The United Arab Emirates is one of the world’s most significant business hubs and thanks to state-of-the-art business infrastructure and quality of life on offer here, it is a destination that attracts expatriates from across the globe. Thousands of individuals and businesses rely on a POA for UAE for a myriad of processes. This post will help you better understand what a power of attorney for the United Arab Emirates or Dubai is, how it is used, and how you can obtain this vital document.
What is a POA for UAE / Dubai?
A power of attorney (POA) is a legal document signed by an individual (the principal) authorising another person (agent or attorney-in-fact) to act on the individual’s behalf in front of third parties. This document is used when you cannot physically be present in the United Arab Emirates for legal processes.
What are the different types of power of attorney in the UAE?
There are two main types of powers of attorney that one can obtain. The one is a general power of attorney, and the other is a special power of attorney.
General Power of Attorney UAE
A general power of attorney for UAE or Dubai authorises an agent to act on behalf of an individual in a variety of situations during a period where the individual cannot be physically present in the United Arab Emirates. This document authorises another person to act on your behalf in general, legal, financial and business matters. These can include any and/or all of the following:
- Purchasing and managing real estate
- Representing the principal at ministries, government departments, and other governing bodies
- Incorporating legal entities
- Purchasing shares in legal entities
- Signing contracts and other documents
- Purchasing vehicles
- Representing the principal in legal issues and hiring lawyers
Special Power of Attorney UAE
Special power of attorney in Dubai or UAE authorises an agent to act on an individual’s behalf only in specific situations. Some situations might see third parties requesting a special power of attorney that specifies the details of a transaction where the agent represents the principal. Special POAs are generally required for cases including only one of the following, or a specified set thereof:
- Real estate sales
- Sales of shares in legal entities
- The sale of vehicles
- Inheritance matters
- Property disputes
- Consent by a guardian for marriage
- Consent for travel of minor children (younger than 21 years) with a person other than the legal guardian
Who needs a power of attorney for UAE?
Individuals that cannot physically represent themselves in the United Arab Emirates or Dubai will need a general or special power of attorney for the following uses:
- Registering a property with the Dubai Land Department
- Applying for Oqood Certificates (pre-title deeds for off-plan units) and/or title deeds (for completed properties) and collection of these documents.
- Obtaining No Objection Certificates from developers
- Signing contracts in the UAE and Dubai
- Completion of a property transfer process
- Registration with utility companies
- Buying or selling shares
- Getting documents attested at government authorities, embassies, and consulates.
This list is not exhaustive but summarises scenarios where a power of attorney for UAE or Dubai will be required.
How can I get a general or special power of attorney in Dubai or the UAE?
A POA is only valid if it is signed and registered with a notary public in the United Arab Emirates. However, you may still sign a power of attorney before a notary public in your country of residence if you follow the process of legalisation to validate the document for use within the UAE and Dubai.
Seeing that the UAE is not a signatory to the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents, you cannot have your document legalised with an apostille. To get your POA authorised for use in the UAE, it has to go through a multi-tiered process to provide a guarantee that it is genuine and contains truthful and correct information. These steps include:
Your document has to be signed before a notary public in your country of residence as a means of confirming the authenticity of all signatures on the document. This process is referred to as notarisation. Although the POA is typically printed in a plain A4 size paper, the notary public might require (i.e. when applying for power of attorney at the Dubai Indian consulate) the document to be printed on a stamp paper in line with local stamp duty laws.
2. Attestation in your country of residence
After your document has been signed before a notary public, it must be attested by the Ministry of Foreign Affairs in your country of residence. The ministry cross-checks the details of the notary public before the document can be attested to give it legal standing on an international level.
Once your document has been attested, it is submitted to the UAE Embassy or Consulate for certification. After ensuring that the document has been notarised and attested, the document is certified. Once your document has been certified by the UAE Embassy in your country of residence, it is taken to the UAE/Dubai for certification by the Ministry of Foreign Affairs as a means of verifying that all three steps in the process have been duly completed. After the Ministry of Foreign Affairs certifies your document, it becomes valid for legal use in the United Arab Emirates.
The Ministry of Foreign Affairs must first certify your POA before it can be translated into Arabic. The Arabic translation of your Dubai POA is attached underneath your original English POA.
5. Attestation by the Ministry of Justice in the United Arab Emirates
The UAE Ministry of Justice must certify your POA document’s Arabic translation to confirm that translators approved by the Ministry of Justice have completed the legal translation. Authorities, government departments and third parties will only accept your document once this last step is finalised.
What Apostil.co.za does regarding POA for UAE / Dubai
A power of attorney is a legal document that grants another person authority to act on your behalf when you cannot do so personally. Scenarios where a POA for the UAE might be necessary are endless. Still, the most general uses include the disposal of personal property, real estate management and the representation of your interest before authorities and third parties in your absence.
At Apostil.co.za, we offer a comprehensive range of Power of Attorney (POA for UAE) services, including drafting, representation, translation, legalisation, and related services. Our team can prepare your POA forms for use in the United Arab Emirates and Dubai. Because we know that each client has unique needs, we do not make use of generic templates. We tailor each Power of Attorney according to individual needs and can handle urgent POA for UAE requests.
If you cannot attend to formalities to complete transactions and want to save travelling expenses and time, Apostil.co.za can help you with your POA for Dubai and the UAE!