Asset Sale Power of Attorney Services in the UAE

An Asset Sale Power of Attorney (POA) is a legal paper that gives someone else permission to sell something you own, like a house, car, or shares, on your behalf. This person is called your Agent.

You might use an Asset Sale POA if:

• You are outside the country or cannot be present for the sale.
• You want someone you trust to handle the process for you.

This POA allows the Agent to do things like sign the sale agreement, transfer ownership, collect payment, and even visit government departments. However, the POA must clearly list what the Agent is allowed to do, and it must be signed and notarized to be legally valid.

When you create an Asset Sale POA, there are key people involved:

• The Principal (You, the Owner): This is the person or company who owns the asset and is giving the power to sell it. You are the one delegating the authority.
• The Agent (Your Trusted Person): This is the person you choose to act on your behalf to sell the asset. They will sign papers and handle the sale process. They must be trustworthy and legally able to act.
• The Notary Public: This is an official authorized by the government. They witness your signature on the POA, confirm your identity, and make sure you are signing willingly. They stamp and sign the POA, making it a legal document.
• The Buyer (Third Party): This is the person or company buying your asset. They will rely on the POA to ensure the Agent has the legal right to sell.
• Government Departments: These are the offices that handle the transfer of ownership (e.g., Dubai Land Department for property, RTA for vehicles). They will check the POA to make sure it's valid.

When you want to give power to sell an asset, there are two main types of POA:

1. Special Power of Attorney (SPA) for Asset Sale (This is the best one!):

   • This type of POA is best for selling specific assets. It gives your Agent limited authority—for example, “to sell my apartment in JBR, Unit 123” or “to sell my Toyota, Model X.” It’s commonly used for transactions with Dubai Land Department (DLD), RTA, or DMCC.
   • Why it's Good: It's very safe. It means your Agent can't do anything else with the POA outside of selling that specific asset. This protects you because their power is limited and clear. This is the most common type used for asset sale POA.

2. General Power of Attorney (GPA):

   • This gives very wide powers. It lets your Agent do almost anything for you, in business and personal matters. They could sell any of your assets, not just the one you had in mind.
   • Why it's Risky: It gives too much power. It's generally not a good idea for selling a specific asset because it's less safe and could lead to big problems if trust is ever broken.

We always recommend using a “Special Power of Attorney” for asset sales, as it is more precise and legally secure. Our POA template is tailored specifically for this type, ensuring clarity and compliance with UAE requirements.

An Asset Sale Power of Attorney (POA) makes selling property, vehicles, or other valuable assets in the UAE faster, safer, and more convenient, especially if you’re unavailable in person.

With a POA, you don’t need to be physically present. Whether you're abroad, busy, or unwell, your appointed Agent can handle everything on your behalf, signing papers, dealing with buyers, visiting government offices like the Land Department or RTA, and collecting payments.

You can choose someone experienced, like a lawyer or real estate agent, who knows local laws and procedures, reducing the risk of mistakes or delays. This speeds up the process and ensures everything is done correctly.

Key Benefits of Using an Asset Sale POA:

• Time-Saving: No need to visit multiple offices or meet buyers.
• Flexibility: Allows asset sale even if you're outside the UAE.
• Efficiency: A single Agent manages the entire process smoothly.
• Expertise: Choose someone skilled in handling such sales.
• Legal Protection: A properly drafted POA ensures the sale is valid and binding.
• Peace of Mind: Your transaction is handled as per your instructions.

In short, an Asset Sale POA gives you the freedom to sell without being there, while ensuring the deal is done legally and efficiently.

Anyone who owns an asset in the UAE can apply for an Asset Sale POA. This includes residents, non-residents, individuals, and companies. Even non-owners can be granted a POA, for example, if you want to authorize someone else (like a family member, lawyer, or agent) to handle the sale on your behalf.

• Individuals: If you own a house, car, land, or shares in a company as a private person. This applies whether you are a UAE resident or live in another country.
• Companies: If your company owns an asset (like a company car, a building, or shares in another company) and wants to sell it. The company's authorized person (like a Director or General Manager) would issue the POA on behalf of the company.

The person giving the power (Principal) must be an adult (over 18 years old) and of sound mind (able to make clear decisions).

