Comprehensive Guide to Power of Attorney Types in the UAE: Everything You Need to Know

The United Arab Emirates seeks to simplify and facilitate matters for its citizens and residents in completing their personal, legal, economic, commercial, and other affairs.

Legal power of attorney is one of the legal methods granted by the state for the flexibility of completing any work that a legal or natural person is unable to perform through personal attendance.

This matter necessitates extensive and accurate knowledge about what legal power of attorney is and what is its importance? What are its main types? As well as the method of issuance, how to cancel it, and other sub-topics and questions that require accurate answers. In this regard, we present this article as a simplified guide about the most important information you need to know before proceeding to issue a power of attorney in the UAE.

What is Power of Attorney?

Legal Definition of Power of Attorney:

It refers to authorization to another person created by the principal to carry out work related to the activities they engage in and are licensed for. The authorizer, whether a natural or legal person, organizes an official power of attorney for another person, who is a natural or legal person, to carry out their duties legally on behalf of their principal.

The Difference Between Agent and Principal:

Both the principal and the agent are parties to the agency contract, where the principal is the person who grants the power of attorney authority and completes the required work on behalf of the agent. That is, the agent is the person who accepts the power of attorney for what they are appointed to do and begins executing their duties.

Powers and Limits of Power of Attorney:

The limits of power of attorney authority vary depending on whether the agency is general or specific, where the agent is granted broad powers to represent the principal in all legal matters, negotiation and signing of documents, and representing them before courts and government entities. While a special power of attorney grants the agent defined and specific powers to perform specific tasks on behalf of the principal in a particular matter or specific arrangement.

 

Importance of Power of Attorney and Why Do We Need It?

Uses of Power of Attorney for Individuals:

Power of attorney is used for individuals according to UAE law to authorize another person to manage their affairs, especially during absence, and among its main uses:

1. Personal Status and Family Matters:
   
   • Marriage: Authorizing an individual to complete a marriage contract by proxy for one or both parties.
   • Divorce: Authorizing an individual to follow up on divorce procedures and its execution.
   • Children’s Travel: Authorizing an individual either as a companion for the child or to complete required travel approvals.
   • Custody and Alimony Cases: Authorizing a representative for individuals in obtaining custody and alimony rights and protecting family rights.
     
2. Property and Real Estate Management represented in:
   
   • Sale and Purchase: Authorizing an individual to complete sale or purchase transactions of real estate, vehicles, shares, and others.
   • Real Estate Management: Assigning an individual to manage properties such as collecting rent or communicating with specialized authorities. 
3. Judicial and Administrative Matters:
   
   • Legal Representation: Authorizing a person, usually a lawyer, to represent the principal before courts and government entities.
   • Transaction Follow-up: Completing complex government transactions on behalf of the principal to save time. 
4. Estate and Inheritance Management:
   
   • Division and Distribution of Inheritance: Granting the agent special powers to manage, liquidate, and distribute the estate among heirs. 
5. Banking Affairs:
   
   • Joint Accounts: Enabling the agent to access accounts and be able to dispose of them.

Uses of Power of Attorney for Companies:

1. Company Establishment:
   
   • Deputizing a person to complete registration and licensing procedures on behalf of founders who are unable to attend.
   • Completing complex transactions with government entities and economic departments efficiently. 
2. Daily Affairs Management and Transactions:
   
   • Authorizing a manager or agent to carry out transactions in the administrative and legal context on behalf of the company.
   • Communicating with government entities to submit documents, obtain permits, and renew them.
   • Providing logistical support and business continuity. 
3. Legal and Judicial Representation:
   
   • Authorizing (a lawyer) to follow up on judicial cases and defend the company’s interests before courts.
   • Conducting dispute settlement or filing lawsuits on behalf of the company. 
4. Contracting and Signing:
   
   • Enabling a person with the authority to conclude commercial contracts and agreements on behalf of the company to ensure business flexibility. 
5. Service Agency (within Free Zones and Foreign Projects):
   
   • Authorizing a local service agent to complete procedures and provide necessary support to the foreign investor. 
6. Tax Affairs:
   
   • Special authorization to assist taxpayers in their obligations and provide information to the Federal Tax Authority. 

Risks in Case of Absence of Power of Attorney or Its Misuse:

• Suspension of individual or company work and obstruction of interests: No one can execute procedures on your behalf such as signing documents or receiving papers.
• Exposure to Fraud: With a general formula, the agent can act incorrectly, especially in cases of dispute in price determination situations, making it in their favor.
• Bearing Legal and Financial Responsibilities: This happens to you as a result of a person’s actions in your name without an official contract or failure to officially notify other parties of contract termination, causing you obligations or taxes.
• Invalidity of Actions: Transactions may be invalidated if they lack essential conditions such as price determination within the sales contract, leading to lengthy judicial disputes.
• Suspension of Procedures and Request for Legal Intervention: In case the agency ends with the death of one of the parties, the agency terminates with the death of the agent or principal or loss of capacity and the need for intervention with heirs or guardians. 

Types of Legal Powers of Attorney in the UAE.

