The picture is for illustrative purposes only.
Image credit: Pexels
Dubai: Whether you want to give someone the right to buy or sell property in the UAE on your behalf, or need legal representation in court, there are several cases you may need to give someone power of attorney ).
But what exactly is a power of attorney and how is it applied for? Here is everything you need to know.
What is a power of attorney?
As a document, the power of attorney (the client) allows you to transfer the legal rights of another person or company (referred to as a lawyer, actual lawyer or agent).
Hari Wadhwana, associate at Dubai-based law firm OGH Legal, told Gulf News how a power of attorney works as a legal document, “The principal appoints the attorney to perform certain acts mentioned in the POA on behalf of the principal.”
Surabhi Vasundharadevi / Golf News
When do you need a power of attorney?
According to Wadhwana, this document is typically needed when you need to conduct business or complete an official process but for some reason you cannot or simply want someone else to do it on their behalf.
“For example, if you have a legal dispute, a lawyer can be given power of attorney so that the lawyer can represent the client in court. Another example is a situation where the client resides outside the UAE and owns a property in the country. He can give a power of attorney in favor of a friend or a company for the purpose of renting or selling the property. The attorney or agent can then legally sign the sales contract or ejari on behalf of the principal, ”said Wadhwana.
If there is a legal dispute, a lawyer can be given power of attorney so that the lawyer can represent the client in court. Another example is a situation where the client resides outside the UAE and owns a property in the country. He can give a power of attorney in favor of a friend or a company for the purpose of renting or selling the property.
– Hari Wadhwana, Associate at Dubai-based law firm OGH Legal
How is a power of attorney prepared?
This process consists of two steps: drawing up the power of attorney and then certifying it.
When preparing a power of attorney, the document should contain the following information:
• Which action (s) does the client want to assign?
• Who does the client want to appoint as a lawyer?
• How long does the power of attorney last?
“In Dubai, the power of attorney can be issued permanently or have a specific term. If you want to terminate the power of attorney permanently or before the set deadline, you can simply visit the notary and request the deletion of the document. Thus, the power of attorney has no effect on actions taken after the cancellation. If you believe the attorney has acted unlawfully or performed acts beyond the scope of the document, you have the option to initiate appropriate civil or criminal proceedings against the attorney for breach of trust or loss, ”said Wadhwana.
Should the authorization be in English or Arabic?
“Prepare the power of attorney in Arabic, or in both Arabic and English. However, in case of ambiguity, the Arabic document takes precedence over the English, ”said Wadhwana.
Registration of a power of attorney in Abu Dhabi
Taking into account the current pandemic, the notary process can be completed online. To issue an individual power of attorney in Abu Dhabi, you can visit an authorized writing center such as Tasheel or Enjaz, located across Abu Dhabi.
– El Bashir Mustafa, a legal advisor at Elnaggar and partners, attorneys and legal advisors
El Bashir Mustafa, a legal advisor at Elnaggar and Partners, Advocates and Legal Consultants, talked about how the process of applying for a power of attorney can vary depending on who you’re giving the power of attorney to – an individual or a company.
“In view of the current pandemic, the notary process can be completed online. To issue an individual power of attorney in Abu Dhabi, you can visit an authorized writing center such as Tasheel or Enjaz, which is located across Abu Dhabi, ”Mustafa said.
He also explained the steps to be followed:
1. Visit an authorized typing center so the power of attorney can be drawn up.
2. Present Emirates ID and / or copy of passport for both the client and the representative.
3. The writing center fills out a special form for the power of attorney, which is automatically created by the notary portal.
4. The writing centers should present the power of attorney to the notary via the portal https://www.adjd.gov.ae/AR/pages/notary-public.aspx
5. As soon as the notary has approved the power of attorney, a date is sent to the client’s email address in order to be summoned in front of the notary via video call for authentication.
6. The client must present his or her original ID during the video call.
7. After completing the call, the client receives a copy of the notarized power of attorney to his registered e-mail address.
To generate a Power of Attorney from an individual to a law firm or attorney registered with the Abu Dhabi court or its branch or office in Abu Dhabi or Al Ain, you should complete the following steps:
1. The power of attorney application should be submitted by the law firm (the “Attorney”) through the firm’s portal.
2. The client’s Emirates ID and / or passport copy should be attached to the application along with the attorney’s business license and Emirates ID, bar association card and attorney’s family book.
3. After submitting the application, the system generates a date on which the client is invited to the notary for authentication via video call.
4. The client must present the original ID during the video call.
5. After completing the call, the client receives a copy of the notarized power of attorney to his registered e-mail address.
The time frame for the authentication of the power of attorney is five working days. The notarial costs are approx. 300 Dh (excluding VAT) and also depend on the duration of the power of attorney. You would also need to add the writing center fee which starts from Dh80 (excluding VAT).
– Ahmed Gabr, Legal Adviser at Elnaggar and Partners, Attorneys and Legal Advisors
Registration of a power of attorney in Dubai
If you are in Dubai, you can contact the public notaries online here: https://www.dc.gov.ae/PublicServices/ContactUs.aspx?lang=de or to private notaries here: https: // www. dc.gov .ae / PublicServices / PrivateNotaryOffices.aspx? long = en
Only the presence of the client is required for the authentication of the power of attorney, and three copies of the document must be carried – one for the client, one for the lawyer and one for the notary’s records. The process at the notary should not take longer than 10 to 15 minutes, subject to other appointments with the notary.
What does the whole process cost?
Ahmed Gabr, Legal Advisor at Elnaggar and Partners, Advocates and Legal Consultants, said that while the notarization process can take approximately five working days, the cost can vary depending on the duration of the power of attorney as well as the additional service fees from the typing center.
“The notary fees are around Dh300 + VAT. And can vary depending on the duration of the power of attorney. Also, you’d have to add the typing center fees, which start at Dh80 excluding VAT, ”said Gabr.
What if i’m outside of the UAE?
According to Gabr, one option for people outside the UAE is to have the power of attorney certified in the country they are in.
“In this situation, the notarized power of attorney is confirmed by the Ministry of Foreign Affairs in this country and the embassy of the UAE in this country. Once the authorization has been approved by the UAE Embassy, the original authorization will be forwarded to the United Arab Emirates, where it will be certified by the Ministry of Foreign Affairs and International Cooperation (MOFAIC) and translated into Arabic. The Arabic translation is certified by the Ministry of Justice. Once the power of attorney has been translated into Arabic and approved by the relevant authorities in the UAE, it can be used for the purpose for which it was issued, ”said Gabr.
Comments are closed.