Power of Attorney in Ras Al Khaimah

A Power of Attorney (POA) in Ras Al Khaimah is a formal legal document that allows you to designate someone you trust, referred to as the "Attorney/Agent," to make decisions and take actions for you (Principal). This means that your Agent is authorized to represent you and act on your behalf in specific matters that you have approved.

For example, if you are living outside the UAE or are unable to act, a POA lets your Agent sign documents for you. They could sell a building, manage your bank accounts, sign agreements, or speak for you in court.

The POA draft must clearly state the powers you are granting to the Agent. It also needs to be signed correctly and made official by the Notary Public in Ras Al Khaimah. This makes it a real and legal document.

Like other places in the UAE, Ras Al Khaimah has different kinds of Power of Attorney. You pick the type based on what you want your Agent to do.

1. General Power of Attorney (General POA):

General POA grants broad powers to manage finances, real estate, or legal matters. For property transactions, the specific authority must still be mentioned.

For example, they can manage your money, property, and general legal matters.

Even though it gives wide powers, for major actions like selling a specific property, the General POA should still say these actions very clearly.

2. Special Power of Attorney (Special POA):

Special POA grants limited powers for specific tasks, such as selling a car, managing a single bank account, or representing you in one legal case.

For example, it could be for selling a certain car, speaking for you in just one court case, or managing a single bank account for a clear reason.

Special POAs offer more control and lower the risk of your Agent doing something you didn't intend.

3. POAs for Specific Uses:

These are special versions of Special POAs made for particular needs, such as:

• • Property POA: Just for real estate deals (buying, selling, renting, managing).
  • Vehicle POA: For managing car registration, selling, or buying.
  • Money/Bank POA: For handling bank accounts, savings, and other money matters.
  • Court POA: For helping in court cases and legal steps.
  • Business POA: For setting up a company, renewing licenses, or running business tasks, especially important for companies in places like RAKEZ.
  • Marriage/Divorce POA: For certain steps in marriage or divorce paperwork.

You must choose the right type of POA and write down the powers very clearly. This is key for it to be accepted.

Picking the right person to be your POA in Ras Al Khaimah (the Agent) is a very important choice. The person you pick must meet certain rules under UAE law:

• Age: The Agent must be at least 21 years old.
• Clear Mind: The Agent must be able to think clearly. This means they can understand the tasks allotted to them and make appropriate choices.
• Trust: Although the law doesn't require it, selecting someone you fully trust is crucial since they will hold significant power over your matters.
• No Conflicts: The Agent should not have a reason to gain personally that goes against your best interest. This is key for sensitive matters.
• Legal Standing: The Agent should not be legally stopped from acting for others (e.g., someone who cheated in the past might not be good for POAs related to financial matters).
• Nationality and Residence: There are no strict rules about the Agent's home country or where they live. An Agent can live in the UAE or outside. But if they live outside the UAE, think about how they will be able to do tasks in RAK if they need to be there in person.

For POAs given by companies, the Agent would usually be someone allowed to sign for that company.

To draft a Power of Attorney in Ras Al Khaimah, whether for a person or a company, you need certain documents. Having all these ready can make the process much smoother. Here are the Documents Required for POA in RAK:

For Principal and Agent:

1. Original Valid Passport: For both the Principal and the Agent. Make sure it's good for at least six more months.
2. Original Valid Emirates ID: For both the Principal and the Agent, if they live in the UAE.
3. Visa Copy: For people who are not from GCC countries and don't live in the UAE, a copy of their UAE visa (if they have one for visiting or staying for a short time) might be needed.

Specific Details for Special POAs:

• Property POA: A copy of the property's ownership paper (title deed), plot number, exact address, and any other needed details about the property.
• Vehicle POA: A copy of the car's registration card (Mulkiya), chassis number, and other car details.
• Bank POA: Bank account details, bank branch, etc. (Note: Banks often prefer their own special POA forms or very detailed general POAs).
• Court POA: Details of the court case, court number, and the people involved.
• POA Text: The prepared words for the POA, usually in Arabic or English with an official Arabic translation.

For Companies (if the Principal is a company):

1. Company Trade License: A valid copy.
2. Company Rules (MoA and AoA): Copies of the company's main rule books.
3. Board Decision or Existing POA: A paper from the company's leaders (board) or an existing POA that allows the person signing to make this new POA.
4. Passport and Emirates ID (if applicable): Of the person allowed to sign for the company and the chosen Agent.
5. List of Owners (Shareholders): If needed, to see who is allowed to sign.

Important Notes:

• All papers you show to the Notary Public must be the original ones.
• If any paper is not in Arabic, it must come with an official Arabic translation done by a special translator in the UAE.
• For POAs made outside the UAE, they need many official stamps (from their home country's Foreign Affairs Ministry, UAE Embassy, and UAE MOFAIC).