The main types of legal powers of attorney in the UAE are as follows:

Power of Attorney Name	Brief Description	Basic Powers	Types	Common Use Cases
General Power of Attorney		The agent enjoys unlimited powers within several fields.	–	– Principal’s absence for a long period.- Following up on commercial business and financial transactions.- Property management.- Company establishment in free zones.
Special Power of Attorney:	Includes performing specific tasks and orders in a specific field.	Completing tasks on behalf of the principal in a specific case and clearly for what is required.	Varies according to the required case.	– Marriage documentation.- Proceeding with divorce, alimony, and custody procedures.- Handling inheritance affairs.- Children’s travel procedures.
Real Estate Power of Attorney:	Specializes in real estate affairs from sale, purchase, lease, maintenance, and others on behalf of the principal.	– Facilitating the sale and purchase process in the absence of the principal.- Executing proper registration procedures correctly.- Receiving on behalf of the principal the title deed after completing the sale.Signing purchase contracts and concluding them.Paying fees resulting from the purchase process.Concluding and renewing lease contracts, receiving deposits, and determining requirements.Agreeing with technicians and contractors to repair defects and maintain the property.Representing the owner before government entities, land registry, courts, and any other entities related to the property.Connecting utilities (water, electricity, telephone, gas) to the unit and receiving related contracts.Collecting rents, managing property budget (expenses, insurance, taxes), and signing required documents for that.	– Power of attorney to sell the property.- Power of attorney to purchase property.- Power of attorney to register and transfer ownership.- Power of attorney to manage the property (rent — maintenance — represent the landlord).	– Absence or illness of the principal.- Principal’s need to complete sale and purchase operations.- Property management or any registration and delivery procedures.
Banking and Financial Power of Attorney:	Authorizing a person to handle specific banking procedures.	– Opening and closing bank accounts.- Depositing in accounts, withdrawing from them, and signing checks.- Obtaining loans and banking facilities.- Managing and following up on investments and stocks.- Disposing of any financial assets.	– Power of attorney to open or close an account.- Power of attorney to withdraw or deposit.- Power of attorney to obtain loans.	– Travel or residence outside the country.- Authorizing a manager for companies and business owners.- In illness or inability.- Complex legal purposes.
Vehicle Power of Attorney:	Issuing an official power of attorney in the form (general or special) to handle the principal’s vehicle affairs, whether transfer, sale, or purchase.	– The agent presenting the vehicle for sale, signing the sale agreement, negotiating, and receiving the vehicle price.- Completing ownership transfer procedures with specialized entities such as the Roads and Transport Authority.- Signing a vehicle sale contract on behalf of the principal.Renewing licenses for the vehicle.	– Power of attorney to sell the vehicle.- Power of attorney to purchase a vehicle.- Power of attorney to transfer ownership.	– Travel or being in a distant location.- Health conditions preventing the principal from following up on their affairs.- Expiration of vehicle license validity.
Power of Attorney for Lawsuits and Courts	A legal document granting someone (usually a lawyer) on behalf of the principal before courts.	– Establishing, amending, or liquidating companies.- Filing lawsuits and pleading in them (civil, Sharia, commercial, criminal).- Representing individuals and companies before courts in appeals and enforcement.	– Power of attorney for judicial representation.- Power of attorney to file a lawsuit and defend it.- Power of attorney to follow up on legal business.	– Personal status cases.- Financial and real estate transactions.- Business and company cases.- Government and administrative procedures.- Judicial affairs and disputes.
Medical Power of Attorney	Official authorization and legal power of attorney from a patient to another person to carry out a medical, financial, representative, or administrative procedure, and others	· Consent to treatment· Medical representation· Managing various insurance claims· Providing necessary medical information· Financial dispositions· Signing documents	– Medical power of attorney- Medical financial power of attorney- Medical administrative power of attorney- Medical representative power of attorney	· Making treatment decisions instead of the principal· Communicating with hospitals and participating in medical meetings instead of the principal· Settling, processing, and paying medical claims on behalf of the principal or the insurance company· Managing health insurance programs· Granting or receiving medical information related to the patient and exchanging it with concerned entities and parties· Signing documents related to medical treatment· Managing various financial matters related to treatment such as paying bills
Personal and Family Power of Attorney.	Authorizing a person or lawyer to carry out cases and procedures for personal and family matters.	– Following up on inheritance distribution process.- Documenting marriage on behalf of the principal.- Completing divorce matters and documenting it.- Obtaining custody and alimony rights for the principal.- Obtaining travel consent for a child.	– Travel consent for children.- Marriage power of attorney.- Divorce power of attorney.- Custody power of attorney.- Alimony power of attorney.· Inheritance power of attorney.	– Need to obtain travel statement or travel power of attorney and approvals.- Family and inheritance business.- Real estate transactions.- Financial and banking affairs.- Cases and legal follow-ups.
International Power of Attorney for Use Outside the Country	Power of attorney for all cases that the principal needs to use outside the country.	– Following up on all legal affairs and government procedures.- Managing accounts, withdrawing or depositing money, closing or opening accounts by proxy for the principal.- Following up on lawsuits.- Managing and liquidating an estate on behalf of heirs.- Power of attorney to complete marriage, divorce, custody, or alimony procedures	– International real estate power of attorney.- International family power of attorney.- International real estate power of attorney.- International vehicle power of attorney.	– Everything related to vehicles and real estate.- Children’s travel cases.- Business and company cases.- Banking and financial cases.- Family affairs.- Government procedures.
Commercial Power of Attorney (Companies)	Official authorization specific to managing company affairs from exclusive distribution, import and export of products, and signing commercial contracts for its work	– Following up on the establishment process with all its procedures.- Assisting companies in managing bank accounts.- Managing human resources and immigration transactions.- Obtaining licenses for registering the commercial agency and the company’s commercial name.- Negotiating and managing contracts and signing agreements for commercial business.- Ability to dispose of shares	– Power of attorney to establish companies- Power of attorney to manage the company- Power of attorney for commercial registration and license- Power of attorney to transfer or sell shares and quotas- Power of attorney to sign contracts and agreements	– Completing company establishment procedures from negotiation, signatures, and others.- Handling the operation and management of various company business.- Reserving a trade name and obtaining necessary licenses.- Completing share ownership transfer process.- Signing necessary agreements and contracts.- Opening accounts and managing banking operations instead of the client.- Providing employment solutions, managing employment contracts, and requesting consultations

