Your UAE Power of Attorney is Here

Power of Attorney has become an integral part of personal and corporate documentation across the UAE. The document is frequently used by most people authorizing someone else to carry on transactions in the UAE.

There are two (2) types of powers of attorney that are commonly used in the UAE:

Personal Power of Attorney

There are two (2) types of powers of attorney within this category:

(a) General Power of Attorney

A general power of attorney in Dubai and the rest of UAE is issued by one individual (principal) in favour of another individual (attorney). The principals typically provide a general power of attorney to either their spouses or friends to carry out transactions which they are unable to carry out themselves in Dubai and across the UAE. General powers of attorney are also used for purchasing or managing real estate in the UAE, business setup or to purchase any other items in the UAE.

(b) Special Power of Attorney

A special power of attorney in Dubai and elsewhere in UAE is used in cases where the principal requires the attorney to either sell any specific item such as real estate, vehicles or shares in a company. Special powers of attorney are also used to carry out any other transaction with limited scope in Dubai and other Emirates in UAE.

Types of Special Powers of Attorney in Dubai and UAE (Personal)

Property POA

A Property POA in Dubai and UAE is a legal document authorizing another person (the attorney) to buy, sell, lease, or manage your property in Dubai and elsewhere in the UAE.

Property Dispute POA

A Property Dispute POA in Dubai and UAE allows you to authorize another individual (the attorney) to represent you in the event of a property-related dispute. As the attorney, the appointed individual will represent you before the relevant authorities like the land department.

Vehicle POA

This is the power of attorney for selling your car in Dubai or any other Emirate in the UAE. A Vehicle POA designates another individual to conduct transactions related to your vehicle. These transactions could be anything like buying, selling, exporting, renewing registration, etc.

Marriage POA

A Marriage POA appoints another individual to grant consent in place of the bride’s father for any marriage ceremony taking place in the UAE. The appointed individual, preferably male, must be at least 21 years of age to represent the bride’s father.

Court Case POA

With this type of power of attorney, you can appoint another individual to act on your behalf for any court cases. The designated individual has the authority to appoint lawyers for handling the case in Dubai or any other Emirate in the UAE.

Police Clearance POA

This type of UAE POA is needed for obtaining a Police Clearance Certificate (PCC) before police departments in Dubai or anywhere in the UAE. A PCC can be required to demonstrate good conduct and is usually required for various educational and job-related purposes.

Inheritance POA

An Inheritance POA is a type of UAE power of attorney needed for assigning authority to another person to represent you during the inheritance proceedings of a deceased person. If you are the rightful heir to the property of a deceased person, you may appoint another individual for obtaining probate orders, and completing the probate process.

Child Travel POA

This type of UAE power of attorney authorizes a person other than the parents or legal guardians to accompany a child during travel. Such a POA is considered mandatory for air/sea travel to some countries.

Corporate Power of Attorney

There are two (2) types of powers of attorney within this category:

(a) Company Power of Attorney

This POA is similar to a general power of attorney, but in this case, it is issued by the shareholder(s) of a company in favour of an individual with broad powers to manage the affairs of the company. This POA has all necessary powers for the attorney to act on behalf of the company.

(b) Special Power of Attorney

A special power of attorney for companies in Dubai and other Emirates in UAE is issued by the shareholder(s) in favour of the attorney with very specific and limited power to carry out one (1) or more transactions. The transactions to be carried out under this power of attorney are specifically listed in the POA to ensure that the scope of the document does not allow the attorney to carry out any other transactions.

Types of Special Powers of Attorney in Dubai and UAE (Corporate)

General Manager POA

With a General Manager POA, the company shareholders can assign powers to the general manager of the company. The powers include handling the day-to-day running of the company, hiring and terminating employees, signing of contracts, etc.

Local Partner POA

This type of UAE POA is usually granted by a local partner to grant full control of the company’s affairs to the investors. This type of POA is similar to a General Manager POA and assigns almost the same powers.

Company Formation POA

A Company Formation POA is used by the shareholder to grant powers related to incorporation of the company. These powers typically include filing applications and completing all other procedures related to company setup with the economic department or free zone authorities in Dubai and other Emirates in the UAE.