An Asset Sale POA is used in many situations. Here are some common examples:

• Selling Property (Real Estate): This is one of the most common uses. If you own an apartment, villa, or land in Dubai or any other Emirate, and you can't be there to sign the sale papers at the Land Department.
• Selling a Vehicle: If you want to sell your car, motorcycle, or boat, and you need someone to handle the transfer of ownership at the RTA (Roads and Transport Authority) or similar department.
• Selling Company Shares: If you own shares in a UAE company and want to sell them to someone else, your Agent can sign the share transfer documents.
• Selling Business Assets: If your company needs to sell a big piece of equipment, machinery, or other valuable business items.
• Selling Other Valuables: For selling other high-value items that require formal paperwork for transfer of ownership.
• Regulatory Compliance: Ensures that all transactions are handled in line with UAE laws and approved by relevant government departments, preventing legal issues or delays.

In all these cases, the asset sale POA makes the process much simpler when the owner cannot be present.

To make an Asset Sale POA, you will need to prepare some important papers. Our team will give you a full list and help you get them ready:

• For You (the Principal/Owner):

  • Your original Passport and clear copies (passport must be valid for at least 6 months).
  • Copy of your UAE Visa page and Emirates ID (if you are already living in the UAE).
  • Your contact details (phone number, email, address).

• For Your Agent (the Attorney):

  • Their original Passport and clear copies (passport must be valid for at least 6 months).
  • Copy of their UAE Visa page and Emirates ID (if they are a UAE resident).
  • Their contact details.

• For the Asset Being Sold:

  • Property: Original Title Deed (the ownership paper) of the property.
  • Vehicle: Original Vehicle Registration Card (Mulkiya) and sometimes a No-Objection Certificate (NOC) from the bank if there's a loan.
  • Shares: Share Certificate (if physical) or details of the shares, and the company's trade license.
  • Other Assets: Any official ownership documents or clear details of the asset.

• For Non-Residents:

• If you are not currently living in the UAE, you will need to provide:
• Passport copy (valid for 6+ months)
• Address proof in your home country (such as utility bill or bank statement)
  • The signed POA must be:
    • Notarized locally in your country
    • Attested by the UAE Embassy in your home country
    • Legalized by the UAE Ministry of Foreign Affairs (MOFA) once it arrives in the UAE

We will guide you through this attestation chain to ensure your POA is legally valid in the UAE.

Important Note on Attestation: If you sign the POA outside the UAE, your documents will need special official stamps (attestation) to be legal here. This is the asset sale power of attorney attestation process. We will explain this in more detail later.

Creating an Asset Sale POA involves clear steps to make sure it's legal and works. We help you with each step:

• Drafting the POA:

An expert will work on the asset sale power of attorney draft. This paper will clearly list your details, your Agent's details, and exactly what asset is being sold (e.g., specific property address, car details). It will also list all the specific powers your Agent needs to complete the sale. This needs to be very precise.

• Translate (if needed):

This is the asset sale power of attorney translation part. If your POA is written in English, it must be translated into Arabic by an UAE Ministry of Justice-approved legal translator. This is because UAE government offices use Arabic for official documents.

• Get Official Stamp (Notarization):

If you are in the UAE: You (the Principal) will sign the POA in front of a Notary Public in the UAE. The Notary is an official who checks your ID (like your original passport and Emirates ID) and makes sure you are signing willingly. They will also check the asset's ownership papers. This is called asset sale power of attorney notarization.

If you are outside the UAE, You must sign the POA in front of a Notary Public in your country.
Then, the document needs to be attested by:

• • • • Your country's Ministry of Foreign Affairs (or equivalent), and
      • The UAE Embassy or Consulate in that country.

• Get More Stamps (if signed outside UAE):

This is the asset sale power of attorney attestation process. If your POA was signed outside the UAE, it needs more official stamps (attestation) to be legal here. This involves stamps from your home country's government and the UAE Embassy. Then, the last stamp is from the UAE Ministry of Foreign Affairs (MOFA) here in the UAE.

• Use It:

Once all the stamps are done, your Agent can use the original POA to sell your asset. They will show this document to buyers, government offices, and banks as proof of their authority.

• For property sales: The original POA is submitted to the Dubai Land Department (DLD) or the relevant authority in the Emirate.
• For vehicle sales: The POA is used at the Roads and Transport Authority (RTA) to process the ownership transfer.

The whole process can take from a few days to a few weeks, depending on whether it's signed in the UAE or needs attestation from abroad.

An Asset Sale POA gives your Agent specific powers to sell your asset. These commonly include:

• Negotiate Sale: Talk to buyers and agree on a selling price.
• Sign Contracts: Sign the sale and purchase agreement, transfer forms, and any other papers needed for the sale.
• Receive Money: Collect the sale amount (like a cheque or bank transfer) on your behalf. The POA can also let the Agent give receipts and confirm that full payment has been received.
• Transfer Ownership: Complete all steps to transfer the asset's ownership to the buyer at the correct government office.
• Clear Debts (if any): Pay off any loans or fees tied to the asset (like mortgage on a property) from the sale money.
• Hand Over Asset: Give the asset (like car keys or property access) to the new owner.
• Deal with Banks: If the POA involves bank tasks (like mortgage release or collecting funds), these powers must be clearly stated, as UAE banks require precise wording.
• Represent You: Act for you in front of any government office or other party involved in the sale.