Conditions for Valid Power of Attorney in the UAE.

Identity of Principal and Agent.

The Emirates identity for both parties to the power of attorney must be present with verification of its validity.

Proper Legal Drafting.

One of the most important conditions for valid power of attorney is through accurate drafting in an approved legal form and in Arabic language with specific and clear mention of the granted powers.

Limits of Powers and Duration.

The agent’s powers and tasks to be assigned to them must be specified, paying attention to precisely and clearly restricting their duties, as well as determining the validity period of the power of attorney and not omitting that.

How to Issue Power of Attorney in the UAE.

Issuance Steps Through Notary Public are as follows:

• Choosing the type of agency that suits the powers to be granted to the agent and the desired objective to be achieved.
• Drafting and writing the agency text clearly, precisely, and drafted in Arabic language with full display of the principal and agent’s data and mentioning the scope of powers provided in detail.
• Authenticating the power of attorney at the notary public office and Dubai Courts or authentication at smart authentication centers immediately to ensure proper operation of the agency within the Emirates.
• When wishing to use the power of attorney externally, it must be certified at the Ministry of Foreign Affairs in Dubai.
• Then officially certify it by the embassy or consulate of the foreign country where it is desired to work in the Emirates and complete the final accreditation of the agency.
• After completing all procedures, the agency is delivered to the agent wherever they are located.

Issuance via Smart Application (Electronic Authentication) follows these steps:

1. Creating an account with the competent authority: Create an account in the electronic portal of the concerned entity (Dubai Courts, for example) using your digital identity account.
   
   
2. Submitting the application electronically: Specify the type of document desired to be authenticated (power of attorney, contract, etc.), then enter the details and attach the required documents online.
   
   
3. Meeting with the notary public: You will be sent a notification to set an appointment for a virtual meeting. 

Required Documents:

• Valid identity card or valid passport for both parties, principal and agent.
• Any documents specific to the type of power of attorney and supporting it.
• Reliable and certified legal translation of documents in Arabic language if the agency is in a foreign language.

Authentication and Certification of Power of Attorney.

Authentication Within the UAE.

It is done through the following steps:

1. Legal Drafting: The power of attorney text is prepared in Arabic (or with official translation) and powers are clearly defined, and it must be primarily in Arabic. 
2. Going to the Notary Public:
   
   • Notary public centers within courts (Dubai, Sharjah, Abu Dhabi) or in smart centers.
   • Electronically through applications affiliated with the Ministry of Justice or through electronic services such as UAE Digital Identity. 
3. Required Documents:
   Submitting required documents such as passport, national identity, and others. 
4. Starting Procedures:
   
   • Attendance of both principal and agent or one of them depending on the type of power of attorney before the notary public or attendance through electronic platforms.
   • The notary public verifies the principal’s full awareness and understanding of the agency content.
   • Signing the document before the authenticating official.
   • Paying fees.
5. Issuance:
   The agency is issued, stamped, and official copies are given to both parties. 

Consular Certification:

Certification is used if the power of attorney is used outside the UAE or the agency is made abroad for use in the UAE. Consular certification of the agency to be used outside the UAE is done as follows:

• Authenticating the power of attorney locally at a notary public (government or electronic).
• Certification by the Ministry of Foreign Affairs and International Cooperation in the UAE.
• Certification by the embassy or consulate of the country where the power of attorney is to be used.

Apostille for Countries Signatory to The Hague.

