint lawyers to represent the owner before the courts.

Vehicle Power of Attorney

Manage and drive the vehicle.
Renew the registration and insurance.
Sell the vehicle to any third party.

Marriage Power of Attorney

Representation before the court for the marriage registration.
Signing all necessary documents to effect the marriage registration.

Court Case Power of Attorney

Powers to manage the dispute and appoint lawyers to represent the owner before the courts.

Inheritance power of attorney

Powers to represent the legal heirs before the court as well as to appoint lawyers where required for the court representation.

Steps to a Valid Power of Attorney in Dubai

Identify the Objective

The first step is to identify in your mind what you seek to achieve through a Dubai power of attorney. This would involve picking out the task that needs to be done and how that task should be carried out. The task can be anything under the sun. Some of the examples include selling a property on your behalf, setting, or running a company for you, purchasing or registering a vehicle on your behalf etc. You can even pinpoint the exact way in which you wish the duties are carried out by the second person. Our experts at JustPOA can help you with the same.

Select an Agent

An agent is a person who is authorised in a Dubai POA to carry out certain activities on your behalf. The agent must at least be twenty-one (21) years old. You can even appoint multiple agents by way of a single power of attorney. Since the agent is responsible to carry out the act, it is very important the agent is chosen carefully and wisely. You can appoint anyone as an agent who is willing to act on your behalf. However, it is always a benefit if the agent is either a close friend or a relative and has carried out similar activities in the past.

Choose the Right Dubai POA

There are multiple types of power of attorneys. It is imperative to select a power of attorney that is the right fit for you. The type of the power of attorney in Dubai that you select should ideally depend on the powers that you wish to transfer through the POA. A property POA is used to buy, sell or rent the property. A vehicle POA is executed if you require your agent to purchase, vend or register a vehicle. A company POA is drafted if you wish another person to run the affairs of a company on your behalf. Our experts here at Just POA can help you easily pick a Dubai POA that is suitable for you.

Drafting

A power of attorney in UAE must be carefully drafted so that the exact powers that you wish to transfer are precisely recorded. It must be ensured that the POA should not miss or omit any power that you wish to assign, the POA should not transfer powers that are excessive and unwarranted, the language of the POA should reflect the true intent of parties, and the POA draft is easily understandable by a third-party executor.

Translation

A power of attorney that is to be executed in the UAE must be bilingual. The English language draft of the Dubai power of attorney must be translated to Arabic by a certified legal translator approved by the Ministry of Justice of UAE to ensure that the Dubai POA is accurately translated. If you are an Arabic speaking person then you can choose to have the POA drafted in Arabic. It is essential that that power of attorney is bilingual (English in Arabic) since most of the government authorities within UAE conduct business in Arabic language.

Notarization

In gist, the notarization process depends solely on if you are in United Arab Emirates or outside. You can sign on the final original POA before a notary public in any emirate if you are within UAE. Upon signing, the notary will stamp the POA and register it in his/her records. If you are outside of UAE, then you can sign the POA before a notary public in your own country. Depending on the country, the POA will be attested by Ministry of Foreign Affairs in UAE or the consulate of the country where the POA will be used. The power of attorney should be properly signed so that it is recognized by the executing and government authorities. Our experts can help you with the signing formalities to ensure that your Dubai POA is valid and acceptable.

Signing Process for a Dubai Power of Attorney

Once we have prepared the draft of your power of attorney, based on your location, the following process for the signing will have to be followed:

Scenario 1: Sign in UAE for Use in UAE

If you reside in the UAE, a Dubai power of attorney can be signed before a notary public in Dubai, Abu Dhabi, Sharjah, Ras Al Khaimah, Fujairah, Ajman or Um Al Quwain. Regardless of the place of signing within the UAE, a power of attorney remains valid throughout the UAE.

We provide end-to-end assistance on preparing and notarizing the power of attorney in the UAE.

Scenario 2: Sign Outside UAE for Use in UAE

If you reside outside the UAE, a Dubai power of attorney can be signed before a notary public in the country of your residence. Once signed, attestations by the following government departments will be required before it can be used in the UAE:

1. Country of your Residence

Ministry of Foreign Affairs in the country of your residence.
UAE Embassy in the country of your residence.

2. United Arab Emirates

Ministry of Foreign Affairs in the UAE.
Ministry of Justice in the UAE after Arabic translation.

Our fee for assistance on the UAE attestations is AED 899. This includes the government fee. However, if the document is treated as commercial document by the UAE Ministry of Foreign Affairs, the government fee of AED 2,000 shall apply in addition.

Scenario 3: Sign in UAE for use outside UAE

If you reside in the UAE, a general power of attorney can be signed before a notary public in Dubai, Abu Dhabi, Sharjah, Ras Al Khaimah, Fujairah, Ajman or Um Al Quwain. Depending upon the country where the power of attorney will be used, attestations by the following government departments will be required:

The Ministry of Foreign Affairs in the UAE.
Embassy/consulate of the country where the power of attorney will be used.

Scenario 4: General Power of Attorney for India

If the power of attorney is intended to be signed in the UAE and used in India, the draft can be prepared by us and you will need to sign the draft at the IVS Global offices.