Making a Power of Attorney in Ras Al Khaimah requires certain legal steps to make it real and usable. Here's How to Create a Valid Power of Attorney in RAK:

• Draft the POA Paper:

  • The first main step is to write the POA document. This paper must clearly show the full names and ID details of both the Principal (giving power) and the Agent (getting power).
  • Most importantly, it must clearly state the specific powers being given. If it's not clear, the POA might be refused by banks, government offices, or courts.
  • For papers to be used in RAK, they must be in Arabic or in English with an official Arabic translation done by a special translator.

It's a very good idea to hire a lawyer or a special POA service to write the paper. They can make sure it follows UAE laws, is written correctly, and covers all you need.

• Principal Goes to the Notary Public:

  • The Principal must personally go to the Ras Al Khaimah Notary Public office.
  • The Principal also needs to bring their original, valid ID papers (Passport, Emirates ID for residents).

Online POA: The UAE Ministry of Justice (which looks after Notary Public offices everywhere, including RAK) has an online signing service. This lets Principals, especially those outside the UAE or who can't go in person, complete the signing using a video call, by using their UAE Pass digital ID.

• Check ID and Understanding:

  • The Notary Public officer will check who the Principal is.
  • They will also ensure that the Principal fully understands what the POA says and what powers they are giving.

This allows the Principal to act freely and is legally able to make decisions.

• Sign and Get Official Stamp:

  • The Principal signs the POA paper right in front of the Notary Public (or during the online video call).
  • The Notary Public then puts their official stamp and signature on the paper. This makes it legally good and usable in Ras Al Khaimah.

• Optional: MOFAIC Stamp:

  • If the POA is going to be used in another country (e.g., shown to a foreign embassy in the UAE or used in a different country), it might need another official stamp from the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) after being signed. This is an extra step and costs money.

Following these steps makes sure your POA in Ras Al Khaimah is legally sound and accepted by all the necessary government offices.

The RAK Economic Zone (RAKEZ) is a major location for businesses in Ras Al Khaimah. A POA in Ras Al Khaimah is often used for Business Setup in RAKEZ and for running company matters.

Here's how a POA is crucial for businesses in RAKEZ:

• Setting Up and Registering a Company:

  • If the investor or owner is not physically in the UAE, a POA can let an Agent sign company papers, register the company, get trade licenses, and handle other needed paperwork with RAKEZ offices.
  • The POA must clearly give powers for setting up the company, buying shares, naming managers, and other related actions.

• Renewing Trade Licenses:

  • A Agent with a valid POA can manage the yearly renewal of trade licenses for companies in RAKEZ. This includes giving needed papers and making payments.
  • RAKEZ often needs a valid POA (along with the Agent's valid passport or Emirates ID) if the person allowed to sign for the company is not there in person for renewal.

• Bank Account Actions:

  • A POA can give an Agent the power to open and use company bank accounts, manage money, and do financial deals for the RAKEZ-registered company. This needs clear banking powers in the POA.

• Visa and Immigration Matters:

  • For companies in RAKEZ, a POA can let an Agent apply for and manage employee visas, living permits, and other immigration steps with the right offices.

• General Running of Business:

  • A Agent can be given power to handle daily tasks, sign agreements, go to meetings, and make sure the company follows RAKEZ rules.

Key Things to Know for RAKEZ POAs:

• Be Specific: For RAKEZ matters, the POA should be very specific. It needs to list the exact company name, license number (if it has one), and the exact actions the Agent is allowed to do in the free zone.
• Company Papers: If the Principal is a company, the POA must come with a decision paper from the company's leaders or an existing company POA. This allows the person signing to make the new POA, along with the company's trade license and rule books.
• Stamping for Foreign Companies: If the POA is made by a company outside the UAE for its RAKEZ branch, it must go through all the official stamping steps (signing, foreign ministry stamp, UAE Embassy stamp, and UAE MOFAIC stamp) before RAKEZ offices will accept it.

It's a good idea to get help from a legal professional who knows about RAKEZ rules when writing a POA for business setup or running a business in the free zone.

The Cost of a Power of Attorney in Ras Al Khaimah can change based on the type of POA you need. The main fees are official government fees.

• Official Signing Fees (Notary Fees): These are the fees the Ras Al Khaimah Notary Public charges to make your document legal. While exact numbers can vary, normal fees are usually:
  • Around AED 100 - AED 300 for personal POAs (cost might change based on how long it's good for or its type).
  • For more complex POAs for companies or those with no validity duration, fees can be higher, possibly AED 500 - AED 1,000.

