Several authorities play a role in the POA process in Dubai, ensuring the document is legally valid and enforceable. Here’s a breakdown of the main authorities:
- Dubai Courts Notary Public: The primary authority responsible for notarizing business POAs in Dubai. The Notary Public verifies the identities of the principal and agent, witnesses the signing of the POA, and ensures the document is legally binding. POAs can be notarized in person at the Dubai Courts or via the e-Notary system, making it convenient for those unable to attend in person.
- Ministry of Justice (MOJ): For POAs that will be used for legal matters, such as court representation or legal proceedings, the Ministry of Justice (MOJ) is required for attestation. They verify the POA’s validity and authorize its use in legal matters.
- Ministry of Foreign Affairs (MOFAIC): When a POA is issued outside of the UAE, the Ministry of Foreign Affairs and International Cooperation (MOFAIC) is required for attestation. This ensures the POA is legally recognized and can be used within the UAE, especially for international business transactions.
- Ministry of Economy and Tourism (MOET): The Ministry of Economy and Tourism (MOET) can be involved when the POA relates to changes in a company’s legal representative or agent. This process can be initiated through their online portal, ensuring smooth business transitions.
Free Zones and Their Notary Systems
While the Dubai Courts Notary Public handles POAs for mainland companies, businesses operating in free zones like the DIFC (Dubai International Financial Centre) and ADGM (Abu Dhabi Global Market) follow different procedures. These free zones have their own notary and public registry systems, which are separate from the Dubai Courts. Therefore, businesses in these zones may have specific requirements or variations in the POA process compared to mainland companies.
What is the Role of the Notary Public?
A Notary Public works for the Dubai Courts. They have a key job in the POA process:
- Verification: The notary public confirms the identity of the principal (the person giving the POA) and the agent. They check Emirates IDs or passports to ensure everyone is who they claim to be
- Witnessing: The notary watches the signing of the POA. They confirm that the people are signing it willingly and understand what the document says.
- Attestation: The notary attests to the document’s validity by adding their official stamp and signature. This makes the POA legally enforceable in the UAE.
The Notary Public plays a central role in notarization, but other government bodies also contribute by requiring a notarized POA for specific business deals. These include:
- The Department of Economic Development (DED): The DED handles business licenses and company formation. It might require a notarized POA for things like renewing a license, making changes to the company, or if a representative needs to act for the company.
- Dubai Municipality: For real estate or property matters, the Dubai Municipality may require a notarized POA.
- Department of Tourism and Commerce Marketing (DTCM): Businesses in the tourism industry might need to present a notarized POA to the DTCM for specific licenses or regulations.
This system ensures the POA is not only legally valid but also accepted by all the necessary authorities where the agent needs to do business.
Did you know? In practice, digital notarization through the Dubai Courts’ e-Notary service has become quite popular. Many businesses now prefer online notarization, especially after COVID-19, as it offers a convenient and fast way to get documents validated.