It may appear that issuing a power of attorney for everyday transactions within the United Arab Emirates is a simple, routine procedure. However, practical reality shows that a large number of powers of attorney are rejected or challenged not because of the granted authorities themselves, but due to defects in proving the identity of the principal or the agent, or because of discrepancies in data or signatures.
Although these matters may seem merely formal, their legal consequences are serious and may lead to the invalidity of the power of attorney or to it being disregarded by official and judicial authorities.
Legal Basis of the Identity of the Parties to a Power of Attorney
The identity of the principal and the agent constitutes the fundamental pillar of any valid power of attorney under UAE law. No delegation is recognized unless it is issued by a clearly identified person in favor of a known agent, with official and unambiguous data.
Identity here does not mean the name alone; rather, it represents the legal link to which the act is attributed and through which the power of attorney acquires its probative value before government authorities and third parties.
Required Identity Elements in a Power of Attorney
For the identity of the parties to be legally valid, the following details must be clearly stated and must match the official documents:
- Full name as stated in official records
- Nationality
- UAE ID number or passport number
- Issue and expiry dates of the identification document
- Any additional data required by the notarizing authority for identity verification
Any omission or discrepancy in these details may result in rejection of the power of attorney or a challenge to its validity.
Importance of Matching Identity Data
Consistency between:
- The power of attorney text
- Official identification documents
- The approved signature
is a fundamental legal requirement, not a mere formality.
Competent authorities are keen to:
- Review the original identification of the principal
- Match the data exactly
- Verify the signature when required
Because even minor discrepancies may weaken the evidentiary value of the power of attorney and expose it to dispute.
Legal Capacity of the Principal and Its Effect on Validity
In addition to identity, the principal’s legal capacity is an essential condition without which a power of attorney cannot exist.
Capacity is established if the principal is:
- Of legal age
- Of sound mind
- Not subject to guardianship or any legal restriction
Without such capacity, the power of attorney is subject to annulment or invalidity, even if all formal requirements are met.
Limits of Capacity
Even where capacity exists, delegation is valid only within the legal rights owned by the principal. Any excess beyond those limits may render the power of attorney unenforceable.
Conditions for the Validity of a Power of Attorney in the UAE
Merely drafting a power of attorney in writing is insufficient. Both substantive and formal conditions must be met together.
First: Substantive Conditions
- Issuance by a principal of known identity and full legal capacity
- Clear definition of powers and their scope
- Lawful subject matter of the power of attorney
- Free and sound consent, free from coercion, fraud, or material mistake
Second: Formal and Notarization Requirements
Official notarization grants the power of attorney its enforceability against third parties and aims to:
- Verify identity
- Confirm legal capacity
- Regulate and define delegated powers
Role of the Notary Public in Power of Attorney Notarization
The notary public is the competent authority responsible for verifying:
- The identity of the principal
- The soundness of their legal capacity
- Consistency of official data
- Clarity of the power of attorney text and its compliance with the law
Notarization Requirements
- Personal attendance of the principal, or attendance via approved remote means
- Submission of an original, valid official identification document
- Signing before the competent authority
Legal Effect of the Official Signature
The official signature constitutes conclusive evidence of the principal’s consent and approval of the power of attorney’s contents. It must:
- Match the official identification
- Be clear and free from erasures or alterations
- Be notarized in accordance with approved procedures
Any defect in the signature may lead to a challenge against the power of attorney or its rejection.
Invalidity of a Power of Attorney Under UAE Law
A power of attorney is deemed invalid if any of its essential elements is missing, particularly:
- Identity
- Legal capacity
- Signature
- Proper notarization
The effect of invalidity is not limited to the relationship between the principal and the agent, but extends to all acts carried out pursuant to the power of attorney.
Frequently Asked Questions on Proving the Identity of the Parties
- What document is required to prove identity?
An original, valid official document such as a UAE ID card or passport. - Is a copy of the ID acceptable?
No. The original must be presented at the time of notarization. - Is the agent required to be present?
No. The presence of the principal is sufficient unless otherwise required. - What if there is a discrepancy in the data?
This may lead to refusal of notarization or a challenge to the validity of the power of attorney.
It is therefore clear that a legal power of attorney in the UAE is not a mere formal document, but a precise legal instrument based on clear identity, full legal capacity, a valid signature, and proper notarization. Any defect in these elements may completely deprive the power of attorney of its legal effect.
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