It's best to check the latest fees directly with the RAK Notary Public or your legal advisor.

• Legal Translation Fees: If your POA is written in English, it must be officially changed into Arabic by a special translator approved by the UAE Ministry of Justice. This costs extra, usually from AED 80 to AED 300 per page, depending on how long and complex the paper is.
• Legal Writing and Advice Fees: Many people choose to hire law firms or special companies to help write the POA and handle the official signing. These fees can range from AED 500 to AED 2,500 or more, depending on how complex your POA is and how fast you need it.

Some firms offer packages that include writing, translation, and help with the signing.

• Official Stamping Fees (for POAs from other countries): If a POA is made outside the UAE, it needs many official stamps from different government groups, both in its home country and in the UAE. Each stamping step costs money, which can add up to a lot.

Always ask for a clear list of all expected costs from your chosen service before you start.

Cancelling or changing the rules of a Power of Attorney in Ras Al Khaimah is called revocation (cancelling) or amendment (changing). This makes sure the Agent no longer has the power, or their powers are changed as you want.

Cancelling a POA in RAKH

Here‘s how you can revoke a POA in RAKEZ:

1. Write a Cancellation Paper: The Principal must prepare a new legal draft that clearly states the intent to cancel the original POA. This paper must clearly show the details of the original POA (like its number, date it was made, and the Notary Public office).
2. Sign Cancellation Paper Officially: The Principal must personally go to the Ras Al Khaimah Notary Public office and sign the cancellation paper in front of the Notary Public. This makes the cancellation legal.
3. Tell the Agent: It's very important to officially tell the Agent that their power has been cancelled. You should send a copy of the officially signed cancellation paper by registered mail or courier, making sure you get proof that they received it. The cancellation usually starts from the date the Agent gets this notice.
4. Inform All Related Parties: Immediately tell any other locations (like banks, government offices such as the Land Department, RAKEZ, etc.) where the Agent might have used the original POA. Give them an officially signed copy of the cancellation paper to stop any actions by the Agent that are not allowed.

Changing a POA in RAK

If you only want to change some parts or powers within an existing POA, you usually cannot just "amend" the old paper.

The usual way to do it is to cancel the original POA completely and then make a new POA with the new rules and powers you want. This makes everything clear and avoids confusion about which POA is good.

Important Notes:

• If you don't properly cancel or change a POA and tell everyone, it can cause legal problems if the Agent keeps acting using the old power.
• If the Principal loses their mental ability, they usually cannot cancel a POA themselves. In such cases, a court order might be needed, or the POA might stop working by itself, depending on its rules and local law.

While a Power of Attorney in Ras Al Khaimah gives a lot of power, you must understand that there are certain Limitations of Power of Attorney in Ras Al Khaimah. Not everything can be done through a POA, and certain legal rules always apply:

1. Very Personal Actions: A POA cannot be used for very personal actions that need the Principal to be there in person or to make a personal choice. Examples include:
   • Swearing an oath in court.
   • Giving a personal statement in court (unless specially allowed for some cases).
   • Voting in public elections.
   • Getting married or divorced (though a POA can sometimes help with paperwork, the actual agreement usually needs the Principal to be there).
   • Making a Will (a Will must be signed by the person making it).
2. Illegal or Bad Actions: A POA cannot give power to do anything that is against the law, morally wrong, or against the rules of the UAE.
3. Actions Needing Clear and Specific Power: For certain important deals, UAE law needs "clear and specific power." A general POA might not be enough. Examples include:
   • Selling, getting a loan on, or giving away property.
   • Opening or closing bank accounts.
   • Taking or refusing gifts.
   • Settling or ending legal claims.
   • Naming other Agents (unless clearly allowed in the POA).
   • Starting or closing companies (needs very specific powers).
4. Ends Due to Time/Cancellation: A POA stops being good when:
   • The Principal dies.
   • The Agent dies.
   • The Principal loses their mental ability (e.g., due to serious illness or mental problems), unless it's a special kind of "durable" POA.
   • The specific job for a Special POA is finished.
   • The time limit written in the POA runs out.
   • The Principal officially cancels it.
5. Notary Public Can Refuse: The Notary Public can choose not to sign the POA if they think the Principal doesn't fully understand what they are doing, is being forced, or if the POA seems to give powers for illegal things.

Understanding these limits is key to using a POA correctly and legally in Ras Al Khaimah. It's always a good idea to talk to a lawyer to make sure the POA is written correctly and only allows legal actions.

