If you’re unsure where to start, downloading a special power of attorney form Dubai can help simplify the drafting process. To create a legally valid Special Power of Attorney (SPOA) in UAE, follow these steps:
Step 1: Define the Purpose and Authority
Start by identifying the specific tasks or decisions your attorney-in-fact will be authorized to perform. This could include:
- Selling a property.
- Representing you in a legal matter, such as using a special power of attorney to file case in court.
- Managing financial transactions while you are abroad.
Pro Tip: Be as clear and detailed as possible to avoid misunderstandings or disputes later on.
Step 2: Drafting the SPOA Document
The next step is to draft the SPOA document. This is a crucial step, as the document must meet UAE legal standards to be valid. Here’s a detailed breakdown of what to include in the draft:
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Clearly State the Purpose: Specify the exact tasks the attorney-in-fact can perform.
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Identify the Parties: Include full legal names, addresses, and Emirates ID or passport numbers of both principal and attorney-in-fact.
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Define the Powers: Detail the specific powers granted, such as selling property or managing bank accounts.
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Set Limitations (if any): Clearly outline any restrictions on the attorney-in-fact’s authority.
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Specify Conditions: Include any conditions for the SPOA to become active, e.g., only when the principal is outside the UAE.
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Optional – Use a Template: Templates can help, but consult a legal professional to ensure compliance with UAE laws.
Step 3: Legal Requirements and Documentation in UAE
To ensure your SPOA is legally binding, you’ll need to meet the following requirements:
- Both the principal and attorney-in-fact must sign the document in front of a notary public.
- If the SPOA is signed outside the UAE, it must be attested by the UAE Embassy or Consulate in that country, followed by authentication by the UAE Ministry of Foreign Affairs (MOFA).
Step 4: Notarization Process in the UAE
Notarization is mandatory to give legal effect to your SPOA. You can complete this step at a public notary office in Dubai or online (if eligible).
Documents Required for Notarization:
- Signed SPOA document.
- Emirates ID or passport of both the principal and attorney-in-fact.
- Both parties may need to provide proof of residency, especially for property or business-related SPOAs
- Any supporting documents (e.g., property title deeds for property-related SPOAs).
You will also need to pay a notarization fee, which varies depending on the scope of the SPOA.
Step 5: Registering the SPOA (If Applicable)
For certain transactions, such as property sales, you may need to register the SPOA with the relevant UAE authority (e.g., Dubai Land Department).
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