Apostille certification follows according to The Hague Convention as follows:

• Documents issued by a country signatory to The Hague to be used in the UAE:
  
  • If the document (birth certificate, university degree, marriage…) has an apostille stamp from a country such as the United States, Germany, France, or any other party to The Hague Convention, you will need to have it certified by the UAE embassy or consulate in that country, or by the UAE Ministry of Foreign Affairs later. 
• Documents issued by the UAE for use in countries signatory to The Hague:
  
  • The UAE is not among the signatory countries, so all your UAE documents (birth certificates, marriage, university certificates, or experience) require traditional certification by the Ministry of Foreign Affairs in the UAE, then certification by the concerned foreign country’s embassy in the UAE, or apostille certification if there is a new bilateral agreement, which is currently being circulated regarding “electronic apostille” between the UAE and specific countries to simplify procedures.

When Do You Need Legal Translation for Power of Attorney?

The importance of needing legal translation is evident in the following:

• Government procedures: By submitting them to embassies, ministries, land registry offices, or any government institution in another country.
• International commercial transactions: In case of cooperation with foreign partners or desire to invest abroad, to ensure clear and explicit understanding of rights and duties.
• Real estate transactions: To rent, purchase, or sell real estate in another country.
• Inheritance cases: To complete inheritance procedures in several different countries.
• Legal disputes: We need it in international courts or if there are two parties with different languages.
• Cases where one of the parties speaks a foreign language: A certified translator is required to ensure complete understanding of the power of attorney.

International Power of Attorney for Use Outside the UAE.

Countries That Require Apostille.

Countries that require apostille certification are all member countries of The Hague Convention of 1961, which includes the vast majority of European countries, North and South America, Australia, and an increasing number of Asian and African countries, such as Canada, Japan, China (Hong Kong and Macau), Australia, South Korea, Russia, France, Germany, Turkey, Spain, Morocco, Argentina, Brazil, and Tunisia. If the country receiving the power of attorney is not a member of the convention, apostille is dispensed with and documents must be certified through traditional consular certification.

Countries That Require Embassy Certification.

• Gulf and Middle Eastern countries: Saudi Arabia, UAE, Kuwait, Syria, Qatar, Iraq, Egypt, Jordan, Lebanon, Yemen.
• Asian and African countries: China, India, Malaysia, Pakistan, Russia, Turkey, Nigeria, South Africa, Tunisia, Morocco, and others.
• Some European and American countries: Require additional certification even if they follow apostille certification in certain cases and circumstances such as Canada, Brazil, United States of America, and others (require certification at the US Department of State then the embassy).

Problems of Non-Acceptance of Power of Attorney Abroad.

• Lack of judicial agreements: Absence of a judicial cooperation treaty between the UAE and a foreign country constitutes a major barrier.
• Judicial specialization: The foreign country may view that the UAE court did not have jurisdiction to hear the dispute in the first place.
• Conflict with public order: If the content of the power of attorney or any actions arising from it conflicts with the laws, values, and main principles of the foreign country.
• Defect in formal procedures and authentication: Incomplete certification requirements (translation, or certification from embassy or consulate) or existence of errors within its data.
• Document not final: If the power of attorney was not final or not fully authenticated according to internationally recognized systems.
• Amendment of local laws: A number of countries require that the power of attorney be issued according to their laws or be certified locally after its arrival.

Power of Attorney Guide by Country.

UAE Power of Attorney for Egypt — Issuance and Certification Steps.

Detailed steps for issuance and authentication from the UAE:

1. Proper legal drafting: Prepare the power of attorney text according to Egyptian law and in Arabic, and determine powers accurately. 
2. Initial authentication (in the UAE): 
   • By private/public notary: Submit documents (passport/national identity) and sign the power of attorney before the Emirati notary.
   • Electronically (remotely): Some entities offer full electronic authentication through video calls and electronic signature, and send the power of attorney text in PDF format.
3. Certification by UAE Ministry of Foreign Affairs: The power of attorney is certified by the Ministry of Foreign Affairs in the UAE (MOFA) after initial authentication. 
4. Accreditation by Egyptian Consulate: Submit the certified power of attorney to the Egyptian consulate in Dubai to be stamped and accredited for use in Egypt. 
5. Delivery: After completing certification, it is delivered to the agent directly. 

UAE Power of Attorney for India — Requirements and Procedures.

Basic Requirements:

• Original valid passport.
• Original Emirates identity card (for residents).
• Copy of agent’s identity in India (name, address, number).
• Detailed data for power of attorney text.
• Board resolution or any supporting commercial documents in case of company power of attorney.

Procedures:

1. Preparation and drafting of power of attorney:

• Precisely determine the power of attorney content (general, special, financial, real estate, etc.).
• Seek expertise of lawyers or private notary public experts for proper legal draft drafting.

1. Authentication of power of attorney in the UAE:

• Going in person to a notary public in court or to an authentication office with original documents attached.
• Online authentication with private notary public services remotely.

1. External certification (if direct electronic authentication is not done):

• Certification by UAE Ministry of Foreign Affairs (MOFA) following notary public authentication.
• Certification by Indian Consulate to certify it and allow its use in India.

1. Delivery:

• The agent is delivered the fully certified power of attorney to begin using it in courts or concerned entities.

UAE Power of Attorney for Pakistan — How to Certify.

