Whether you need someone to buy or sell property for you in the UAE or represent you in court, there are many situations where you might need to give someone a Power of Attorney (POA).
But what is a Power of Attorney, and how do you get one? This comprehensive guide will walk you through the steps, types of POA, and other important details, ensuring you are well-informed and prepared.
Power of Attorney Meaning
A Power of Attorney in the UAE is a legal document that allows an agent to act on behalf of the principal (the person assigning the POA). The process is simple if the principal is in the same country where the asset is located. However, if the principal is in another country and needs to appoint an agent to manage assets in the UAE, it’s important to ensure the agent understands UAE laws and regulations.
When Do You Need a Power of Attorney in the UAE?
You need a Power of Attorney in the UAE when you have business or official tasks to complete but cannot do them yourself or prefer someone else to handle them.
For instance, you can grant a POA to a lawyer to represent you in court if you have a legal case. Another example is if you live outside the UAE but own property there. You can give a POA to a friend or company to rent out or sell the property for you. The agent can legally sign the sale agreement or Ejari on your behalf.
Types of Power of Attorney in UAE:
Personal Power of Attorney
There are two main types of personal Power of Attorney (POA) in the UAE:
General Power of Attorney
A General Power of Attorney in the UAE is issued by one person (the principal) to another (the attorney). It is commonly given to spouses or friends to carry out various transactions that the principal cannot handle themselves in the UAE. This can include purchasing or managing real estate, setting up a business, or buying other items.
Special Power of Attorney
A Special Power of Attorney in UAE is used when the principal needs the attorney to handle specific tasks, such as selling real estate, vehicles, or company shares. It is also used for other limited-scope transactions.
Types of Special Powers of Attorney in Dubai and the UAE (Personal):
- Property POA: Allows the attorney to buy, sell, lease, or manage property on behalf of the principal.
- Property Dispute POA: Enables the attorney to represent the principal in property-related disputes before authorities like the land department.
- Vehicle POA: Authorizes the attorney to handle vehicle transactions, such as buying, selling, exporting, or renewing registration.
- Marriage POA: Allows an appointed individual to give consent for a marriage ceremony in place of the bride’s father.
- Court Case POA: Permits the attorney to act on behalf of the principal in court cases and appoint lawyers.
- Police Clearance POA: Needed to obtain a Police Clearance Certificate (PCC) from police departments in the UAE.
- Inheritance POA: Assigns authority to the attorney to represent the principal during inheritance proceedings.
- Child Travel POA: Authorizes someone other than the parents or legal guardians to accompany a child during travel.
Corporate Power of Attorney
Corporate POAs are also divided into two main categories:
Company Power of Attorney
Similar to a General POA, but issued by the shareholders of a company to an individual with broad powers to manage the company’s affairs. This includes handling daily operations, hiring employees, and signing contracts.
Special Power of Attorney
Issued by shareholders for specific and limited tasks. The transactions allowed under this POA are clearly listed to prevent the attorney from performing unauthorised activities.
Types of Special Powers of Attorney in Dubai and the UAE (Corporate):
- General Manager POA: Assigns powers to the general manager for handling daily operations, hiring, and signing contracts.
- Local Partner POA: This type of POA grants investors full control of the company’s affairs, similar to a General Manager POA.
- Company Formation POA: Allows the attorney to handle the incorporation process, including filing applications and completing setup procedures.
- Share Sale POA: Authorizes the attorney to sell or transfer company shares on behalf of the shareholders.
- Share Purchase POA: Allows the attorney to purchase company shares and complete all related formalities.
- Business/Assets Sale POA: Empowers the attorney to sell the company’s assets and investments.
- Business/Assets Purchase POA: Allows the attorney to purchase the company’s assets and business.
- Litigation POA: Enables the attorney to represent the company during disputes and appoint lawyers.
Power of Attorney Sample
Notarisation of Power of Attorney in UAE:
You can notarise a Power of Attorney (POA) in UAE through physical (in-person) notarisation or e-notarization.
Physical (In-person) Notarization
- Visit a Notary Public: The principal must visit the nearest Notary Public office in the relevant Emirate.
