Notarization Differences: Power of Attorney in Dubai vs. Power of Attorney in UAE Courts

A Power of Attorney (POA) is one of the most instrumental tools you can have when it comes to delegating authority in the UAE. It is also what grants legal authority to an individual to act on your behalf when you need someone to manage your property, handle your company affairs, or represent you in personal matters. One fact that expats and residents alike tend to overlook is that the process of POA notarization is not uniform across the Emirates. But before delving into the depths of how the process of POA notarization is different across emirates, let’s take a minute to look at why it is important to notarize a POA. 

A stamp of recognition

Unless a POA is validated by a competent authority, it is not valid in the UAE. The process of notarization validates the identity of the principal (or the person granting the POA), ensures that they are acting on their own volition, and makes an official record of the documentation. Without notarization, the POA has no legal standing before the courts, banks, or government entities. 

POA Notarization in Dubai

Dubai has its own dedicated legal framework for notarizing documents, including POAs, through the Dubai Courts Notary Public and, more recently, through government channels. 

1. Digital notarization: One of the most significant features of notarizing a Power of Attorney in Dubai is the fact that individuals can authenticate their document online via video conference with the Dubai Courts. The availability of remote notarization services is particularly beneficial for expats who may not always be physically present in the UAE. 
2. Language requirements: Dubai requires that all POAs be drafted in Arabic or be submitted along with a certified Arabic translation. Bilingual or English drafts are also permitted, but it is the Arabic draft that holds the most legal weight. 
3. Scope of validity: A notarized POA in Dubai holds legal bearing all over Dubai and is recognized by all Dubai government entities. However, should the POA Dubai need to hold validity in other emirates, then it will need to be attested for additional authentication by a body like the Ministry of Justice. 
4. Convenience and speed: Dubai Courts are known for efficiency, with many of the POA notarizations being processed within a day. The digital e-notary system allows applicants to sign in with their UAE pass, upload a draft, and finalize without needing a physical visit in most cases. 

Notarization of POA in the UAE federal courts

Outside the emirate of Dubai, notarization falls under the jurisdiction of the UAE Federal Courts and is overseen by the Ministry of Justice. This process applies to Abu Dhabi, Sharjah, Umm al Quwain, Ras al Khaimah, Ajman, and Fujairah. 

1. In-person requirement: Unlike Dubai’s extensive provision for digital services, the UAE federal courts often require in-person presence for POA notarization. While certain emirates like Abu Dhabi have introduced remote options, they are not as widely accessible as the Dubai remote process. 
2. Wider jurisdiction: One significant advantage of notarizing your POA through the UAE Federal Courts is that the document is acceptable across all emirates. For instance, a POA drafted in Abu Dhabi will be readily acceptable in Sharjah or Fujairah without the requirement for any further attestation.
3. Language requirement: As with Dubai, Arabic remains the primary language for POAs notarized through the UAE federal courts. Certified translations are required if the POA was initially drafted in any other language. 
4. Time frames and legal red tape: UAE Federal Courts may require in-depth paperwork and, in some cases, longer processing times. However, for those who need a POA that is valid across emirates, this may still be a worthwhile trade-off. 

Choosing the right jurisdiction for your POA:

Choosing whether to notarize your POA in Dubai or through the UAE federal courts depends on your professional and personal circumstances. 

• If your assets and activities are primarily based in Dubai, then notarizing your POA through the Dubai Courts may be the most accessible and efficient option for you. 
• If your assets and activities are spread across multiple emirates, then a UAE Federal Court POA notarization could save you from the unnecessary hassle of attestations at a later period. 
• For expats who travel frequently, Dubai’s unbeatable digital notarization service offers unparalleled advantages. 

By understanding the notarization differences between Dubai courts and the UAE Federal Courts, you can ensure that your POAs are notarized and valid when you need them and where you need them.