With the rapid development of the economy and legal environment of the United Arab Emirates (UAE), especially Dubai, proper documentation becomes imperative for the smooth functioning of businesses, legal proceedings and personal dealings.
Notarization is one of the fundamental elements making the documents legal, authentic and acceptable. Irrespective of whether a power of attorney, property agreement, or business contract, notarization is like a seal of legality which gives the document legal recognition and acceptance for seamless official use.
In this blog, we will learn about notarization, its role, the various kinds of notaries in Dubai, why it is important, and everything else there is to know about notarization in the UAE’s legal environment.
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What is Notarization?
Notarization refers to the official process of attesting a document to verify its authenticity and legality. Once properly confirmed, the notary public adds their official stamp and signature to the document, therefore making it an official legally accepted document.
In Dubai, the notarizing is managed by local courts and legal departments and it is a safeguard against fraud, forgery, and disputes. This certified status will enable the usage of the document for legal, official or business purposes in the UAE and worldwide.
What does a Notary Do?
A notary or a notary public is an individual officially appointed to be an impartial witness to important documents that are signed. Their jobs are varied, but their key responsibility is the same, to prevent fraud and verify the true nature of signatures and contents in legal documents.
In Dubai, the role of the notary is as follows;
- Verifies the identity of the individual signing the document.
- Ensures that the signer is voluntarily signing and not against their will.
- Ensures that the document is complete and legally accurate.
- Gives an official stamp and signature, which legally binds the concerned documents.
Different Types of Notaries in Dubai
The legal set-up in Dubai includes various categories of notaries, which serve specific requirements and are overseen by Dubai Courts and the Dubai Public Notary Department. Here are the main types:
- Government Notary Public – They are appointed by the Dubai Courts and operate from notary public offices. They are authorised to notarise a broad spectrum of legal documents, including, but not limited to:
- Power of Attorney (POA)
- Memorandum of Association (MOA)
- Property contracts
- Legal declarations
- Marriage and divorce certificates
- Private Notary – Private notaries in Dubai have been given the authority to issue notary services following some recent legal reforms by the government. They can notarize documents like government notaries but they generally work from private law firms or legal offices. They provide more flexible time and personalised services which are especially important for businesses and individuals who need convenience and faster turnarounds.
- E-notary Services – Dubai is accelerating fast towards a complete digital transformation. E-notary service offered by Dubai Courts enables users to notarize certain documents online. The use of digital notary services has come into the limelight, particularly after the COVID-19 pandemic, and this has made notarization more convenient for citizens and businesses.
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In What Cases Does Notarization Happen?
In Dubai, notarization is a requirement in many aspects of personal, professional and commercial dealings. Common examples of situations which would call for notarization include:
- Power of Attorney (POA) – This is one of the documents that are most commonly notarized. It is compulsory to notarize a POA for a lot of reasons like purchasing property, managing business matters, or representing a person in court. Notarization is important for the documents to be recognised as legal and authentic by the UAE authorities.
- Real Estate Transactions – Property sales, leases, or purchase agreements typically need to be notarized, particularly if the deal is made for someone else. It is also needed in the process of registration with the Land Department.
- Business Incorporation – MOAs, shareholder agreements and other business-related contracts may require notarization before filing to government offices such as the Department of Economic Development (DED).
- Employment Contracts and Offer Letters – Although it is not always mandatory, notarized employment documents could be requested by the immigration departments, or international authorities in the event of disputes, or for immigration.
- Educational and Academic Certificates – Notarization is usually the first step in the process of attestation of academic documents before they can be submitted to concerned government authorities or embassies.
- Affidavits and Declarations – Irrespective of whether you are declaring a lost passport, providing proof of your relationship status, or making any statement before an official under oath, adding a notarized affidavit to your declaration gives your statement more legal weight.
Importance of Document Notarization in the UAE
The notarization process in Dubai is not merely a formality but a legal requirement and a guarantee of authenticity. Here is why notarization in Dubai is important;
- Legal Recognition – Non-notarized documents are rejected by the great majority of government departments, courts, and law entities. If your document is not notarized, it can be considered invalid.
- Fraud Prevention – Notarization is effective in preventing forgeries and identity theft. It ensures that the signatories are who they claim to be and are acting without any external duress.
- Credibility in Court – In case of a conflict a notarized document holds more weight in a court. It is a verified record of the will and consensus between the concerned parties.
- International Use – Various international procedures such as immigration, overseas employment, and international purchase of real estate need notarized documents for the legal verification process.
- Business Operations – For companies which have already been operating in Dubai or planning to expand, notarized documents are necessary for licensing, agreements, as well as compliance with UAE’s rigorous legal norms.
Conclusion
Notarization in Dubai is one of the pillars of legal, business and personal dealings. It guarantees that documents are valid, legal and acceptable for various official purposes. Whether as an entrepreneur starting up a new venture a resident dealing with personal legal issues or an expat handling cross-border documentation, the knowledge of the notarization process is crucial.
As technologies are changing and with electronic notary services being available, the process is becoming increasingly automated and convenient. It is however crucial to work with licensed notaries to ensure your documents are verified in compliance with the law in the UAE.
Always consult with a professional notary or attestation service provider such as SEPL Dubai when trying to understand the complicated rules of document legalisation in Dubai.
Frequently Asked Questions
- Can I get my documents notarized online in Dubai?
Yes, the Dubai Courts offer e-notary services on certain documents like the POAs and affidavits making it convenient and easy for the clients.
- What types of documents require notarization in Dubai?
The most common documents requiring notarization include;
- Power of Attorney
- Business contracts
- Real estate agreements
- Affidavits
- Academic certificates
- Marriage or divorce certificates.
Other documents may also require notarization. These are just some of the most demanded documents.
- What is the difference between notarization and attestation?
Notarization refers to a process of verifying whether a document is genuine or not by a notary public. Attestation includes additional confirmation by governmental institutions such as the Ministry of Foreign Affairs and it is generally needed if the documents are to be used overseas.
- How long does it take to get a document notarized in Dubai?
With the exception of complicated documents, the government notary offices can notarize documents on the same day. There can be even quicker services offered by the private notaries depending upon the document type.
- Can a foreign national get documents notarized in Dubai?
Yes, foreign nationals who are living in or visiting Dubai can have documents notarized if they have proper identification and meet the legal requirements.