1. Preparation of power of attorney: The power of attorney is prepared accurately and can be assisted by experts from lawyers or private notary public. 
2. Authentication of power of attorney in the UAE: Either electronically by remote video with notary public or personally by attending the notary public office. 
3. External certification: Certification by UAE Ministry of Foreign Affairs (MOFA) then by Pakistani Consulate to certify it and allow its use in India. 
4. Delivery: 

• The agent is delivered the fully certified power of attorney to begin using it in courts or entities.

UAE Power of Attorney for Philippines — Required Documents.

Required documents (generally):

• For the principal: 
  • Passport (original and copy) valid.
  • Emirates identity card (original and copy) for residents.
• For the agent: 
  • Valid passport (original and copy).
  • Emirates identity card (for residents) (original and copy).
• Contact data for both parties: 
  • Valid email addresses and phone numbers for principal and agent.
• Supporting documents (according to type of power of attorney): 
  • Original property ownership documents.
  • Bank statement or letter from the bank.
  • Data: Lawyer and scope of power of attorney.
  • Commercial license, establishment contract.
• Power of attorney format: The power of attorney text is submitted in English language attached with official Arabic translation, or submitted in Arabic. 

UAE Power of Attorney for Bangladesh — Issuance and Authentication.

1. Preparation of power of attorney: The power of attorney is written and prepared accurately and can be assisted by experts from lawyers or private notary public. 
2. Authentication of power of attorney in the UAE: Either electronically by remote video with notary public or personally by attending the notary public office. 
3. External certification: Certification by UAE Ministry of Foreign Affairs (MOFA) then by Bangladeshi Consulate to certify it and allow its use in Bangladesh. 
4. Delivery: 

• The agent is delivered the fully certified power of attorney to begin using it in Bangladesh.

UAE Power of Attorney for Saudi Arabia — Acceptance Conditions.

Among the main conditions for accepting power of attorney in Saudi Arabia:

• Certification: The power of attorney must be certified by a notary public in the UAE (and sometimes by UAE Foreign Affairs) to be legally accepted in Saudi Arabia.
• Principal’s capacity: Notary public verification of individual’s capacity and signature without coercion.
• Translation: Foreign documents attached with certified legal translation to Arabic.
• Use: Power of attorney is valid until canceled with exceptions for some transactions such as real estate sale.

UAE Power of Attorney for Jordan — Authentication Procedures.

1. Preparation of power of attorney: The power of attorney is written and prepared accurately and can be assisted by experts from lawyers or private notary public. 
2. Authentication of power of attorney in the UAE: Either electronically by remote video with notary public or personally by attending the notary public office. 
3. External certification: Certification by UAE Ministry of Foreign Affairs (MOFA) then by Jordanian Consulate to certify it and allow its use in Jordan. 
4. Delivery: 

• The agent is delivered the fully certified power of attorney to begin using it in Jordan.

UAE Power of Attorney for United Kingdom — Certification and Drafting:

Agency drafting:

• Accurate drafting of the task assigned to the agent, and precisely determining their responsibilities and powers.
• Drafting the agency in Arabic with official translation to English.

Certification within the UAE:

• Certification at private or government notary public with presentation of necessary documents.
• Certification at UAE Ministry of Foreign Affairs (MOFAIC) after completing initial authentication.
• Certification at the embassy or consulate for the authenticated agency with prior appointment booking.

Certification within the United States:

• Certification at the UAE consulate or embassy in the United States of America to be certified by the US Department of State.
• Additional procedures depending on the legal agency may require certification before a notary public in the United States or the US Department of State.

UAE Power of Attorney for United States — Official Requirements:

It requires the following:

Original agency document established, signed, authenticated, and registered in the UAE.

Personal documents:

• Copy of valid, clear, and colored passport for principal and agent.
• Copy of Emirates identity card for both parties if present.
• Contact data with both parties.

Other supporting documents:

• Existence of any contracts or documents supporting the agency content (such as company establishment contracts or sale contracts).
• Providing witnesses: The applicant brings witnesses if the document requires it, as the consular official is not allowed to be a witness.

UAE Power of Attorney for Canada — Steps for Recognition of Power of Attorney.

Steps for recognition of power of attorney from UAE to Canada are as follows:

• Accurate preparation of agency draft comprehensive of various party data, subject of power of attorney, powers, and others.
• Preparing a translated copy to the official language in Canada (English or French) with certified translation.
• Verifying existence of complete documents and setting meeting appointment with notary public.
• Completing initial authentication with official stamp from notary public.
• Certifying the agency as a subsequent step by UAE Ministry of Foreign Affairs and International Cooperation (MOFA).
• Then booking an appointment at the Canadian Embassy in the UAE within (Services Office).
• Certifying the agency at the Canadian Embassy in the UAE and paying fees.
• The agency is sent and certified by the Canadian Department of Foreign Affairs (DFAIT).
• The agency is delivered to the agent anywhere.

UAE Power of Attorney for Australia — How to Authenticate.

