The power of attorney is a document that allows a person to act on behalf of another person. If the document is supposed to be used in another country, then the same must be notarized by the notary public of that country to make it acceptable by law. The power of attorney made for someone in another country is a special power of attorney in the UAE and it has to be notarized by the Notary Public Dubai. In this article, we will be detailing how this special power of attorney in the UAE can be made and how it can be attested by the notary public.
Many times, there are situations when people are unable to be physically present for signing important documents or to perform certain financial transactions. In such cases, they appoint an agent to act on their behalf. To make such appointments, power of attorney is drafted and signed and the agent can only act as per the terms and conditions as defined in the power of attorney.
The two most important questions to ask for getting a special power of attorney in the UAE for someone in another country?
Before drafting a power of attorney in the UAE for someone in another country, one must enquire about the following most important questions. This ensures that the process of forming this special power of attorney is smooth. These questions are listed below-
- What is the wording that shall be mentioned in the document?
It is of utmost importance that the document has been carefully prepared and is in line with the instructions and the local law that is applicable. For the power of attorney to be legally enforceable, it is important that it should be formed in line with the laws and is drafted in accordance with the rules and regulations of the country where the property and the attorney is located. For example, if the attorney is in the UAE and the property is also in the UAE, then the document must be prepared in line with the laws of the UAE. thus, the power of attorney must be prepared after consulting the lawyers of the UAE, who are well versed with the laws and regulations of the country.
- What are the signing requirements of the power of attorney?
The requirement of signing of the power of attorney varies from a country to another. It may need to be signed in front of a notary public or may also need to be signed in the presence of a Notary public. In the UAE, for example a power of attorney for overseas required to be attested by the Notary Public Dubai, in the presence of 2 witnesses who are above 18 years of age.
For the power of attorney for someone in another country in the UAE, the above two requirements are supposed to be in place for it to be authenticated and executable in the country.
Cases where the Power of attorney for overseas is utilized-
The following are the scenarios where the power of attorney for someone in another country is required.
- In the case where a foreign corporate transaction is to be done
- Cases where there has been overseas inheritance
- Cross border litigation cases
- Property transactions that occur outside the borders of the country
People who are living in different jurisdictions throughout the year are required to appoint different agents in different countries so that they can work by with the laws applicable in that respective country.
The appointment of a local agent in the UAE will be helpful because local agents will be having knowledge of the rules and regulations of the UAE and he can be physically present as and when required. This gives an advantage to the principal, as he can be relaxed for the affairs for which he cannot be present himself. Therefore, one must try to appoint an agent who is residing in the UAE or who travels frequently to the UAE.
Steps to be followed to get a special power of attorney in Dubai for someone in another country and how to get it notarized by the Notary Public Dubai
Certain guidelines that must be followed while drafting a power of attorney for someone in another country in Dubai. One must follow the steps mentioned below to get the document prepared and executed.
- Drafting the power of attorney-when it comes to penning down legal documents like that of power of attorney, one must consult a legal advisor or an advocate. This is because they have the knowledge and experience regarding the law of that region and can help you ease out the process. This also ensures that no confusion and dispute arise at a later stage.
- Signing the document before a notary public- once prepared the document must be signed in front of the notary public Dubai to make it authentic and enforceable in the country. The notary ensures that the power of attorney is being signed in full capacity and out of a free will.
- Getting the required authentications- the power of attorney has to be attested needs to be attested by all the relevant authorities. These include the Ministry of Foreign Affairs where the POA has been created, the embassy of the UAE in the country where the POA was created and the UAE Ministry of Foreign Affairs.
Also, if the document is in English, the same has to be translated to Arabic. This is to be done by government-approved translators in the country. The document translation includes the content and the seals affixed in it during the attestation procedure. As soon as the translation is complete, the ministry provides an official translation containing the ministry’s letterhead, seal, and stamp.
A power of attorney needs to undergo various attestations and witnessing procedures before getting enforceable in the UAE. this is where the Notary Public Dubai can help you. Once you come to us you do not have to worry regarding the long queues and red tapes to enforce a POA for someone in another county.
