Notarization
Notarizing a document is the process of having a legally appointed person, known as a notary, confirm the legitimacy of a document and the signatures’ identities. The law presumes that a document that has been notarized accurately represents the truth of its contents. This presumption is generally unassailable unless there is a credible claim of forgery. A notarized document has greater legal credibility than a standard document, where a party may just dispute that they never signed or issued it.
Document notarization is also useful if, despite being notarized, an important legal document gets damaged. In this case, a notary public can provide a duplicate copy of the document that has the required stamps to make it legally binding.
When to notarize a document?
When it’s necessary to confirm a document’s legitimacy or the identity of the signer, notarization is frequently necessary.
The following are some circumstances where a notarized document might be required:
Power of Attorney
Prior to appearing in court on behalf of a client, an attorney designated by the client must produce a notarized Power of Attorney.
Ownership Contract
A family’s ownership contract must be notarized if its members wish to govern their shared property in the United Arab Emirates.
Notice of Eviction
Landlords are required to serve a notarized legal notice for Evicting a tenant. It is void and cannot be enforced legally if it is not notarized.
When deciding whether or not a document needs to be notarized, it is advisable to speak with a notary public or legal expert to ensure compliance with local laws and the particular requirements of the case.
What Types of Documents that are to be notarized
The following documents might require notarization in order to be accepted by the law:
- Memorandum of Association & Power of Attorney
- Commercial contracts, declarations
- Judicial notices
- Resolutions
- Minutes of meetings
- Minutes of General Assemble Meetings
- Minutes of Liquidating a company
- Non-Muslim wills
- Affidavits & Proof of Signatures
What are the Documents required for notarizing a document
- Valid original passport & Valid Emirates ID
- Proof of address – lease contract
Also, it is important to note that when you are submitting documents to the public notary, all of them must be legally translated into Arabic.
POA & MOA
A Power of Attorney is a legal document whereby one person gives another person the authority to act on their behalf in relation to property, banking, legal and judicial proceedings, and other matters for a variety of reasons, including being abroad, aging, or becoming incapable of handling one’s own responsibilities in those areas. A power of attorney is a formal legal document whereby one individual, known as the donor or principle, grants another, known as the donee, attorney, or agent, the authority to act on his behalf.
Through video conferencing, a Power of Attorney (POA) has been made available for approval in the United Arab Emirates. If the person attending the video conference can be identified by showing the officer his ID on the camera, you can obtain a power of attorney (POA) remotely today, regardless of whether you are in the UAE or not. This means that it is now feasible to establish a Power of Attorney and authorize someone in the United Arab Emirates via video conference.
Preparation & Notarization of POA
The POA needs to be written clearly, professionally, and with an accurate reflection of the situation. This process saves your time and money by decreasing the possibility that a POA will be later rejected by government agencies or third parties.
In order to notarize a POA, the applicant must drop a mail request with all the mandatory details. The documents are examined by the notary assigned to the transaction. If the transaction is accepted, the notary will get in touch with the applicant and ask that they confirm their identity and capacity, as well as show their Emirates ID card, the transaction confirmation, and the submitted document. The applicant will receive an SMS with the payment link for the transaction after their identity has been confirmed. After the payment has been confirmed, the notary will finalize the transaction and print the notarized documents. The documents will be sent by a courier approved by the Courts to the address the applicant provided. The applicant will receive the notarized documents in two business days following the completion of the transaction.
- The POA will be granted in Arabic and English if the translation is completed by a qualified translator who will stamp the dual text or just in Arabic if the applicant requests it.
- The authorization and attestation of the appropriate nation’s embassy or consulate and the UAE’s Ministry of Foreign Affairs are necessary if the POA will be used in a country other than the UAE.
- The Ministry of Justice must also verify the translation if it is to be used in another country.
The MOA, or Memorandum of Association, is a document that controls a company’s extracurricular activities. The Memorandum of Association is created immediately after the firm is established. One of the main objectives of any MOA is to inform readers of all the company’s assets. It’s important to let the readers know what is and isn’t legal. Keep in mind that readers of the publication also include the company’s investors and shareholders. The memorandum of association’s provisions is modified by the company’s shareholders. It is essential to adhere to the correct MOA protocols. Businesses interact with multiple governmental authorities for the filing of paperwork.
Preparation & Notarization of MOA
The MOA lists a number of clauses. When drafting your company’s memorandum of association, make sure to incorporate the following information.
- Name of the company
- Where the company's main office is located (state name)
- Objective Clause: Shareholders' Responsibilities
- The capital of the company's shares
- Dividing the capital of the business into shares. If the company operates as a limited liability corporation, this step can be omitted.
- Clause of Subscription
- Techniques for sending the paper to the various processes.
Once all MOA requirements have been met, the documents must be released and given to the creditors, shareholders, and other interested parties. Its purpose is to inform the public about the policies that the line firm has put in place.
For the Memorandum of Association (MOA) to be valid, it must be notarized and written in Arabic. If the MOA is published in any other language in the UAE, the Arabic translation will take precedence.
For the MOA to be enforceable, it must be registered in the commercial registry of the economic department of the Emirate or the free zone authority where the company is registered. The MOA will not be accepted as legitimate if it is not recognized by other parties. Third parties will only perceive as ineffective the portion of the MOA that is not registered.