Remember, the POA must list every single one of these powers. If a power is not written, your Agent cannot take that action.

While an Asset Sale POA is powerful, it has limits. It's important to know what your Agent cannot do, or what might restrict them:

• Only Specific Asset: The POA is only for the exact asset named in the document. Your Agent cannot sell any other property or item you own unless it's also listed.
• Only for Sale: The POA is usually only for selling. Your Agent cannot rent out the property, mortgage it, or use it for other purposes, unless those specific powers are also clearly written.
• No Personal Use: The Agent cannot use the asset for their own benefit or keep the money from the sale. They must act only in your best interest.
• Cannot Delegate (Unless Allowed): Your Agent generally cannot give their power to someone else unless the POA specifically says they can.
• Expiry or Cancellation: The POA stops working if it expires, if you cancel it, or if you or your Agent dies or becomes unable to make decisions. Actions taken after this are not legal.
• No Changing Your Will: An asset sale POA does not let your Agent change your will or other personal legal documents.

Understanding these limits protects you and your asset.

While an Asset Sale POA is very helpful, there are some things to watch out for:

• Trust Issues: The biggest risk is choosing an Agent you don't fully trust. They will have legal power over your asset and its sale money. Choose someone very carefully.
• Vague Wording: If the POA is not written clearly and specifically, your Agent might not be able to do what you want, or worse, they might do something you didn't intend. This can cause big problems.
• Expired POA: If the POA expires (or is cancelled) and your Agent tries to use it, the sale could be stopped, or you might face legal issues. Always check the validity of asset sale power of attorney.
• Fraud: Though rare, there's a risk of fraud if the POA is not properly secured or if the Agent misuses their power. This is why official notarization and attestation are so important.
• Changes in Law: Laws can change. A POA made a long time ago might not meet new rules, causing issues.
• Agent's Availability: What if your Agent becomes sick, travels, or is unavailable? This could delay your sale.

To avoid these risks, always get expert help to draft and process your Asset Sale POA.

How long an Asset Sale POA stays valid in the UAE is important:

• Until the Sale is Done: A Special POA for asset sale usually lasts until the specific asset is fully sold and its ownership is transferred. Once the purpose is achieved, it no longer has power.
• If You Set a Date: You can choose to write a specific end date in the POA itself (e.g., "This POA is valid for 6 months from the signing date"). If you do, it automatically stops working on that date, even if the asset isn't sold yet.
• If You Cancel It: You always have the right to cancel the POA (see next section). If you do this properly, it stops working right away.
• If Someone Dies or Can't Decide: If you (the Principal) or your Agent dies, or becomes legally unable to make decisions (e.g., due to severe illness or mental health issues), the POA usually stops immediately.

However, for property sales in Dubai, if the POA is registered with the Dubai Land Department (DLD), it stays valid until it is officially cancelled, even if the person who gave the POA passes away—unless the POA specifically says it should end in such cases.

It's always good to check your specific POA for its expiry of asset sale power of attorney terms.

Renewing or cancelling an Asset Sale Power of Attorney requires proper legal steps to ensure the document remains valid, or is officially revoked, at the right time.

1. Renewal of Asset Sale Power of Attorney (Not a typical "renewal"):

• An asset sale POA is generally not "renewed" like a yearly license. It's usually for a one-time use(selling a specific asset).
• If your POA has an end date and the sale isn't finished by then, or if it stops working for any other reason, you usually need to make a brand new POA. This new POA will go through all the same steps again: writing, translating, notarizing, and maybe getting more stamps (attestation).

2. Cancellation of Asset Sale Power of Attorney:

If you want to stop an asset sale POA before it naturally ends, you can do it. This is called cancellation of asset sale power of attorney.

• Write a "Revocation" Paper: You need to make a formal legal paper clearly saying you want to cancel the original POA. This paper should mention the details of the original POA.
• Get it Stamped: This "revocation" paper also needs to be signed by you (the Principal) in front of a Notary Public in the UAE. This makes the cancellation official.
• Notify All Relevant Parties: This is very important! You must formally tell your Agent that their power is gone. You also need to inform any relevant government offices (like the Land Department or RTA) and banks where your Agent might have used the POA. This stops anyone from accepting actions from your Agent using the old POA.

Properly cancelling a POA protects you from any future actions taken by the Agent that you did not authorize.