In the event of a dispute, a person with power of attorney for a court case has the ability to select UAE attorneys and stand in for the principal. In addition, the agent will have the capacity to speak on behalf of the owner before all levels of government and other parties with this power of attorney.
What is a Power of Attorney?
To authorize other people, commonly known as the agent to speak or act on the principal’s behalf in front of third parties, the “principal” signs a legal document known as a power of attorney. The agent might typically be a relative, family friend, business partner, or attorney depending on the power of attorney.
Business vs Personal Power of Attorney
In the UAE, it’s critical to comprehend the difference between commercial and personal power of attorney
- The personal power of attorney is a legal instrument that one person provides to another, giving the agent broad or specific powers. People commonly use this type of power of attorney to make sure that work is accomplished in situations like sickness or disability or in case the principal is unable to sign relevant legal documents in person.
- A Corporation may give a company power of attorney to someone whether a business partner or a third party so that they can execute general or specific transactions on the company’s behalf.
What is the Power of Attorney for a Court case?
A power of attorney for a court case is often utilized when the principal is not available in the UAE, and they need to name someone to handle the dispute and name attorneys to represent them in court. Including a reference to the issue or some brief specifics in this power of attorney could be necessary.
In the UAE, a power of attorney for a court case gives the representative the authority to handle the legal dispute and select legal counsel to defend the owner in court.
Process of Signing
Drafting of Power of Attorney in English and Arabic
Power of attorney forms is created in two languages (English and Arabic). The United Arab Emirates’ official language is Arabic. Hence translation into Arabic is required. However, this is only advised for those who know Arabic. It is also feasible to solely have a power of attorney prepared in Arabic.
The power of attorney is signed and notarized in three original copies at the Notary Public’s office. A power of attorney is signed by a notary public, who also gives the principal two original copies.
Depending on where you are, once we have drafted your power of attorney for court case, the signature procedure will be as follows:
Situation 1: If Signs within the UAE
To be legally binding and recognized by third parties and government agencies, a power of attorney in Dubai must be signed before a notary public in the UAE. If you live in the UAE, you can sign a power of attorney for the court case in any of the seven emirates of the UAE. Court case powers of attorney are still enforceable across the UAE, regardless of where they were signed.
At this point, in the UAE, you must personally notarize your power of attorney. It is common to refer to this process as the notarization of a power of attorney. A power of attorney can only be signed or notarized in front of a notary public if you are there in person. The notary public is not required to see your agent.
We offer complete help drafting and notarizing a power of attorney in the United Arab Emirates.
Also, read more: Power of Attorney for Company Management
Situation 2: If signs outside the UAE
The person (referred to as the “principal”) inside the UAE doesn’t need to sign any power of attorney before it may be utilized in the UAE. A power of attorney may still be valid in the UAE even if the principal signs it outside the UAE.
A power of attorney must go through the legality and verification procedures in the country of origin and the UAE if you plan to sign it outside of the UAE and utilize it inside the UAE.
A court case power of attorney can be signed in front of a Notary Public in the nation where you now reside if you don’t live in the UAE. Before it may be utilized in the UAE after being signed, certification from the following government agencies is required:
Your home country
- The foreign ministry of the nation where you reside
- UAE embassy in the nation where you live.
The United Arab Emirates
- UAE’s Ministry of Foreign Affairs
- Stamped by the UAE Ministry of Justice after Arabic translation
Situation 3: To be used outside the UAE
If you live in the UAE, a power of attorney for a Court case can be executed in front of a Notary Public in Dubai, or other parts of the Emirates. Attestations from the following government offices may be necessary depending on the nation where a power of attorney will be used:
- UAE Ministry of Foreign Affairs
- Embassy of the country where a power of attorney will be utilized.
Clients from all over the world may get legalization and attestation help from Notary Public Dubai both inside and outside the UAE. Contact us at notary@hhslawyers.com if you have any questions or would want to employ our services if you are concerned about this process.
Syed Hassan Ali has an experience of 13 years and is highly specialized in providing legal consulting for all types of notary requirements. By utilizing his diverse and deep knowledge, he has consistently aided individuals and organizations in finding flexible and timely solutions.