Online Notarization of Power of Attorney

In case the principal of the POA is unable to travel, then the POA can be notarized online by using the BOTIM mobile application. This form of remote notarization can be carried out by sending an email to the designated email ID of the notary public of the Dubai courts. The following details should be included in the email:

Mobile number of POA’s principal that is subscribed to the BOTIM app.
The final signed copy of the power of attorney should be attached.
The identification cards of the principal and the agent should be attached to the email.

Upon receiving the email, the notary public will hold a video call via BOTIM app to verify the identity of the principal.

Once the POA is approved the courts fees can be paid upon collection of the original notarized POA. The approved and stamped POA can be collected by the agent residing in Dubai / UAE from the Dubai notary public office.

Things to know about a Dubai Power of Attorney

A Dubai power of attorney should align with the law of the United Arab Emirates. That is why it is crucial that the POA is optimally not only tailored to address your specific needs but also is executable as per the UAE law. Below are the few quick pointers for preparing a legally valid Dubai POA:

As per the requirements of the law, any person who has a sound mind and who is above 21 years of age can be your attorney. Such person can be your family member or a friend or any professional, accountant or lawyer.
A general power of attorney grants very broad powers to your agent, however, in certain matters (e.g. for selling a vehicle) a general power of attorney is not acceptable in the United Arab Emirates if the vehicle is not being sold by an immediate family member (spouse, parent, sibling). Therefore, it is beneficial to pre-check, if a general POA is acceptable for the specific purpose for which you are appointing the agent.
If there is no time limitation, a Dubai POA is valid until it is revoked by the principal. However, certain categories of power of attorneys in Dubai can be valid only for a limited time. For instance, the duration of a power of attorney in Dubai for property transactions is restricted for a period of 2 years by the Dubai Land Department. Moreover, you can always present a power of attorney for a finite time, by specifying the time period within the power of attorney itself. Apart from that, any Dubai POA becomes invalid on the death of the principal.
If you are a resident in the UAE, to sign a Power of Attorney before the Dubai notary public, you have to present your passport or original emirates ID.
If you are issuing a power of attorney in Dubai for selling a real estate property, then you will be asked at the notary public in Dubai to present the title deed either in original or electronic form (if issued electronically).
The Dubai notaries do not merely attest your signature when you sign a power of attorney in Dubai, but also verify whether you have a capacity to sign such a power of attorney. To verify this, the notary public checks ancillary documents. For instance, if you are giving a POA on behalf of a company, you should be a shareholder or your power is provided in the company’s memorandum of association or in another power of attorney issued by the legal representatives of the company.

Components of a Power of Attorney in Dubai

The present global situation is a significant reminder that life is uncertain and living in a country away from your own can come with its own challenges. In these circumstances, having granted a Dubai power of attorney can allow some peace of mind to you if your agent is able to carry out your tasks in your absence. For this specific reason power of attorney in Dubai have become an important tool in our everyday life. Now, more than ever, it has become important to understand the components of a Dubai power of attorney. A power of attorney in Dubai has these elements:

The complete details of the grantor of the power, which will include his full legal name, nationality, a form of identification (passport number or emirates ID number, in the case of the UAE), and the capacity in which the power is granted, i.e. personal capacity and/or professional capacity. This is especially useful for persons having their own businesses or sole proprietorship, who may wish to give their spouses powers to act for the business as well.
The complete details of the receiver (agent) of the power, which will include their full legal name, nationality, a form of identification, and may also include their relation to the grantor.
The scope of the powers granted by the document. This will include the exact nature and scope of the powers being granted to the agent, and the details of the assets / bank accounts in respect of which the power is granted. For example, if the power is being granted for the operation of bank accounts, then the account numbers, the name of the bank where the accounts are held and the complete name of the account holder must be mentioned within the document, so that the bank can verify such details prior to the agent exercising his power.

Notarizing an Abu Dhabi Power of Attorney

The Abu Dhabi Judicial Department notarizes and issues POAs in Abu Dhabi. While an in-person/physical notarization is still possible, e-notarization is the more preferred option these days. Though non-UAE residents can make powers of attorney, the ADJD only notarizes POAs for UAE residents (i.e. individuals holding a valid Emirates ID).The process of e-notarization for powers of attorney in Abu Dhabi is quite similar to the procedure adopted by the Dubai Courts Notary Public. To complete the process, the principal must join an online meeting with an officer at the ADJD. Usually, the meeting takes place through the Cisco WebEx application. Once the verification through the video conference is complete, a notarized power of attorney is issued with an added page that confirms that the document has been notarized.

We Can Act as your Attorney

We understand that it can be difficult for people living outside of UAE to find trusted agents. A lot of people do not have near relatives or friends living in Dubai or in UAE, who can act as trustworthy attorneys. Such a scenario can generate doubt and anxiety regarding the proper and timely completion of the assigned act. To settle this conundrum, JustPOA offers a service option, wherein our experts act as your trusted attorney. Over the years, our experts have acted as attorney in different types of powers of attorneys. Due this, our experts have years of experience in exercising the assigned power as per the wishes and for the benefit of our clients. Feel free to appoint JustPOA experts as your trusted attorney in UAE.