How to authenticate is summarized as follows:

• Creating a power of attorney draft with powers clearly stated.
• After drafting, the agency is authenticated at a notary public in the UAE.
• UAE Ministry of Justice certification of the agency.
• Certification of the agency by UAE Ministry of Foreign Affairs and International Cooperation.
• Translating the power of attorney document and all attached documents with legally certified translation to English.
• Certification by Australian Embassy as a necessary step for acceptance in Australia and it is the final certification.
• Receiving the certified agency anywhere the agent is located.

UAE Power of Attorney for Russia — Drafting and Translation.

The method of drafting and translation in Emirati power of attorney for Russia is as follows:

1. Drafting and Translation: 
   • Agency drafting and authentication must be done in the UAE in either English or Arabic.
   • Professional and legal translation process to Russian is done through certified translation offices.
   • Drafting must comply with Russian legal requirements and conditions.
2. Authentication in the UAE: 
   • Notary Public: Authentication of the agency form at the notary public in the UAE, general or private.
   • Ministry of Foreign Affairs: Certification of signatures and granting the agency stamp from UAE Ministry of Foreign Affairs (MOFAIC).
3. Certification at Russian Consulate: 
   • Documents issued from the UAE are finally certified for use in Russia at the consular section of the Russian Embassy in Abu Dhabi.

UAE Power of Attorney for European Countries — Apostille Requirements.

Emirati powers of attorney to be used in European countries require apostille certification and among the most important requirements for apostille:

• Original documents: The document to be certified (power of attorney) should be original and issued by an official and authenticated entity.
• Clarity: Verifying existence of all stamps and signatures on the original document clearly.
• Document type: Legal powers of attorney are considered public documents and fall under provisions of The Hague Convention, which entitles them to obtain apostille stamp.
• Membership of receiving country: Verifying that the European country where the power of attorney will be used is a party to The Hague Convention, which most European countries achieve.
• Local certification of document: The power of attorney should be certified by notary public in the UAE then Ministry of Foreign Affairs to be granted apostille stamp.
• Translation: The power of attorney must be translated to the language of the receiving country with its certification as well and attached to the apostille-certified power of attorney.

Expiration of Power of Attorney Validity and Its Cancellation.

How to Officially Cancel Power of Attorney:

How to cancel power of attorney in Dubai is as follows:

• Verifying the possibility of verifying the possibility of canceling the agency.
• Submitting cancellation request either personally to private or public notary public in Dubai for types of powers of attorney issued by notary public. Or electronically for powers of attorney issued by Ministry of Justice through the electronic portal of the Ministry of Justice or through the Judicial Department or using the governmental Sahl application.
• Documenting the cancellation after examining documents within the legal system by the notary public.
• Paying fees allocated for the cancellation process completely.
• Notifying the agent of cancellation by sending a certified judicial notice.
• Notifying concerned authorities where the power of attorney is used of its cancellation to confirm legal cancellation of agent’s powers and non-acceptance of subsequent actions from them.

Does Power of Attorney Expire Automatically?

Yes, power of attorney can expire automatically in the following cases:

• Completion of work: Power of attorney ends as soon as the assigned task is completed.
• Expiration of period: It ends with the expiration of the period specified in the power of attorney and it was not renewed.
• Death or loss of capacity: Death of principal or agent, or insanity of one of them, except if the agency was for the benefit of a third party.
• Principal’s cancellation of power of attorney: The principal has the right to cancel the concluded agency at any time (in absence of third party right) through official notice.

Common Errors in Powers of Attorney.

Common errors in legal powers of attorney are numerous, among the most prominent:

Imprecise drafting of agency terms: It is one of the most common errors through using broad general phrases such as (managing various principal’s affairs), which makes the field open to legal interpretations that may harm the principal.

Ignoring time specification for agency: Often the agency is drafted without determining a period for its validity, which may result in its continuation for prolonged years after the relationship between principal and agent stops.

Granting powers exceeding actual need: It is a repeated error as the agent is given vast powers that do not match the required task.

Non-certification of agency: Omitting to certify the power of attorney at official entities such as notary public or embassies deprives the agency of legal recognition.

Errors in personal data: Existence of an error in entering the full name, writing identity number, or property details, leading to agency invalidity or refusal to execute it.

Omitting legal restrictions specific to real estate: Not including limited conditions for sale or mortgage may result in considerable financial losses.

Using old or expired power of attorney: Official entities reject powers of attorney that are not valid, which delays transactions.

Ignoring agency limits in judicial representation cases: Not every agent can plead before courts, as this is limited to licensed lawyers.

Misuse of Power of Attorney.

The principal may face misuse of general or special legal agency by their agent, and among the main manifestations of agency misuse are the following:

• Financial exploitation: Money may be stolen or traded in unauthorized sale or purchase operations or used in unauthorized investments to achieve the agent’s personal gains. In addition to facing leakage of financial data specific to the principal.
• Identity theft: Agent’s use of principal’s identity to open bank accounts or open insurance products or credit identities.
• Medical exploitation: The agent exploiting the principal’s medical insurance by embezzling medical care funds or randomly setting medical appointments and taking unauthorized gains for themselves.
• Making decisions without referring to the principal: Determining decisions by omitting the principal’s approval or hiding unexplained or ambiguous documents from signing.
• Using and exploiting power of attorney after the principal’s death: This falls under forged power of attorney in the UAE with the agent’s knowledge of death and this is an explicit crime punished with severe penalties.
• Not fulfilling the principal’s interests: This is manifested in the pressure on the principal to sign negotiations or reconciliation and others that affect their interests which are supposed to be protected.