For a POA in Ras Al Khaimah to be legally good and accepted by all government offices, it must follow certain legal rules from UAE law. These Legal Requirements for POA in Ras Al Khaimah are very important for it to be valid:

1. Language: The POA paper must be in Arabic. If it's first written in English, it must be officially translated into Arabic by a special legal translator approved by the UAE Ministry of Justice. Both the English and Arabic papers are usually shown together.
2. Clear and Specific Powers: The powers given to the Agent must be stated very clearly and exactly in the POA paper. Vague words might lead to it being refused or causing arguments. For "special actions" (like selling property, opening bank accounts, or specific company matters), "clear and specific permission" is needed. This means the exact action must be listed in detail.
3. Official Notary Stamp: The POA must be personally signed by the Principal in front of a Notary Public at the Ras Al Khaimah Notary Public office. This official signing makes the paper legally good in the UAE.
4. Valid ID: The Principal must show their original valid ID papers (Passport, Emirates ID for residents) to the Notary Public to check who they are.
5. Official Stamps (for POAs from other countries): If the POA is signed outside the UAE, it must go through many official stamping steps:
   • Official signing in its home country.
   • A stamp by the Foreign Affairs Ministry of its home country.
   • A stamp by the UAE Embassy or Consulate in its home country.
   • Final stamp by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) in the UAE.
   • Then, an official Arabic translation in the UAE.
6. No Illegal Actions: The powers given in the POA must only be for legal actions and must not go against UAE law or good manners.

Following these legal rules very strictly is key to making and using a POA successfully in Ras Al Khaimah.

The Validity of a POA in Ras Al Khaimah depends on its type, what it says, and certain legal events. Knowing when a POA is active and when it stops working is very important for both the Principal and the Agent.

• General Power of Attorney

A General POA usually lasts forever. It stays active until the Principal officially cancels it or until certain things happen (like the Principal or Agent dying, or the Principal no longer able to think clearly).

However, for practical reasons, some places (like banks) might ask for a General POA that was made recently (e.g., within the last 1-2 years) to ensure it still represents what the Principal wants now.

• Special Power of Attorney

A Special POA is good for the specific job(s) it lists or for a set time written in the paper. If it's for deal, say to sell Plot No. XYZ, the POA automatically stops working when that deal is done.

If a specific end date is mentioned (e.g., "good for six months from today"), the POA stops working on that date.

For property-related deals, some Notary Public offices might have a maximum time it's good for (e.g., 2 years) to make sure the Principal still wants the deal.

Things That Automatically Cancel a POA:

A POA, no matter its type, automatically stops being good if any of these happen:

• Death of the Principal: The power given stops right away when the Principal dies.
• Death of the Agent: The power also stops when the chosen Agent dies.
• Loss of Clear Thinking: If either the Principal or the Agent can no longer think clearly (e.g., due to serious illness or mental problems), the POA usually stops being good, unless it's a special "durable" POA meant to keep working in such cases (which is not common in UAE law).
• Job Finished: For a Special POA, it stops working once the specific job or reason it was given for is finished.
• Time Runs Out: If a specific time was set in the POA, it stops by itself when that time ends.
• Official Cancellation: When the Principal officially cancels the POA through the Notary Public.

It's important for both people to know about these conditions to make sure the POA is used at the right time and stopped when needed.

In Ras Al Khaimah, you usually don't "renew" a POA like you renew a license. Instead, it usually means making a new Power of Attorney or checking if your current one is still good.

• For General POAs: As mentioned, General POAs often last forever unless cancelled or stopped by certain events (like death). So, they usually don't need "renewal." However, for real-world reasons, some places (like banks) might ask for a "fresh" POA if your current one is very old (e.g., more than a few years). In these cases, you would just get a new General POA made.
• For Special POAs with an End Date: If your Special POA had a specific end date (e.g., "good for 1 year"), it will automatically stop on that date. To keep giving those powers, you cannot "renew" the old one. Instead, you would need to make a completely new Special POA with the powers you want and a new end date.
• For Special POAs for Specific Jobs: If a Special POA was for one job (e.g., "to sell a certain car"), it stops once that job is done. If you need to give power for a similar job again (e.g., sell another car), you would make a new Special POA for that new job.

Steps if you need a "Renewal" (a new POA):

1. Write a New POA: Prepare a fresh POA paper that shows what you want now, the powers you're giving, and any updated details.
2. Official Signing: The Principal must go to the Ras Al Khaimah Notary Public office (or use the online signing service) to sign the new POA in front of the Notary Public.
3. Required Papers: Make sure you have all the needed papers (original ID for Principal and Agent, details for specific actions), just like for a brand new POA.
4. Cost: You will need to pay the normal signing fees and any fees for writing or translating the new POA.

Basically, "renewing" a POA in Ras Al Khaimah means going through all the steps to make and officially sign a completely new Power of Attorney, rather than just extending an old one. It's always best to talk to a lawyer to find the best way to do this for your situation.