The documents required for issuing a power of attorney in the UAE are of great importance in the field of legal transactions. A power of attorney serves as a legal link between the principal and the agent, enabling one person to act on behalf of another in financial, commercial, educational, real estate, judicial, and other matters.
Accordingly, preparing these documents accurately and ensuring their completeness not only facilitates procedures but also safeguards the principal’s rights, prevents ambiguity, and reduces the risk of future disputes.
Documents Required to Issue a Power of Attorney
In general, whether issuing a power of attorney through a notary public or online, it is recommended to provide the following documents:
- Proof of identity of the principal: A valid passport or UAE ID (for residents).
- Proof of identity of the agent: A valid passport or UAE ID (for residents).
- Contact details of the principal and agent: Phone number and email address (especially for online notarization).
Additional Documents Depending on the Type of Power of Attorney
- Real estate power of attorney: Title deed, real estate registration certificate, or other property-related documents.
- Company power of attorney: Trade license, Memorandum of Association (MOA), and identity documents of shareholders/partners (POA Services in UAE).
- Vehicle management power of attorney: Vehicle registration or ownership document.
- Marriage-related power of attorney: Social status certificate, medical fitness certificate, and related documents.
Notarization of a Power of Attorney in the UAE
A power of attorney is officially notarized in the UAE and granted full legal effect, enabling the agent to act upon it. The notarization process generally includes the following steps:
- Drafting the power of attorney: Preparing the draft in Arabic with full details, clearly defining the powers granted and specifying whether it is a general or special power of attorney.
- Collecting documents: Gathering identification documents for individuals and corporate entities.
- Choosing the notarization method:
- Online: Through the Ministry of Justice portal or Dubai electronic notary platforms. Signing is completed via video call after identity verification, and the power of attorney is issued electronically within hours.
- In person: Signing before a notary public at courts or smart service centers.
- Payment of fees: According to the type of power of attorney (personal, real estate, commercial, etc.).
- Issuance of the certified copy: Receiving an officially notarized and stamped document.
Documents Required for Corporate Powers of Attorney
For the Principal (Company Owner or Natural Person)
- A valid copy of identification (UAE ID or passport).
For the Agent (Authorized Individual)
- A valid copy of identification (UAE ID or passport).
For the Company (Legal Entity)
- Copy of the commercial registration and valid trade license.
- Copy of the Memorandum of Association and Articles of Association.
- Authorization permitting the concerned person to issue the power of attorney, such as a board resolution or meeting minutes; otherwise, approval from the general assembly or majority of partners may be required.
- Partners’ documents (if applicable): Copies of valid passports or UAE IDs.
Power of Attorney Document
- Must be drafted in Arabic or accompanied by a certified legal translation.
Documents for Electronic Powers of Attorney
The UAE Ministry of Justice has introduced the “Digital Power of Attorney” service, enabling issuance without physically visiting a notary public. The process includes:
- Accessing the Ministry of Justice digital platform (moj.gov.ae) or similar judicial authority applications, such as Abu Dhabi Judicial Department.
- Logging in using UAE Pass (Digital ID).
- Selecting the required service (Digital Power of Attorney), completing the principal and agent details, selecting the clauses of the power of attorney, and submitting the application.
- Conducting a video call with the assigned notary public to verify the principal’s identity, understanding, and consent, and completing the electronic notarization.
- Paying the service fees.
- Instantly receiving the notarized digital power of attorney, ready for use and sharing with official entities or concerned parties.
Translation of Legal Documents
To translate legal documents in the UAE, a translator accredited by the Ministry of Justice is required. The translation process includes:
- Determining the purpose of translation: Certified translation for embassies, courts, or general use.
- Selecting a translation office: A reliable, licensed office with sworn legal translators experienced in legal terminology.
- Submitting the document: The original document is provided for assessment and accurate translation.
- Translation and proofreading: The legal translator completes the translation, followed by linguistic review to ensure accuracy.
- Attestation: The translated document is stamped and authenticated by the competent authorities, such as the UAE Ministry of Foreign Affairs (MOFA).
Conditions for Issuing a Power of Attorney
The essential conditions for issuing a power of attorney include:
- The principal: Must have full legal capacity, be of legal age, mentally sound, not legally incapacitated, and legally entitled to dispose of the subject matter.
- The agent: Must also have full legal capacity, be of legal age, mentally sound, and legally permitted to perform the delegated acts.
- Subject of the power of attorney: Must be clearly defined, specific, and legally delegable (e.g., selling property, appointing a lawyer).
- Language: The power of attorney must be clear, free of alterations, and drafted in Arabic or accompanied by a certified Arabic translation.
- Powers: Clearly and explicitly stated to avoid legal ambiguity.
- Duration: The validity period should be specified where possible.
- Documents: All required primary and supporting documents must be provided depending on the type of power of attorney.
Notary Public Requirements for a Power of Attorney
To issue a power of attorney before a notary public, the following general requirements apply:
- Valid UAE IDs or passports for both the principal and the agent.
- Personal attendance of the principal and agent before the notary (waived in electronic notarization).
- Full legal capacity of all parties.
- Clear subject matter and scope of the power of attorney.
- Mutual consent between the parties.
Summary of the Notary Process
- Preparation of the power of attorney draft (with legal assistance if needed).
- Appearance before a notary public in the relevant emirate to sign the document.
- Official notarization and attestation, granting the document legal recognition before governmental and judicial authorities.
For use outside the UAE, additional attestation is required through the relevant authorities, including the UAE Ministry of Foreign Affairs and the embassy of the destination country.
Procedures for Issuing a Power of Attorney
A power of attorney may be issued electronically in the UAE through a notary public as follows:
- Direct communication: Contact a private notary in Dubai offering electronic notarization services via platforms such as Botim or Zoom.
- Clarification of requirements: Submit the necessary documents and details by email.
- Video meeting: A video call is scheduled to verify identity and electronically sign the power of attorney during the session.
- Immediate notarization: The notary public completes the electronic notarization, granting the power of attorney full legal effect.
- Receipt: The electronically signed and stamped power of attorney is received in PDF format (with a verification barcode) via email.
Frequently Asked Questions (FAQs)
Do the required documents differ depending on the type of power of attorney?
Yes, required documents vary significantly depending on the purpose and type of power of attorney, while core documents remain mandatory in all cases.
Is the original ID required to issue a power of attorney?
Yes, presenting the original identification (UAE ID or passport) is mandatory.
Are additional documents required for non-residents?
Yes, international attestation is required, including attestation by the Ministry of Foreign Affairs of the issuing country, the UAE embassy or consulate abroad, and finally the UAE Ministry of Foreign Affairs.
Is a supporting contract or document required?
Yes, a supporting contract or document relevant to the subject matter of the power of attorney is required (real estate, corporate, etc.).
Do document requirements differ for electronic vs. in-person notarization?
No, the requirements are the same; however, electronic copies are submitted instead of physical originals.
Must foreign documents be translated before issuing a power of attorney?
Foreign documents are translated into Arabic after arriving in the UAE by a certified legal translator accredited by the Ministry of Justice and attested by the UAE Ministry of Foreign Affairs.
Can a power of attorney be rejected if documents are incomplete?
Yes, issuance or notarization may be refused if documents are incomplete or do not meet legal requirements.
Conclusion
Ensuring the availability of all required legal documents, along with any supporting materials, is essential for the acceptance and legal validity of a power of attorney in the UAE. Complete and accurate documentation prevents rejection and ensures enforceability.
To ensure issuance of a legally compliant power of attorney, 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