Wrongful or Incomplete Drafting.

This usually results from not specifying the agent’s powers accurately or clarifying possible actions. Among its risks:

• Invalidity in actions and any transaction carried out by the agent is invalid and not legal.
• Legal accountability for the agent and exposure to criminal or civil penalties in case of misuse of their powers.
• Delay of procedures and complication of completing transactions due to lack of explicit powers.

Correction method:

• Request to correct a material error submitted to the court or notary public (through notary public office or “e-Notary” platform) to request changing material errors on party data or numbers according to civil procedures law.
• Canceling the power of attorney and issuing a new power of attorney in case of substantial errors or change of circumstances, with sending a judicial notice to the agent and notifying concerned entities.

Power of Attorney Granting Broader Powers Than Necessary.

Granting broader powers than necessary leads to misuse of power of attorney. Among the risks of granting broad powers:

The agent exceeding appropriate power of attorney limits, acting in various issues and multiple fields and not only in specified matters.

Agent’s disposition of properties from sale, mortgage, purchase, or disposition of the principal’s real estate and vehicles without limits.

Agent’s disposition in banking affairs from opening and closing accounts, withdrawal operations, deposit, and signing checks and banking facilities.

Agent concluding contracts in the principal’s name including signing sale and purchase contracts, settlement, lease, and waiver.

Agent taking action with broad judicial representation powers such as filing a lawsuit, negotiating it or waiving it, and representing in various courts and entities.

Comparison Between General and Special Power of Attorney.

The comparison between general and special agency includes the following:

Aspect of Comparison	General Power of Attorney	Special Power of Attorney
Scope of Powers:	With vast, comprehensive and general powers that include all legal matters specific to management for the principal.	With limited powers for a specific task or following specific legal conduct or several limited actions.
Security:	Less secure and dangerous because its holder enjoys very large powers, and may be exploited in actions not requested by the principal.	More secure and less dangerous due to limiting the size of agent’s powers and preventing exceeding the specified framework for the agency.
Optimal Use:	When needing to assign a fully trusted person comprehensively, taking into account its danger.	When needing to assign a specific person to execute a specific and precisely defined work.
Usage Example:	Managing a person’s complete business or properties and managing companies.	Receiving financial dues, selling specific real estate, granting treatment approval, opening and closing an account, following up on a known legal case.

When to Use Each Type?

Special agency is used according to the type of agency desired. In contrast.

General agency is used in the following cases:

Completing legal cases for the principal through legal representation and on their behalf before government entities and all types of courts.

Managing commercial business on a wide scale such as signing contracts and purchasing and selling assets except real estate usually.

Authorizing the principal and representing them in free zones through presence of a local service agent according to general agency to establish companies.

Cases Where Use of General Power of Attorney is Prohibited.

Use of general power of attorney in the UAE is prohibited in certain circumstances upon expiration of its term, or death of principal/agent, or loss of capacity of one of them, or completion of the assigned work, or cancellation of the power of attorney itself by the principal.

It is worth mentioning that it cannot be used in any procedures that require direct interest of the agent or agent’s exploitation of the power of attorney and performing actions exceeding the limits of powers, or in cases of financial or medical exploitation, and work continues with it in cases agreed upon by the principal and agent on non-cancellation as well as in case of third party interest, cancellation is not possible.

Contracts and Agencies Related to Power of Attorney.

Service Agent Contract.

Service agent contract is presented as an official document concluded between a first party, a foreign company, and a second party, an Emirati citizen licensed to work as a service agent. As it entails the obligation of the local service agent to officially represent the foreign company in various legal and civil works to simplify the procedures of its establishment and practice of activities for which the company was established.

The procedures of service agent contract are generally clarified as follows:

• Specifying the commercial activity concerned in practicing it. 
• Selecting the appropriate agent officially authorized. 
• Accurate drafting of a legal service agent contract restricting the responsibilities required to be completed, wages, contract period, and early termination conditions. 
• Officially submitting the application to the competent authority such as the Department of Economic Development and attaching all necessary documents such as national identity, commercial license, and others. 
• Paying legally imposed registration fees. 
• Official certification of the contract at notary public or official competent authorities after digital signature and holding a meeting if necessary. 
• Receiving the digitally registered document or final document after completing procedures. 

Company Management Agency.

Company management agency in the UAE is legal authorization that gives a person called (the agent) powers related to managing the company’s business, called (the principal), on their behalf, and includes comprehensive or specific powers (such as company establishment, daily operations management, dealing with banks, signing contracts, government representation) and is established at notary public and is essential to ensure smooth work.

Types of agencies specific to company management:

• Company establishment agency: Based on which an agent is authorized to sign establishment documents and obtain licenses, and it is useful for non-residents.
• Daily operations management agency: Based on which broad or restricted powers are granted to manage all financial, operational, and employee operations.
• Special agency: In which authorization is given for limited tasks such as signing a specific agreement or representing the company in a specific entity (such as court or customs).

