As the economic impact of the COVID-19 emergency grows, entrepreneurs in every field are scrambling to secure labour and corporate flexibility.Governments are ready to protect citizens and deal with the financial fallout. While prompt response is unavoidable, governments should also have a backup plan in place that focuses on what follows afterwards.Business and government, more than ever before, have a critical role to play in assuring individual well-being, bolstering the economy, and developing both practical arrangements and game-changing breakthroughs.
The COVID-19 outbreak has rendered several organisations unable to carry out their normal business operations. With people trapped at home, workplaces protected, and restrictions on international travel in place, many people are having problems ensuring that their job survives the pandemic.
Document attestation is essential for every organisation to keep a strategic distance from extortion and ensure legal execution. The UAE continues to thrive in maintaining a stable economy by doing everything possible to ensure that businesses do not suffer difficulties as a result of the current situation.
The Dubai Courts said in April 2020 that public notary services will be available via remote access while adhering to health and safety requirements and ensuring the society's well-being during the pandemic, while also ensuring that business duties remain unaffected.
The Dubai government has made it possible to certify papers such as Powers of Attorney, legal notices, letters designating local service agents, and memorandums of association of new or amended firms via an online platform that can be accessed remotely. However, it is critical to meet the requirements for having the preceding documents authenticated.
What is Power of Attorney?
A power of attorney is a legal document that authorises an individual or organisation to act on behalf of another in questions of property and ownership. A power of attorney is notarized or certified by a third party, in this case, a Notary Public in Dubai, who reviews the document before to attestation.
Why Notarization of Power of Attorneys in Dubai become Mandatory?
The United Arab Emirates has taken numerous steps to guarantee that entrepreneurs stranded in the blockade are able to incorporate smoothly. The UAE continues to thrive in maintaining a leading economic ecology by doing everything possible to guarantee that enterprises are not confronted with obstacles like these. In Dubai, one such move has been the remote notarization of power of attorney documents. It means that you can complete a Power of Attorney attestation fully online, from the comfort of your own home. For any firm to avoid fraud and ensure appropriate execution, notarization is required.
What does the Circular States?
The Dubai Courts recently stated that public notary services will be accessible to be conducted remotely in order to comply with the health and safety requirements put in place as a result of the coronavirus pandemic, while also guaranteeing that business operations are unaffected. According to the circular, the following Notary Services can be performed remotely:
- Power of Attorney notarization
- Notarization of legal notices
- Acknowledgements
- Notarization of Local Service Agent Agreements
- Notarization of Memorandums/Articles of Association and addenda to that concerning civil companies (i.e., companies not subject to the Commercial Companies Law)
Types of Power of Attorney
Anyone who wishes to appoint another person as their POA or power of attorney is referred to as a principle, while the person to whom the POA is entrusted is referred to as an agent or, in legal terms, a "attorney-in-fact." A principal can select from a variety of power of attorney documents that are legally available in their nation. The two types of POAs that are available in the UAE are listed below.
In Dubai, there are many types of power of attorney. Some of them are listed below-
General Power of Attorney
When a principal wants to delegate authority to an agent in the event of his or her absence due to travel or when they are physically or psychologically incapable of handling things on their own, they utilise a general power of attorney. The agent will be able to handle a variety of legal procedures, such as bank transactions, tax return filing, contract signing, and property purchase and sale.
Special Power of Attorney
An agent is given Special Power of Attorney to handle a specific matter on behalf of the principal. In their POA, the principle must explicitly define what acts and powers they want the agent to have. Agents having Special Power of Attorney are only allowed to carry out the responsibilities specified in the document.
Lasting Power of Attorney
A third type of POA is known as the Lasting Power of Attorney, and it is only available in Dubai. The Lasting power of attorney is for people who are dealing with health problems that will make them unable to make decisions in the future. Principals can make plans to delegate responsibility to someone they trust to make decisions on their behalf in the future.
Procedure for Notarizing a Power of Attorney in Dubai
To obtain a power of attorney in Dubai, the principal must submit the relevant paperwork, which include a power of attorney application form. The Power of Attorney paperwork contains information on the relevant matters as well as the responsibilities and powers of the agent. When submitting documents for examination to a notary public in Dubai, the principal must also pay attestation fees. After a careful inspection, the application is attested by a notary public in Dubai.
Documents required in Dubai for Notarizing a Power of Attorney
The following is a list of documents that must be notarized in order to notarize a power of attorney in Dubai:
- Original and copy of the principal's Emirates ID card;
- Original passport of the principal, as well as a notarized copy of the power of attorney and three copies.
All documentation must be written in Arabic. The principal can file the translations alongside the other documents if they are not in Arabic. Furthermore, depending on the circumstances, a principal may be required to produce other documentation. Those who want to offer POA for a real estate transaction, for example, must submit ownership paperwork to establish they are the rightful owner of the property.
How will Dhanguard help you?
Here's how our Dhanguard consultants can help you get started with remote notarization:
- Our concerned adviser will properly and exactly communicate the situation in the POA, which will be sent to you.
- You can then review the draft and, if everything looks good, sign and return the paper to us.
- The document will subsequently be emailed to the remote notary public's designated email address.
- The notary will analyse the document and email you (the customer) a BOTIM link with a virtual meeting time. The application will be granted after identification verification through video call, so make sure you are available within the specified time frame and have your actual passport with you.
- After this meeting, the Notary will certify the POA and return it to us. We will sign the company formation documents on your behalf (the client).
What if a Power of Attorney is issued in a different country by a granter/principal living outside the UAE? Will it be considered valid in Dubai?
If the principal of a power of attorney lives outside the UAE and the document was issued in their nation, the power of attorney must first be attested by the UAE's respective embassy. It will be required to be attested by the UAE's Foreign Affairs Department in order to be regarded valid.
If that country's embassy is not situated in the UAE, the issuer or principal must have it certified by an embassy in one of the UAE's neighbouring countries. Principals might also turn to a reputable law company for help with such issues.
Conclusion
With these procedures, you can start a business in the UAE mainland from the comfort of your own home. However, if you have any questions about the process or how it works, please contact us. Our experts are well-versed in the legal procedure and can answer any questions you may have.