An International Power of Attorney (POA) represents a legal bridge between countries—particularly in light of the growing global mobility of individuals and companies and the increase in cross-border economic and commercial transactions. It is a vital and effective legal tool that facilitates interests and transactions beyond national borders.
Through an international POA, a person may authorize another to act on their behalf in important matters such as selling real estate, completing commercial transactions, managing assets, or pursuing legal cases, among others.
Procedures for Issuing an International Power of Attorney from the UAE
An international POA issued from within the UAE follows these steps:
1. Proper Legal Drafting
Preparing the POA text in Arabic, with precise identification of powers and personal details.
2. Initial Notarization (in the UAE)
- In person: Submitting the required documents and signing before a public or private notary.
- Electronically (remotely): Holding a video call with the notary, signing electronically, and issuing the POA in PDF format.
3. Attestation by the UAE Ministry of Foreign Affairs (MOFA)
This is completed after the initial notarization.
4. Attestation by the Consulate of the Target Country
The POA is stamped and approved for use in the foreign country.
5. Delivery
The agent receives the finalized POA after completion of all attestations.
Required Documents for an International Power of Attorney
Basic Documents (for both parties)
- Passport: Clear, colored, valid copies of the passports of both the principal and the agent.
- UAE ID: Copy for both parties if they are UAE residents.
- Contact details: Valid phone number and email address for both parties.
Additional Documents (depending on the type of POA)
- Real estate POAs: Title deeds, sale or purchase contracts, or related documents.
- Company-related POAs: Board resolution, trade license, and memorandum of association.
- POAs requiring translation: Certified and officially notarized legal translations of foreign documents.
Issuing an International Power of Attorney Through a UAE Consulate Abroad
A POA issued outside the UAE for use within the UAE follows these steps:
- Drafting the POA by a lawyer or local notary in the foreign country.
- Initial notarization by a notary or competent authority in that country.
- Attestation by the Ministry of Foreign Affairs of the foreign country.
- Attestation by the UAE embassy or consulate in that country.
- Final attestation in the UAE by the Ministry of Foreign Affairs.
Importance of Consular POAs Issued Abroad
- Ease of transactions: Authorizing trusted individuals to manage financial and personal affairs, assets, real estate sales, or other legal acts in the UAE.
- Legal validity and recognition: Consular and MOFA attestations grant full legal legitimacy within the UAE and prevent legal complications.
Legal Translation Required for International Powers of Attorney
Legal translation is a critical step in international dealings. The translated text must accurately and strictly reflect all legal elements of the original document. Legal translation is required in cases such as:
- Government procedures: Submissions to embassies, land registries, ministries, or government entities in another country.
- International commercial transactions: Cooperation with foreign partners or overseas investments, ensuring clarity of rights and obligations.
- International real estate transactions: Leasing, buying, or selling property abroad.
- Inheritance matters: Completing inheritance procedures in one or more foreign jurisdictions.
- Legal disputes: Use before international courts or in disputes involving parties of different languages.
- When one party speaks a foreign language: Requiring a certified translator to ensure full understanding of the POA.
Cases Where an International Power of Attorney Is Required
Common situations include:
- Real estate matters: Buying, selling, registering, or mortgaging property abroad.
- Financial matters: Managing bank accounts (opening, closing, or operating) in another country.
- Legal procedures: Following up on international cases, court representation, or obtaining foreign judgments.
- Education: Applying for scholarships or equivalency of academic certificates abroad.
- Immigration: Visa applications and related processes.
- Customs and shipping: Clearing goods through international customs, especially commercial shipments.
- Civil transactions: Notarizing marriage or divorce contracts, issuing birth or death certificates, or using such documents abroad.
- Intellectual property rights: Registering trademarks or patents in multiple countries.
Difference Between Local and International Powers of Attorney (UAE)
| Point of Comparison | Local Power of Attorney | International Power of Attorney |
| Purpose | Enables the agent to act within national borders | Enables the agent to act outside national borders |
| Powers | Limited (special) or broad (general) within the UAE | Limited or broad but intended for international use |
| Recognition in the UAE | Notarized locally before competent authorities | Requires local notarization plus MOFA attestation and consular/embassy attestation |
Common Reasons for Rejection of an International POA Abroad
1. Notarization and Attestation Issues
- Missing attestations or improper order of authentication
- Invalid or unnotarized signatures
- Inaccurate data (names, dates, financial details)
- Drafting or spelling errors
2. Legal or Regulatory Violations
- Legal restrictions on the principal (travel bans, financial restrictions)
- Activities contrary to UAE laws (e.g., money laundering)
- Expiry of the POA or completion of its intended purpose
3. Issues Related to the Agent
- Lack of legal capacity
- Unsuitable background (e.g., criminal record)
- Abuse or misuse of granted powers
4. Documentation Issues
- Missing required documents (ID, passport, financial proofs, special documents)
- Misleading or incorrect information
- Unattested academic or professional certificates where required
5. Translation Issues
- Absence of certified legal translation
- Translation not officially attested
Frequently Asked Questions (FAQs)
What is an international POA for use abroad?
A document granting authority from one person to another to perform tasks or transactions outside the country. It requires local and foreign attestations to be legally valid.
Is a POA issued in the UAE accepted abroad?
Yes, once all required official attestations—local and foreign—are completed.
Does an international POA require consular attestation?
Yes, consular attestation is required to grant it official legal status in the destination country.
Does Apostille replace consular attestation?
Apostille replaces consular attestation only in countries that are signatories to the Hague Convention. Non-signatory countries require consular attestation.
Is legal translation mandatory for an international POA?
Yes, certified legal translation is required in most official cases to ensure acceptance by authorities, embassies, and courts.
Which entities accept international POAs?
Banks, financial institutions, companies, real estate entities, embassies, consulates, courts, arbitration bodies, ministries of foreign affairs and justice, and government authorities such as land registries and economic departments.
What is the validity period of an international POA?
There is no fixed duration. Validity depends on the POA’s terms, applicable local laws, and the type of authorization.
In conclusion, an International Power of Attorney is issued for use outside the country as an official delegation enabling an agent to carry out actions and procedures on behalf of the principal in another jurisdiction. It is essential to legitimize cross-border transactions once all required attestations are completed.
For accurate issuance of an international POA, seek assistance from the Private Notary in Dubai team:
- Email: info@privatenotarydubai.ae
- WhatsApp: +971 56 232 7778
- Mobile: +971 56 232 7778
- Address: Office No. 805, Opal Tower, Business Bay, Dubai, United Arab Emirates