- Registration Process: The process usually takes about 20-30 minutes.
- Sign the Document: The POA is signed before and registered with the Notary Public.
Power of Attorney UAE Online:
- Video Conferencing: In some Emirates, such as Abu Dhabi and Dubai, the Notary Public can register POAs through video conferencing.
- Dubai and Abu Dhabi Courts: E-notarization is completed by Dubai Courts or Abu Dhabi Courts.
- Acceptance Across UAE: An e-notarized POA will be acceptable throughout the UAE.
How To Get Power of Attorney in Abu Dhabi?
Here are two of the ways in how you can get power of attorney in Abu Dhabi:
Through Typing Centres:
1. Visit an Authorized Typing Centre: Visit a typing centre like Tasheel or Tawjeeh.
2. Provide Identification Documents: Present the Emirates ID and passport copies of the Principal (the person granting the POA) and the Agent (the person receiving the POA).
3. Draft the POA: The typing centre will fill out a special POA form automatically generated by the notary public’s portal.
4. Submit to Notary Public: The typing centre will submit the POA to the notary public via the portal Notary Public Portal.
5. Notary Public Approval: Once approved, a date will be sent to the Principal’s email for a video call with the notary public for authentication.
6. Video Call Authentication: The Principal must show their original identity documents during the video call.
7. Receive Notarized POA: After the video call, the Principal will receive a copy of the notarised POA via their registered email.
Through ADJD Website:
Power of Attorney Online in Abu Dhabi:
- Step 1: Go to the official website of ADJD.
- Step 2: Navigate to the “Notary Public” at the navigation bar
- Step 3: Click “Notary E-Services” in the upper right-hand corner.
- Step 4: Click on “Notary Public and Attestation”.
- Step 5: Click on “Power of Attorney”.
- Select the type of power attorney you want to move with from the options given.
- Go through the service details and, scroll down, click “apply for service”.
- Similarly, follow the instructions to apply for power of attorney online in Abu Dhabi.
Note: Have the POA drafted ready in hand.
How to Get Power of Attorney in Dubai?
Here’s how you can get power of attorney in Dubai:
1. Determine the Type of POA Needed: There are different types of POAs depending on the scope of authority you wish to gran
2. Draft the Power of Attorney: A legal professional should draft the POA to meet all necessary details and legal requirements.
3. Include Essential Information: A valid POA should include:
- Full names and personal details of both the principal and the agent.
- A clear description of the powers granted.
- Duration of the POA (if applicable).
- Signatures of the principal and the agent.
4. Translate the Document: If the POA is drafted in a language other than Arabic, it must be translated by a certified legal translator. Both the original and the translated documents must be submitted.
5. Notarization at the Notary Public: Visit a Notary Public office in Dubai. Notary Public offices are located in various government service centres.
Documents Needed:
- Original POA document.
- Translated POA (if applicable).
- The principal and agent must have identification documents (Emirates ID, passport copies).
6. Verification Process: The Notary Public will check the identities of everyone involved and make sure the principal understands what giving the POA means. The principal and the agent must be present, or the agent can be represented by someone else with proper authorisation.
7. Collect the Notarized POA: After the Notary Public verifies and notarises the document, you will receive the notarized POA. This document is now legally valid and can be used as specified in its terms.
Final Takeaway:
Getting a Power of Attorney in UAE is simple. You must draft the document, get it notarized, and sometimes legalise it in other countries. Follow this guide to make sure your POA is legal and does what you need it to. It’s advised to talk to legal experts to ensure your POA fits your needs and follows UAE laws.
Frequently Asked Questions (FAQs):
Q. Can I Cancel a Power of Attorney in the UAE?
You can cancel a Power of Attorney (POA) in the UAE. Here are your options:
- Complete Cancellation: You can completely revoke the POA.
- Modification: You can revoke the existing POA and create a new one with different terms or a different agent.
Q. What Documents Are Required for Power of Attorney Attestation in Dubai?To attest a Power of Attorney in Dubai, you will need the following documents:
- Original Power of Attorney and a few photocopies
- Original identity documents
- Proof of residence
- List of partners’ names
