A foreign power of attorney is an important legal instrument that ensures efficiency and effectiveness in managing personal affairs, commercial activities, and other legal matters within the United Arab Emirates.
UAE consulates in various countries serve as official authorities for notarizing both special and general powers of attorney under their supervision, ensuring their validity and enforceability within the UAE without unnecessary complications. This process has significantly facilitated individuals and companies residing outside the UAE to exercise their legal rights and manage their affairs without the need for frequent travel.
Issuing a Power of Attorney from a UAE Consulate
Issuing a consular power of attorney is a fundamental necessity for UAE citizens and residents who are abroad and need to complete legal, personal, financial, or real estate transactions in the UAE. The importance of a consular power of attorney is reflected in the following:
1. Facilitation of Transactions
It allows trusted individuals to manage the principal’s properties, handle financial and personal matters, sell real estate, or carry out legal actions on the principal’s behalf within the UAE.
2. Legal Validity and Official Recognition
Notarization at the consulate and authentication by the relevant ministries ensure full legal validity and official recognition of the power of attorney within the UAE, thereby avoiding potential legal disputes.
Steps for a Power of Attorney Issued from a UAE Consulate (for Use in the UAE)
- Drafting the power of attorney by a lawyer or notary public in the country of origin.
- Notarization by a notary public or competent authority in the country of origin.
- Authentication by the Ministry of Foreign Affairs of the country of origin.
- Attestation by the UAE Embassy or Consulate in the country of origin.
- Final attestation by the UAE Ministry of Foreign Affairs.
- Official recognition and use of the power of attorney within the UAE.
Recognition of the Power of Attorney in the UAE
To grant legal effect and allow the use of the power of attorney in the UAE, official recognition is required. The process generally includes:
- Determining the scope of authority: Clearly defining the powers granted to the agent.
- Drafting the power of attorney: Preparing the document precisely in Arabic.
- Collecting documents: Providing the necessary identification and corporate documents, if applicable.
- Notarization:
- Online: Through Dubai’s electronic notary platforms or the Ministry of Justice portal, where signing is completed via video call after identity verification, and the power of attorney is issued electronically within hours.
- In person: By signing before a notary public.
- Payment of fees: According to the type of power of attorney.
- Issuance of the certified copy: Receiving an officially stamped and notarized document.
A power of attorney issued by a UAE consulate abroad must complete all required attestations outside the UAE and subsequently be attested by the UAE Ministry of Foreign Affairs.
Requirements for Issuing a Power of Attorney from Abroad
To complete a foreign power of attorney, the following general conditions must be met:
- Legal capacity of the principal and agent: Both must be legally competent adults.
- Valid identification: A valid passport or UAE ID (if available).
- Availability of video communication: A live video session with a private notary to verify identity and electronically authenticate the signature.
- Clear and comprehensive drafting: Including accurate details of the principal and agent, type of power of attorney (general or special), granted powers, and duration or expiry date if applicable.
- Compliance with public order and morals: The delegation must not violate UAE laws or public policy.
- Arabic language requirement: The power of attorney must be in Arabic or legally translated into Arabic by a licensed legal translator in the UAE (online services accepted).
Required Documents
- Clear color copies of valid passports for both parties.
- Copies of UAE ID cards (if available).
- Contact details (phone number and active email address).
- Supporting documents such as sale agreements or company incorporation documents, depending on the type of power of attorney.
- Legally certified Arabic translations of foreign documents when required.
Fees for a Consular Power of Attorney
Fees vary depending on the type of power of attorney, country of origin, and the issuing authority. Main cost components include:
- Initial notarization fees in the country of origin: Vary significantly by country.
- Consular attestation fees: Charged by UAE embassies or consulates abroad and vary by country.
- UAE attestation fees (if applicable): Ministry of Foreign Affairs (MOFA) fees, typically several hundred dirhams for standard powers of attorney, and potentially several thousand dirhams for complex or commercial ones.
- Additional costs: Including certified translation fees, electronic services, and courier charges.
To Determine Accurate Fees
- Identify the type of power of attorney (personal, educational, commercial, banking, etc.).
- Review the UAE Ministry of Foreign Affairs website (mofa.gov.ae) for the official attestation fee guide.
- Contact the relevant embassy or consulate, as their published fees are authoritative.
Corporate Powers of Attorney Issued from Abroad
The process for issuing a corporate power of attorney from abroad includes:
- Contacting a private notary in Dubai by email or phone.
- Defining the scope of authority granted to the company’s representative.
- Preparing and submitting required documents (passport, memorandum of association, etc.).
- Drafting the power of attorney and submitting it for review and approval.
- Electronic notarization via a live video session with the notary.
- Receiving the officially notarized power of attorney electronically (PDF) for immediate use in the UAE without further attestations.
Notary Public vs. Consulate
Both notaries and consulates authenticate legal documents, but their legal authority differs:
Notary Public
- Functions: Notarization of contracts, declarations, powers of attorney, signature authentication, and date certification of private documents.
- Scope: Domestic and local.
- Objective: Grant legal formality and validity to documents within the country.
Consulate
- Functions: Performs similar notarization services for citizens abroad when necessary, in addition to nationality-related matters such as family status declarations, wills, and undertakings.
- Scope: International and extraterritorial.
- Objective: Facilitate legal transactions for nationals abroad and authenticate documents for use in their home country.
Key Notes
- Consular documents typically require prior notarization and subsequent attestation.
- Both entities aim to authenticate legal documents.
- A consulate is not a substitute for a local notary public.
Attestation of Consular Documents in the UAE
Consular document attestation in the UAE is primarily conducted electronically through the Ministry of Foreign Affairs (MOFA) website or mobile application:
- Registration: Log in using UAE Digital ID.
- Submission: Complete the application, select a courier company, and pay the fees.
- Delivery: The courier collects the original document and delivers the attested copy.
For applications submitted from abroad, requests are filed via the MOFA website, and the UAE consulate abroad completes the digital attestation. The attested document is then issued electronically, and the original is returned via courier.
Frequently Asked Questions (FAQs)
When is issuing a power of attorney from a consulate required?
When the principal is outside the UAE and unable to manage legal, banking, corporate, property, inheritance, marriage, or divorce matters personally.
Is a power of attorney issued by a consulate valid in the UAE?
Yes, after completing the required attestations in the issuing country and by the UAE Ministry of Foreign Affairs.
How long does it take to issue a consular power of attorney?
There is no fixed timeframe; it usually takes several days, while electronic services may complete the process within one business day.
Do procedures differ from one country to another?
Yes, procedures vary significantly depending on local laws and the regulations governing the use of powers of attorney.
Is the principal’s personal attendance at the consulate required?
Generally yes, except in cases where electronic notarization is permitted.
Can individuals and companies issue powers of attorney through consulates?
Yes, both individuals and companies may do so, subject to personal attendance and signature authentication.
Does a consular power of attorney require additional attestation in the UAE?
Yes, particularly attestation by the UAE Ministry of Foreign Affairs (MOFA).
Conclusion
Attestation by UAE consulates abroad is an essential step for citizens and residents living outside the country to ensure the legal usability of powers of attorney within the UAE. Consulates remain the officially authorized bodies to authenticate such documents on behalf of the state.
For professional notarization and attestation services inside or outside the UAE, you may contact Private Notary in Dubai:
Mobile & WhatsApp: +971 56 232 7778
Email: info@privatenotarydubai.ae
Address: Office 805, Opal Tower, Business Bay, Dubai, United Arab Emirates