Notarization is a legal act that verifies identity, authenticates consent and authorizes signatures on the significant documents. Among the frequent questions that people and companies pose, there is one:
In the UAE are all parties to be physically present in order to be notarized?
The response will rely on the nature of the document, the mode of notarization (face to face or remote) and legal stipulations that govern the deal.
This guide outlines when all the parties should be present, when remote verification can be allowed, and the exceptions that shall be made.
General Rule: Signature Verification Presence.
In the UAE, notarization presupposes the notary public to identify and consent of every individual who signs the document.
This verification may occur:
- by signing before the notary, or
- using authorized video verification to run digital notarization.
Notarization cannot be done until each signatory is verified individually.
Related reading: Guide on Notary of Documents in UAE and Can Documents Be Notarized via Video Call in UAE?
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Contact our Notary Public Dubai team for fast and reliable notary services in the UAE.
Where the Parties Necessarily Meet.
The parties might have to be present when:
- Joint Agreements are to be signed at the same time.
- Documents that have several will need all the parties to be authenticated during the signing.
- The Notary needs to ensure that there is common consent.
In cases where a mutable recognition of the parties is crucial, attendance is crucial since the parties concerned are aware of the terms of the agreement and that they are in agreement.
Witnessing Requirements Are Applied.
Some of the documents must also have the notary present in order to witness signatures.
Complex Law or Corporation Transactions.
Any kind of transaction that has more than one stakeholder or legal fulfillment might need to have all the signatories present.
Parties need not be present together when they do not need to be present together.
In most of the situations, there is no necessity of all parties to be present simultaneously.
Individual Check-in Sessions.
The identity verification and the signature can be made separately by each party in the presence of the notary.
Remote Video Verification
Digital notarization enables signatories to be authenticated through video conferencing in other places.
Related: Online Notary in UAE: Is Remote E-Notarization Legally Valid?
Power of Attorney Execution
Those granting the power (the principal) are usually the only ones who have to appear in order to be notarized.
Related: Power of Attorney Dubai Drafting, Notarization & Attestation and Special Power of Attorney in Dubai Scope, Legal Use
Corporate Authorizations
Authorized signatories are allowed to represent a company without the need to have all the shareholders present.
Related: Board Resolution Attestation: Process, Documents & Legal Use
Remote Verification and Notarization.
The UAE permits remote notarization by certified digital notarizing systems.
This enables:
- checking of identity through video conferencing.
- signing in various places.
- distant involvement of foreign signatories.
Remote notarization can particularly be handy in case of parties that belong to different countries.
Cases in Which a single party only needs to appear.
In some documents, it is only one signatory that is required:
Power of Attorney
The one issuing authority should be the only person who is to be checked and the signature made before the notary.
Affidavits & Declarations
It only requires the declarant to be present.
Related: Drafting Affidavit in UAE Types, Notarization, Fees & Timeline and Sworn Affidavit in UAE: Process, Importance, and Legal Requirements
Consent Letters
The consenting person should be checked.
Related: Parental Consent Letter for a Child to Travel with a Friend in UAE
Red Tape Documents which may involve all parties.
There are documents that might also demand the presence or verification of all parties:
- settlement agreements
- partnership agreements
- some corporate resolutions.
- joint declarations
- contracts that have to be mutually recognized.
Needs are based on legal structure and instructions of authority.
Prerequisites of Each Signatory.
Each party must provide:
- authentic Emirates identity or passport.
- legal capacity to sign
- understanding and consent
- approval documents (corporate representatives)
Notarization may not hold any weight in case of failure to verify identity.
What in Case of an Inability of a Party to Attend?
If a party cannot attend:
Remote Checking can be applied.
It might be possible to take part in digital notarization through video call.
Power of Attorney can be Conferred.
A party can be represented by a representative using a notarized POA.
Individual Notarization Sessions.
Parties can do notarization on various occasions.
Significance of Identity and Consent Check.
The notary’s role is to:
- authenticate the identity of the signer.
- ensure voluntary consent
- verify legal capacity
- stop fraud and impersonation.
This makes the document enforceable in law.
Common Mistakes to Avoid
- supposing some one party may represent the other in signing.
- Omission to authenticate identity of every signatory.
- Failure to verify eligibility of remote notarization.
- lacking company license papers.
- signing a document that has not been verified.
Correct instruction will ensure that document rejection does not occur.
Frequently Asked Questions (FAQs)
Are the parties required to be co-present?
Not always. Parties can either be presented personally or be certified offsite based on the nature of the document.
Is it possible to notarize when one of the parties is not on the country?
Yes. The process can be continued with the help of remote notarization or a Power of Attorney.
Is the Power of Attorney to be attended by both parties?
No. The individual who grants the authority, will only require to be notarised.
Is it possible to sign by several parties at different times?
Yes. Individual verification is frequently allowed.
In what cases must simultaneous presence be present?
The joint agreements or the documents that need to be mutually acknowledged might require simultaneous presence.
Notary Public UAE
Contact our Notary Public Dubai team for fast and reliable notary services in the UAE.
Conclusion
Notarization in the UAE does not require the presence of all parties during notarization. All signatories have to undergo individual verification that can be done individually or using remote video verification.
Knowledge on when presence is necessary assists in ascertaining that things are in compliance and it eliminates legal and business delays.
In case there are several partners, it is possible to consult a notary professional in order to find out the right way and carry out the documents correctly.
If you want to proceed, you can reach the team here: Contact Us or review Private Notary Services.