Individuals and businesses frequently use powers of attorney (POA) obtained in another country or inside the UAE. A more typical occurrence is for someone outside the UAE to give another person authorization to undertake specific acts within the UAE using a power of attorney. It is critical for a principal, who assigns powers, and an agent, who is granted authority, to recognize that a power of attorney produced outside the UAE must be legalized appropriately. If the legalization procedure has not been completed, the government or any other party will not acknowledge a power of attorney prepared overseas. As a result, understanding the legalization procedure in the UAE is critical to making a POA effective in the eyes of the law.

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What is Power of Attorney, and why is it required?

A Power of Attorney is a notarized letter of power given to another person or firm by a person or corporation with authority. It allows them to act for and on behalf of the person or company in different government offices and contractual reasons.

A Power of Attorney gives the attorney the authority to sign in any capacity specified in the POA. It can include the ability to buy and sell property, file legal proceedings, and sign contracts, among other things. Between the person who gives the power of attorney (Principal) and the attorney (The person to whom the authority is delegated), there is a trust relationship.

Who can obtain POA?

The attorney and the person delivering it must be at least 21 years old and in good mental health. Before working on behalf of their clients, lawyers must first get a Power of Attorney. Suppose a resident expatriate, a local citizen, or a guest executes a Power of Attorney in Dubai. In that case, they must sign it in front of a notary public while presenting their original ID (Emirates ID or Passport).

The procedure involved in obtaining Power of Attorney in the UAE from overseas

The process of getting a POA from outside the UAE may appear to be more complicated than issuing one from within the UAE, but it is certainly not impossible. Suppose a Power of Attorney is to be used in the UAE:

i. A notary/magistrate/solicitor in the country of origin must sign the POA, 
ii. Further verified by the foreign office, and 
iii. Approved by the UAE embassy in the country of execution in this case. 
The identical document must next be translated into Arabic in the United Arab Emirates, verified by the UAE Foreign Office, and approved by the Ministry of Justice. Following are the fast and simple methods for preparing a POA from another country for usage in the UAE:

Step 1: Determine which POA you want to use.

POA can be divided into two categories: General and Specific. A general POA allows your designated attorney-in-fact (also known as "agent") to conduct any business on your behalf. Still, a particular POA is restricted to the activities listed in the instrument. Only give a broad POA to someone you trust and capable of executing transactions on your behalf. It's also worth mentioning that, under UAE law, you may only issue a special POA with selling a property in the UAE.

Step 2: Drafting of POA

After you've determined which form of POA is best for your needs, the next step is to get it written. It is, without question, the most crucial step. It's critical that your POA is written correctly and professionally and that it accurately communicates your circumstances. This method reduces the likelihood of a POA being rejected by third parties and/or government agencies at a later point, as well as saving you time and money.

Step 3: Notarization

Your POA will need to be notarized once it has been prepared and suited to your unique circumstances. The procedure of notarization differs depending on where you live. After a principal has authorized power of attorney, it can be signed in front of a Notary Public in the home country.

Step 4: Legalization Procedure

To use the POA in the UAE, the following legalization procedures to be considered:

i. Attestation from the principal's home country's Ministry/Department of Foreign Affairs

Document attestation is required from the nation where a power of attorney was drafted. The home country's Ministry/Department of Foreign Affairs shall certify the paper. Depending on whether a POA is signed, the department or ministry's role in attesting it may be transferred to or adopted by another government department or comparable ministry. However, this role is frequently delegated to a country's MOFA, which is responsible for the stamping and sealing POAs.

ii. Attestation from the UAE Embassy

The next stage in legalizing a POA from another country for use in the UAE is to have it authenticated by a UAE Consulate or Embassy where the legal instrument was signed. A UAE Embassy does attestation regularly.

iii. Attestation from the UAE Ministry of Foreign Affairs/Department of Foreign Affairs

After the appropriate country's UAE embassy has sealed or stamped the POA, it is couriered to the UAE for attested by the Ministry/Dept of Foreign Affairs. If the necessary ministries have already certified the legal document, the UAE MOFA will stamp or seal it to affirm its legitimacy.

iv. Create an Arabic translation of the Power of Attorney

After the UAE Ministry of Foreign Affairs has stamped power of attorney, it must be translated into Arabic by legal translators who have been appropriately licensed and approved by the UAE Ministry of Justice. The content of a power of attorney be translated, and the stamps on a power of attorney are translated. They usually print the legal translation on their letterhead, stamp it, and attach it to the original power of attorney, traditionally written in English.

v. The UAE Ministry of Justice stamps the document

The UAE Ministry of Justice must stamp a power of attorney as the final stage in the legalization process to ensure that the legal translation was completed by legal translators who are properly permitted to do so. The attorney/agent can utilize a power of attorney can be used by the attorney/agent to execute the relevant rights given in the power of attorney once the Ministry of Justice has stamped it. The following procedure might take anywhere from 2-4 weeks, depending on the originals of a power of attorney.

The purpose of this article is to provide a general overview of the subject. If you have a particular situation, you should seek professional counsel. The attestation of a POA might take a long time. Depending on the language of the power of attorney and the backlog of the relevant ministries, it might take two to four weeks. It is recommended that you obtain the assistance of professionals to verify that you are following the POA's legalization procedure appropriately. Experts frequently help customers in getting POAs authorized across different ministries at Notary public Dubai. Don't hesitate to call our team of attestation specialists immediately if you have any questions.

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