Share Sale POA

A Share Sale POA in UAE is prepared for the shareholder(s) to assign others the authority of selling/transferring company shares on their behalf. Such a POA authorizes the individual to sign the share sale and other related agreements, and represent the shareholder(s) while completing all procedures related to sale of company shares.

Share Purchase POA

With a Share Purchase POA, the purchaser can assign powers to another individual to sign the share purchase and other related agreements, and complete all formalities related to the purchase of company shares on his/her behalf.

Business/Assets Sale POA

With a Business/Assets Sale POA in UAE, the owner of a company can assign powers to another individual to sell the company’s assets and other investments.

Business/Assets Purchase POA

With a Business/Assets Purchase POA, the purchaser assigns powers to another individual to purchase the assets and business of a company.

Litigation POA

With a Litigation POA, the company can authorize an individual to represent it during disputes and appoint lawyers on its behalf. The individual in this case can be an employee of the company.

The process of notarizing a power of attorney in Dubai and other Emirates in the UAE can be divided into the following simple steps:

1. Preparation of draft

As a first step, a draft of the power of attorney is prepared keeping in view the specific requirements of the person writing the power of attorney (principal).

2. Arabic translation

The POA draft needs to be translated into Arabic language by a legal translator duly licensed by the UAE Ministry of Justice as required by the Notary Public in UAE.

3. Notarization

There are two (2) methods of notarizing a POA in the UAE.

Physical (In-person) Notarization

The powers of attorney in the UAE are signed before and registered with a Notary Public. The principal is required to visit the nearest Notary Public in the relevant Emirate and carry out the registration which usually takes about 20-30 minutes.

E-Notarization

In some Emirates such as Abu Dhabi and Dubai, the Notary Public carries out the registration of POAs through video conferencing. Although the e-notarization is completed for the Power of Attorney by Dubai Courts or Abu Dhabi courts, the e-notarized POA will be acceptable in the entire UAE.

A power of attorney that is required to be used in the UAE can also be signed outside the UAE by the principal. However, after the preparation of the draft, the below process needs to be followed for such power of attorney to be valid in the UAE. It must be noted that this process is applicable for complex powers of attorney where multiple layers of shareholders are involved. For others, we would advise opting for the e-notarization process explained above.

1. Signing/Notarizing before Notary Public

As the first step, the power of attorney is required to be signed/notarized before a Notary Public in the country of residence of the principal.

2. Legalization

After the notarization, the principal is required to attest the document at the ministry of foreign affairs of the country of his residence. Depending upon the jurisdiction, the role of the ministry of foreign affairs may be performed by another government department. This process is referred to as legalization or apostille.

3. Attestation by the UAE Embassy

As the last process of the legalization in the country of origin, the document is required to be stamped by the UAE Embassy or the Consulate. After this step, the document is sent to the UAE for the completion of the legalization process.

4. Attestation by the UAE Ministry of Foreign Affairs

Once the document is received in the UAE, it is required to be stamped by the UAE Ministry of Foreign Affairs.

5. Attestation by the UAE Ministry of Justice

As the last step in the legalization process, the POA is stamped by the UAE Ministry of Justice to confirm that the Arabic translation is carried out by a translator duly licensed by the Ministry. If the translation of the POA is carried out after the attestation by the UAE Ministry of Foreign Affairs, the translation is required to be carried out on the letterhead of the translator along with his stamp. The original POA must be stapled with the translation.

E-Notarization for Powers of Attorney in Abu Dhabi

The e-notarization of POAs in the Emirate of Abu Dhabi is conducted by the ADJD (Abu Dhabi Judicial Department). One must bear in mind that this jurisdiction accepts e-notarization requests from individuals holding a valid Emirates ID only.

The notarization can be completed remotely through a web application such as Cisco WebEx. As part of this process, the principal/signatortory of the Power of Attorney attends a video call with the Notary Public officer at the ADJD. Over the call, the principal’s identity and the powers to be given will be verified.

Shortly after, you will receive your notarized Abu Dhabi power of attorney.

E-Notarization for Powers of Attorney at Dubai Courts Notary Public

The remote notarization process in Dubai is similar to the process adopted in Abu Dhabi. Usually, the verification of the principal’s identity and the powers to be assigned is completed through BOTIM.

It must be noted that Powers of Attorney at Dubai Courts are issued in digital versions only.