A Notary Public in Dubai does more than witness a signature or place a seal on a document. Depending on the transaction, a notary may register or notarise eligible documents and contracts, attest signatures, validate document dates, administer oaths and notarise affidavits. The notary must also verify matters such as the identity, legal capacity, authority and consent of the parties involved.
Dubai’s notarial framework recognises government and private notaries, with their functions determined by the applicable legislation and the type of transaction. The exact procedure can also differ depending on whether the transaction is completed electronically, through virtual attendance or in person.
Read here about the benefits of a notary public
What are the Duties of a Notary Public?
Duties of a Notary Public can include:
- Registering and notarising documents and contracts where permitted or required;
- Attesting the signatures of the parties on eligible documents and contracts;
- Validating the date of documents and contracts in accordance with the applicable procedure;
- Verifying the identity, legal capacity, authority and consent of the parties;
- Administering oaths and registering or notarising affidavits;
- Attesting recognised signatures on certain non-Muslim marriage contracts and documents issued by licensed places of worship and religious entities;
- Attesting non-Muslim wills where the transaction falls within the notary’s competence; and
- Performing other notarial functions assigned under the legislation applicable in Dubai.
Notarial transactions are recorded in the official registers and files maintained for this purpose, which may also be created and maintained electronically. A thumbprint is not a standard requirement for every transaction. It may be used in specific circumstances, such as where a person is unable to sign in the usual manner.
The purpose of notarisation is to provide formal verification of the execution of a document or other authorised notarial act. Depending on the transaction, this may include verifying the parties, their authority to act, their consent and the signatures appearing on the document.
A notarised instrument can have important evidentiary value, but notarisation does not mean that the notary guarantees that every factual statement contained in every document is true. The notary verifies the matters required by the applicable notarial procedure and may refuse a transaction where legal capacity, authority, consent or other legal requirements are not established.
The notary may also issue or provide copies of instruments maintained in the notarial records where permitted under the applicable rules. The exact functions available depend on the document and the notarial service being requested.
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What Does it Mean for a Public Notary to Administer Oaths?
Administering an oath is one of the recognised functions of a notary. Under the current UAE notary framework, the notary may administer an oath where required for an affidavit or other authorised notarial transaction. The relevant statement is read or presented as part of the procedure, the person takes the required oath, and the administration of the oath is recorded in the notarial report.
An oath before a notary is therefore not limited to testimony given during court proceedings. It can form part of the formal execution and notarisation of an affidavit.
Can a Public Notary in Dubai Notarise an Affidavit?
Yes. Dubai’s notary framework authorises the registration and attestation of affidavits after the required oath has been administered. Before an affidavit is notarised, the notary verifies matters including the identity, capacity, authority and consent of the person making the declaration.
The notarial process does not automatically establish that every factual statement in the affidavit is independently proven. The person making the affidavit remains responsible for the declaration being made, while the notary completes the required oath and notarisation procedure.
Does a Document Have to be Signed Before a Notary Public?
The required signing and verification procedure depends on the document and the notarial service being used. It is no longer correct to assume that every document must always be physically signed in front of a notary at a notary office.
Dubai Courts’ Smart Electronic Notary process allows eligible transactions to be submitted electronically. Depending on the transaction, identity, legal capacity and authority may be verified through the system, virtual attendance or personal attendance, with electronic signing also available as part of the approved process.
The correct method should therefore be confirmed before signing. Our guide on how to get documents notarized online in the UAE explains the remote and electronic process in more detail.
Why Do Some Documents Need to be Notarized?
Not every document in the UAE needs to be notarised. Notarisation is required where the law, the nature of the transaction or the receiving authority requires a formal notarial act. This may involve signature attestation, notarisation of a contract or Power of Attorney, an affidavit, declaration or another transaction falling within the notary’s legal competence.
The notary’s role is not simply to make a document “legal.” The process establishes the required formalities for the particular transaction, which can include identity and capacity checks, confirmation of authority and consent, signature attestation or another authorised notarial act.
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Is Notarisation the Same as Document Attestation?
No. Notarisation and document attestation should not be treated as interchangeable processes. Notarisation concerns a notarial act such as executing or registering an eligible document, attesting a signature, administering an oath or notarising an affidavit.
Document attestation or legalisation may instead be required to authenticate a document, signature or official seal for use before another authority or in another country. The correct process depends on where the document was issued and where it will be used. See the difference between notarisation and attestation in the UAE before starting a cross-border document process.
If you are unsure whether your document needs notarisation or another form of document authentication, contact our team before starting the process.