Power of Attorney to Sell or Purchase Real Estate.

Power of attorney to purchase real estate: It is a legal document through which a natural or legal person is approved to carry out real estate purchase operations instead of you. If you are a resident from outside the country or do not have time to carry out real estate purchase procedures, this type of power of attorney ensures transaction execution without the need for personal attendance. Where the power of attorney usually includes powers such as:

• Signing and executing purchase contracts.
• Paying fees arising from this process.
• Continuing registration procedures.
• Receiving title deed after completing the sale.

Power of attorney to sell real estate: It is a legal document through which a natural or legal person is approved to carry out real estate sale operations instead of you, whether your relative or real estate agent. It must be certified at notary public to acquire legal status and enforcement in official entities such as Dubai Land Department or Abu Dhabi Judicial Department.

Where you need a power of attorney to sell real estate in:

• To simplify the real estate sale process regardless of your personal attendance.
• In circumstances of residing outside the country or traveling for a long period.
• To ensure execution of legal procedures in correct form through a trusted agent with specific powers.

Meeting Minutes and Company Liquidations.

Meeting minutes for dissolution and liquidation of a company is known as an official document confirming the participants’ decision to liquidate the company voluntarily and willingly. Where it is considered a fundamentally legal step to cancel the commercial license and must be certified by the notary public to achieve its legal effectiveness. Where minutes of partnership liquidation meeting take the following approach:

• Preparation and preparation of meeting minutes and its signing: The minutes must be written in a precise legal manner and certified by all concerned participants.
• Meeting with the private notary public in Dubai: The meeting is held and the necessary documents are submitted and the partners’ complete approval of the minutes required to be certified is established. Also, the meeting minutes are signed before the notary public by all partners and signing can be done digitally.
• Receiving authenticated documents: After completing certification, the main copy of the stamped and approved decision is issued which can be used at government or judicial entities.
  

Frequently Asked Questions About Power of Attorney (FAQ):

What are the common types of powers of attorney in the UAE?

General and special agency are classified among common types of powers of attorney for legal agencies and special agency branches into several types according to the principal’s need, among the most prominent are banking agency or real estate agency or vehicle agency or company agency or personal agency or commercial agency or judicial agency or medical agency and others.

What is the difference between general power of attorney and special power of attorney?

The fundamental difference between special and general legal power of attorney is in restricting the principal’s powers in the first type in a limited scope unlike the other general type where the agent is given powers on a wide scale.

How do I authenticate power of attorney in the UAE? Can it be done remotely / electronically?

This is done by determining the type of agency first and explicit and clear legal drafting then authentication at the competent authorities in the UAE such as notary public and Dubai Courts and in case of external use authenticated at UAE Ministry of Foreign Affairs. Then authenticated at the embassy or consulate of the country and completing final procedures then delivering it to the agent. Authentication can also be done remotely through services provided by “Smart Notary” which enables signing through video calls and digital documents.

What are the conditions for granting power of attorney (age, identity, mental capacity)?

Both agent and principal must have reached the age of 18 and above which is the legal age of majority. They must also be in full mental powers with understanding of what the power of attorney is and the actions that will be authorized. Also existence of personal identification, identity card or valid passport to verify parties’ identity. In addition to the principal possessing full legal right to dispose of the subject of power of attorney and absence of an obstacle such as legal interdiction.

Does power of attorney remain effective after the principal’s death?

No, generally power of attorney does not remain effective after the principal’s death as it is one of the reasons for agency termination, except for existence of explicit text in the agency contract stating continuity of power of attorney even after the principal’s death especially in self-sale or to others.

Must power of attorney be written in Arabic or is English / bilingual sufficient?

Yes, power of attorney must be written in Arabic in the UAE to have valid legal effect in courts. With preference for drafting it in both languages (Arabic and English) in bank transactions, and it is possible to submit a power of attorney in English attached with certified legal translation in case of external or private uses.

How do I reduce risks of misuse of power of attorney?

This is possible through accurate drafting of the required power of attorney through a power of attorney cases lawyer and restricting the agent’s powers very clearly. Added to that is specifying the work details required to be completed and requesting continuous reports. Authenticating legal power of attorney in the correct manner is also a necessity at general or private notary public for it to acquire legal status. It is also preferable to inform a friend or close person about the power of attorney and know information about it to follow up if necessary.

In conclusion and with this enormous amount of information, we hope to have benefited you with an accurate answer and correct guidance to the solution path for any type of power of attorney you wanted. And considering the importance of legal agency and the size of its use in the life of individuals, companies and institutions, we are keen on your dealing with a distinguished team with experience, accuracy and speed in work within our office, the private notary public in Dubai.

Hurry and book a legal consultation regarding your need and you will receive quick response, accurate reply, and professional and organized work with the aim of completing work professionally. Contact us now and do not let a question roam your thinking without an answer, as we are fully prepared to receive your calls and answer your inquiries around the clock, 24 hours a day, all days of the week.