For the general public, they only know that a notary public is a law firm that stamps documents. What’s involved during the process as well as why the documents are stamped are not well-known by most people. There’s also a good number of people that will say they don’t know.
A notary Public in Dubai acts as the official witness in the signing (free and willing) of documents by several parties that are identified and verified by the notary. In most cases, a legal document is signed in a notary public’s presence. However, it may also be that the document is signed first, then it is brought by the signatory of the document to a notary Public to acknowledge the signature in the document presented.
Read here about the benefits of a notary public
What are the Duties of a Notary Public?
Duties of a notary Public include
- Verifying the identity of signatories to a document that appears before the notary public;
- Witnessing the signing of the document by the signer(s);
- Investigating the signatories of a document to ensure that they are freely and willingly signing;
- Administering oath to signatories of a document (if required by the legal document);
- Placing the office seal of the notary Public on the document (only if required);
- Signing the document where it is to provide a signature;
- Verifying all notary-specific components that are in a document;
- Completing information that may be incomplete, asking signatories for information that may be missing, and/or correcting incorrect information provided by signatories
Notary Public in Sharjah, Dubai or any other emirate of UAE has to record details of notarial acts that are completed within a notary journal. Signers of documents have to sign the notary journal. Notaries may also ask signatories to provide thumbprints on signed entries in their journals. A reputable notary Public always considers the maintenance of a journal’s best practice.
The purpose of the activities performed by Public notaries is to provide an additional level of trust and verification of documents. Notarization proves that certain documents were executed in the manner that’s binding to all parties involved (signatories to a document).
Notarized documents are taken as legal evidence that all those who have signed them choose to perform what the documents say they’ll do. The notarization process also proves that the signatories provide their authorization on what is stated on the documents. The notary Public verifies, under oath, that statements and facts that are in documents are true and acknowledged by the signatories.
A Public notary also has authority in certifying copies. Additionally, you may seek the help of a Public notary in Dubai for legal drafting. Call us today if you wish to know more about notarization in Dubai and how public notaries may be able to serve your specific needs and requirements.
What Does it Mean for a Public Notary to Administer Oaths?
One of the official duties of notaries is administering affirmations and oaths, pledges on the honor of a person stating that he/she is telling the truth which makes him legally accountable when false information is provided. Under the law, those who take an oath and are later found to be untrue statements will be penalized. Oaths are administered during a court proceeding.
Can a Public Notary in Dubai take Affidavits and Depositions?
Depositions and affidavits, as written testimony, contains statements of facts. They are taken with the witnesses under oath. In the UAE, it is legal to utilize depositions and affidavits as live testimony in proper courts when witnesses are unavailable and cannot testify physically. Because taking written testimony requires technical skill, it should only be done by a notary. An attorney is often present during court proceedings.
Does a Document Have to be Signed Before a Notary Public?
In order for you to get a document notarized, the document has to be signed with the presence of the notary. The notary will witness the signing of the said document. It is not advisable to sign a document prior to meeting a notary public. A notary public may refuse the witnessing of the signing or require you to sign the document again.
There are, however, public notaries that won’t refuse the witnessing of the singing of documents provided that there’s sufficient evidence that the signing was done freely and willingly. If you are unsure of the process of your public notary, we suggest you consult with them first prior to signing a document.
What is the Reason why Documents have to be Notarized?
A document has to be notarized by a public notary to validate or verify its legality. A public notary will ensure that the individual signing the document has met the legal requirements that are established by authorities where the process of notarization is performed. Contact a public notary if you are unsure whether your document requires notarization to be considered legal.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.