It is a common practice for investors and people having business in the UAE to make powers of attorney outside the UAE when they are typically required to be used by someone on their behalf inside the UAE. It is important to understand that the power of attorney prepared outside the UAE can be used in the UAE subject to the completion of the legalisation process. Without the completion of the legalisation process, the power of attorney prepared outside the UAE is not accepted in third parties or government departments. Hence, it is important to understand the exact nature of the legalisation required for the power of attorney to become valid inside the UAE.
The first step is always to prepare the power of attorney in English language or the development language of the home country where the power of attorney will be signed by the principal. Once the power of attorney is prepared and approved by a principal, it can be signed in the presence of the Notary Public in the home country after which the following steps will be required as part of the legalisation process:
Step 1 – Attestation by the Ministry of Foreign Affairs of the home country
The first step after the notarization of the power of attorney in the home country is to have the power of attorney attested by the Ministry of Foreign Affairs of the home country. The function of the Ministry of Foreign Affairs may be assumed by other similar ministry or a government department depending on where the power of attorney is signed. However typically this function lies with the Ministry of Foreign affairs of the relevant country where the process for the stamping of the power of attorney is typically well understood by such ministry.
Step 2 – Attestation by the UAE Embassy
The next step handles the legalisation process to ensure the power of attorney is attested by the UAE Embassy and the relevant country where the power of attorney is originally signed. The UAE Embassy typically carries out these attestations as a matter of routine and the process is well known and understood by the UAE Embassy in the relevant country.
Step 3 – Attestation by the Ministry of Foreign affairs in the UAE
Once the power of attorney has been attested by the UAE Embassy in the relevant country, it is typically couriered to the UAE to the relevant person or to Just POA for further attestations in the UAE. The first of these attestations is carried out at the UAE Ministry of Foreign Affairs where the power of attorney is stamped as a confirmation of the authenticity of the document.
Step 4 – Translate the power of attorney into Arabic
Once the power of attorney has been stamped by the UAE Ministry of Foreign Affairs, it then needs to be translated into Arabic by the legal translators who are duly licensed and certified by the UAE Ministry of Justice. They require to not only carry out the translation of the text of the power of attorney but also the stamps affixed on the power of attorney. Once they complete the legal translation, they would typically print out the translation on their letter head and stamp and attach it to the original of the power of attorney typically written in English language.
Step 5 – Stamping by the UAE Ministry of Justice
As the last step on the process of the legalization, the power of attorney is required to be stamped by the UAE Ministry of Justice to confirm that the legal translation has been carried out by the legal translators who are duly licensed to undertake the legal translation. Once the Ministry of Justice has affixed its stamp on the power of attorney, the power of attorney can be used by the attorney/agent in order to exercise the relevant powers granted in the power of attorney. The above process is somewhat lengthy and may take between 2-4 weeks depending upon the originals of the power of attorney. Just POA specializes in document clearing services and regularly assists its clients in having their powers of attorney legalized in most jurisdictions around the world.
