Power of Attorney in the UAE: The Dos and Dont's

​Collins Dictionary defines a Power of Attorney (POA) as a legal document which allows you to appoint someone, for example a lawyer, to act on your behalf in specified matters. Succinctly described, but how does one go about putting such a document in place? Who can you appoint to act on your behalf? What are the costs involved? This article aims to provide guidance on the answers to these questions, and more.

First and foremost, the national language of the UAE is Arabic, and therefore any Power of Attorney, for use in the UAE, must be one of the following; 1) originally attested in Arabic; 2) originally attested in dual Arabic and foreign language, either inside UAE with a UAE registered legal translators stamp, or fully attested if from outside UAE; or 3) originally attested in a foreign language and translated by a UAE registered legal translator, along with a UAE Ministry of Justice stamp. In the event of any discrepancy between the English and Arabic translations, the Arabic wording will prevail.

Language aside, the wording of the Power of Attorney is of vital importance, and the rules vary widely depending on what power it is you are trying to delegate. Take the example of a POA concerned with the delegation of power to sell a property. Where a client is issuing the document from a jurisdiction outside of the UAE, they are safe with broad language such as ‘the power to sell any property I own in the UAE’. However, where the document is being attested at the Dubai Notary (a department of Dubai Courts), the language must be specific, and the specific property to which the power is delegated must be listed, in addition to showing the original Title Deed to the Notary to evidence the Grantor’s ownership of the same (if the Title Deed is not yet in his/her name, then the POA will be refused). Further secondary legislation from the Dubai Land Department has barred Real Estate Agents (in fact, anyone on the visa of a Real Estate company), from acting for Grantors in the Sale or Purchase of Real Estate in the UAE, whilst even more recent changes have seen the same disbarred from signing leases on behalf of their Landlord clients. Thankfully, professional conveyancing firms are available to fill this particular role. Note, Property is not the only issue which requires specific wording, for example, the Road Traffic Agency, where using a POA for the sale of an automobile, requires specific wording. Furthermore, third-party service providers sometimes require specific wording for them to accept the POA as valid.

Assuming you have hurdled the twin issues of language and wording, you will be ready to attest the document. Where this is completed in the UAE itself, this simply requires attendance at a Notary Public, bringing valid ID (and copies), and the appropriate fee (approx. 260 AED in Dubai). Depending on the nature of the document itself will determine whether additional documentation is required. When attesting from abroad, the process becomes more drawn out, with the client required to sign the document in witness by a Notary Public of that Jurisdiction. The document will then go to the Ministry of Foreign Affairs in that Country before a further stamp is required at the UAE Embassy in the same country (or the closest jurisdictional Embassy who will accept it). There is a final stamp required upon arrival in Dubai at the UAE Ministry of Foreign Affairs. Prices vary worldwide, but the foreign UAE Embassy will usually charge approximately the local equivalent of 150 AED, whilst the stamp in Dubai costs 160 AED.

Whilst the above may answer many of the typical questions that arise on the issue of POA in the UAE, the area can be complex, and clients should always seek local professional guidance before embarking down an erroneous, and potentially costly (both time and money), path. Answers to the question of length of validity, for example, will be different dependant on circumstance, e.g. a Property specific POA may only be valid for two years, whilst a general POA may be valid until its revocation, or even the death or incapacitation of the Grantor. Introducing further complexities such as a corporate Grantor, or an individual in their corporate capacity (such as a director or shareholder), presents additional pitfalls in the wording and documentation requirements for Attestation, an issue so complex as to be beyond the scope of this Article.

The opinions expressed herein shall not be taken to constitute legal advice and are provided for information only. Any action you take upon the information in this article is done so entirely at your own risk and the Author shall not be held liable for any loss or damage in connection with use of this information.

Source - ​http://www.domainconveyancing.ae/blog/power-of-attorney-in-the-uae-the-dos-and-donts/