Special Power of Attorney UAE

A Special Power of Attorney (SPA) in the UAE is one of the most important legal tools for handling personal, business, or legal matters. It allows individuals and companies to delegate specific tasks to another person when they cannot manage these matters themselves.

The SPA grants the agent only the powers explicitly mentioned in the document, unlike a general power of attorney, which gives broader authority. The SPA is recognized as a legal document ensuring that the agent acts within UAE laws.

It is crucial to understand how to notarize a SPA, how to revoke it, and the common mistakes to avoid when preparing one.

Notarization of a Special Power of Attorney in the UAE

A special power of attorney is considered less risky than a general power of attorney because the agent’s powers are restricted to the tasks explicitly stated in the SPA.

The notarization process ensures the SPA is legally valid and enforceable. Steps include:

1. Drafting the SPA: Clearly state the parties involved, their details, the scope of the SPA, and the agent’s powers. Use a specialized lawyer or private notary to avoid errors.
   
2. Preparing required documents: Provide all official documents required; additional documents may be requested depending on the case.
   
3. Meeting the notary: Submit the SPA in person to a public or private notary for verification of documents and the principal’s intent.
   
4. Paying fees: Pay the legal fees for reviewing and notarizing the SPA.
   
5. Receiving the notarized SPA: The SPA is stamped and signed by the notary, and both parties receive a copy.
   
6. International certification (if needed): For use outside the UAE, the SPA can be certified by the UAE Ministry of Foreign Affairs and, if required, authenticated by the embassy or consulate of the other country.

Electronic notarization is also available through Dubai’s private notary services.

Key documents usually required:

• Copies of passports or UAE IDs of both parties.
  
• Company documents if the SPA is issued on behalf of a business: commercial license, incorporation documents, or board resolution.
  
• Other documents depending on the purpose of the SPA.

Common Mistakes to Avoid

To ensure the SPA’s validity, avoid:

• Using vague or unclear language in the SPA.
  
• Relying on outdated templates without updates.
  
• Missing details about parties, SPA scope, or agent powers.
  
• Failing to comply with UAE laws regulating powers of attorney.
  
• Missing or incomplete documents.
  
• Not drafting in Arabic.
  
• Ignoring important clauses such as dispute resolution or SPA validity.

Validity and Revocation of a SPA

A SPA ends in the following cases:

• Completion of the task or purpose of the SPA.
  
• Expiration of the SPA’s duration.
  
• Death or loss of legal capacity of the principal (unless rights are transferred to others, excluding certain cases like mortgaged property).
  
• Death or loss of legal capacity of the agent (unless rights are transferred to others).

The principal can revoke a SPA if allowed by the SPA itself. Steps include:

1. Confirming if revocation is permitted.
   
2. Submitting an official request electronically via the Ministry of Justice portal, Dubai courts, or Sahl Government app.
   
3. Notary verifies documents and records the revocation.
   
4. Paying required fees.
   
5. Notifying the agent through a notarized legal notice.
   
6. Informing relevant entities such as banks or government departments to cancel the agent’s powers.

FAQs

1. What is a special power of attorney?
   A SPA is an official delegation from the principal to an agent to carry out a specific task or act according to the powers stated in the document.

2. What is the difference between a special and a general power of attorney?
   A SPA limits the agent’s powers to specific tasks, while a general power of attorney grants broader authority across multiple matters.

3. When is a special power of attorney needed?
   SPAs are used when an individual or company wants to delegate a specific task formally. Examples include personal matters like marriage or divorce, property sales, company affairs, court representation, or inheritance matters.

4. How is a special power of attorney notarized in the UAE?
   The SPA is drafted with all necessary details, submitted to a notary for verification, fees are paid, and a notarized copy is issued. It can also be certified internationally if required.

5. What documents are required to issue a SPA?
   UAE IDs or passports of both parties; for company SPAs, commercial license, incorporation documents, and board resolution; property documents if relevant; and other documents depending on the SPA’s purpose.

Protect your interests – Get your Special Power of Attorney drafted correctly today!