In UAE, a document acquires legal validity and binding force through notarization. A document is legally checked and registered once it is notarized. Nevertheless, mistakes might still be made, like spelling mistakes, wrong passport number, omitted clauses, or even wrong information.
Since the notarized documents are legally binding, they cannot be edited and overwritten at all. Any correction should be done in accordance with the law so as to be valid.
This guide gives a description of how to resolve any mistake in a notarized document in Dubai and what measures to do to prevent any legal issues.
The reason why accuracy is of importance in notarial documents.
Relied upon is a notarized document.
- Government authorities and courts.
- Financial institutions and banks.
- Immigration departments
- Real estate authorities
- Business regulatory institutions.
Even slight errors may result into rejection, delays or legal dispute.
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Frauds that are common in documents that are notarized.
Typical mistakes include:
- Misspelled names
- Wrong passport or Emirates ID numbers.
- Inaccurate specifications or money.
- Incorrect property details
- Lack of clauses or attachments.
- Mistakes of company information or trade licences.
- Translation inconsistencies
The kind of error dictates the way that it has to be fixed.
Is it possible to make any changes to a notarized document?
No. Once notarized:
- One cannot change text manually.
- The corrections are not handwritten.
- The overwriting or white-out nullifies the document.
- Legal invalidity is served by unauthorized edits.
Any alteration should be properly implemented with the help of the right legal procedure.
How to Remove Orrect Inkation of a Document that is notarized.
1. Make a Corrective Declaration or Affidavit.
A system of corrective affidavits can be adequate to address small factual mistakes.
Used for:
- Spelling mistakes
- Typographical errors
- Minor numerical amendments.
The error is mentioned in the affidavit and verifies the accurate information.
Example: correction of a digit of the passport number.
2. Prepare a New Document of Certification.
A new document is needed in the event that the mistake touches the issue of legal meaning or enforceability.
This applies when:
- Names are incorrect
- There are legal clauses that are either wrong or absent.
- There are wrong property details.
- Information on authority is not correct.
- Quantity of finances is wrong.
The amended document should be resigned and reconsidered.
3. rescind and issue another in place.
In some instances, the initial notarial document has to be duly revoked.
This is required when:
- The document gives legal privilege (e.g. Power of Attorney).
- Misplaced authority can be detrimental in the law.
- There has been a previous usage of the document.
A revocation document might be to be issued prior to issuing a corrected version.
4. Proper Mistakes in Notarized Power of Attorney (POA).
All mistakes made in POA documents must be corrected as soon as possible as it gives legal power.
Corrections may require:
- Cancellation of the wrong POA.
- Issuance of a new POA
- Indication to the appropriate authorities in case already used.
Delays can create legal risk.
5. Fixing mistakes in Company Materials.
To submit the corporate resolutions and company documents:
- Board resolutions can be reiterated.
- Corrections may be necessary and authorized.
- Corporate documents have to be updated in support.
Regulatory compliance depends on accuracy.
6. Remedy of Translation mistakes.
Should it be the fault of false translation:
- The translation has to be corrected by a certified legal translator.
- It is possible that the updated translation needs to be re-notarized.
- Authorities can demand re-attestation.
The quality of translation is of a legal nature.
7. Any corrections in previously submitted documents should be made before submitting to the authorities.
In case a notarized paper has been presented to a government organization:
- Report this to the authority.
- Send revised certified copies.
- Explain or give corrective affidavit where necessary.
Loss of time or rejection may happen due to the failure to correct the errors.
Attested Document Special considerations.
In case the notarized document has been already:
- MOFA attested
- Embassy legalized
- Used internationally
Then corrections tend to need:
- A new notarized document can be issued.
- Cloning attestation/legalization.
Procedures to Remedy a notarized document in Dubai.
- Determine the type and the severity of the mistake.
- Seek the advice of a legal expert in case there is a legal connotation in the document.
- Draw up correctional affidavits or rewritten document.
- Get the notary to re-sign where necessary.
- Re-sign the document in case it will be used abroad.
- Inform the concerned authorities in case it has been submitted.
Economics and Time implications.
Examples of the cost of correction would be:
- Notary fees
- Translation fees
- Reprocessed attestation fees (when reprocessed)
- Legal drafting fees
Small amendments can be fixed within a short time whereas complete re-issue might take time.
How to prevent the mistakes in notarized forms.
In order to avoid corrections in the future:
✔ Check the identification and spelling information.
✔ Compare Emirates ID numbers and passports.
✔ Evaluate the legal terms and conditions prior to the signature.
✔ verify property and company information.
✔ Certify the accuracy of translation.
✔ Check the drafts of the documents in order to be notarized.
Close inspection eliminates time wastage and extra expenses.
In Cases of Professional Assistance Recommendation.
You can use the assistance of legal professionals:
- Review documents, and then notarize.
- Write out corrective affidavits.
- Recurring documents that are legally acceptable.
- Manage POA revocations and reissue.
- Coach re-certification processes.
Law Legalness is achieved through professional advice.
Conclusion
Any mistakes in notarized documents have to be changed according to the proper legal procedures. Based on the nature of the mistake committed, corrections can be in the form of corrective affidavit, reissuance of the document, revocation, and replacement.
Since notarized documents are a source of legal power, it is vital to ensure timely fixing before one experiences legal challenges, delays or even rejection by the authorities.
To protect the validity of your papers in Dubai, it is possible to ensure that all is in order before you make them notarized and use the help of a professional when necessary.
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FAQ’s
Is it possible to do any corrections on a notarized document?
No. The handwritten changes do not nullify the document.
Would I have to notarize the document once more after having made some corrections?
Yes, when there is an influence of correction on legal content or authority.
What in case the notarized paper has been utilized?
You might be required to withdraw and re-write the document.
Is it possible to fix a translation error?
Yes, and by certified legal translation and re-notarization (where necessary).
Is MOFA attestation required to be repeated after correction?
Yes, in case of the international use of a new notarized document.
