How Long Does POA Take in Dubai
How long does POA take in Dubai? Powers of attorney in Dubai and the UAE are an important legal instrument that allows one person (called the attorney) to act on behalf of another (called the principal) in specific or general matters. Powers of attorney are important because they facilitate legal and administrative transactions, especially when the principal is unable to be present or act in person. The POA&more team explains the duration of power of attorney in Dubai.
Types of Powers of Attorney in Dubai
As part of our discussion of how long does POA take in Dubai, the POA&more team explains the types of powers of attorney in Dubai:
General Power of Attorney:
- The attorney is granted broad and usually unlimited powers, allowing them to manage the client’s various financial, legal, and personal affairs.
- This type of power of attorney should be granted to a fully trusted person due to the extensive powers it confers.
- In some cases (such as selling a property in Dubai), a general power of attorney may not be acceptable, and a special power of attorney may be required instead.
Special Power of Attorney:
- The attorney specifies precise and specific powers to perform certain tasks or make decisions within a specific scope.
- Examples include: a special power of attorney to sell a specific property, a power of attorney to conduct a specific banking transaction, or a special power of attorney for companies that allows the attorney to act on behalf of the company in specific matters.
- This is a safer and more effective option for clearly defining the attorney’s role and reducing legal risks.
Judicial Power of Attorney:
- Granted to an attorney to represent a client before courts and legal authorities in legal cases.
- It can be a general power of attorney (to represent the client in most legal and judicial matters), or a special power of attorney for a specific case or procedure.
- It includes powers such as appearing in court hearings, signing legal documents, and conducting negotiations and settlements.
How long does POA take in Dubai
The duration of a POA in Dubai can be divided into two parts: the validity period and the issuance period.
Validity of a POA:
Original: How long does POA take in Dubai? A POA remains valid unless it has a specific expiration date, is revoked by the principal, or in the event of the death of either the principal or the attorney.
Maximum:
- For general and ordinary powers of attorney: The maximum validity period is three calendar years from the date of attestation.
- For litigation powers of attorney (for lawyers): How long does POA take in Dubai? The maximum validity period for a lawyer’s POA is five years.
- Specific powers of attorney for real estate: If the power of attorney is issued to complete a real estate transaction (such as a sale or mortgage), it may need to be re-stamped by a notary public after one year, otherwise it may not be accepted in certain transactions. Some sources indicate that a real estate sales power of attorney is valid for two years in Dubai.
- Specific powers of attorney: How long does POA take in Dubai? A power of attorney can have a validity period specified within the document itself, and may be valid until a specific date or until revoked. Special powers of attorney are limited to the transaction specified therein.
Duration of obtaining a power of attorney:
- Online: A power of attorney can be issued within one hour through the online services of the special notary public POA&more.
- Through a POA&more notary public: The transaction at the POA&more notary public office may take ten minutes or less to complete.
- General Procedures: The procedures include drafting the power of attorney, meeting with the notary public (which may be via video call), and receiving the power of attorney.
Grantor POA in Dubai
A Power of Attorney (POA) in Dubai, and the UAE in general, is an important legal instrument that allows one person (called the principal) to delegate authority to another person (called the attorney) to act on their behalf in specific or general matters. Therefore, within the discussion of how long does POA take in Dubai, there are two main types of powers of attorney in Dubai:
General Power of Attorney:
- Grants the attorney broad powers to manage the principal’s affairs in a wide range of transactions, such as financial decisions, real estate transactions, and any related contracts.
- This type of power of attorney must be drafted with extreme caution and granted to a fully trusted person, given the broad powers it confers.
- In some cases, a general power of attorney may not be acceptable for certain transactions (such as the sale of a property), and a special power of attorney may be required for these transactions.
Special Power of Attorney:
- Limits the attorney powers to specific and restricted tasks or transactions.
- This may include selling a specific property, managing a specific bank account, or representing the principal in a specific legal matter. It is safer in many cases, as it limits the scope of the attorney authority and prevents abuse.
The Importance of Grantor POA in Dubai
Powers of attorney are essential for many transactions in Dubai, allowing the principal to delegate vital tasks to another person, saving time and effort, especially in the following cases:
- Real Estate Transactions: Enables an attorney to buy, sell, and manage properties, and handle all paperwork and documents at the Dubai Land Department.
- Business and Commercial Affairs: Used by companies to authorize managers or employees to make decisions, sign documents, and represent the company in legal matters.
- Vehicle Power of Attorney Management: Handles the procedures for selling, purchasing, or registering vehicles.
- Financial and Legal Affairs: For individuals to manage bank accounts, handle legal matters, or establish a company, especially when unable to attend in person.
Grantor POA outside Dubai
When you need to authorize another person (the attorney) to act on your behalf (the grantor) outside of Dubai, the procedures and requirements vary depending on the location and purpose of the POA. Therefore, to discuss how long does POA take in Dubai, here are the types of POAs in Dubai:
- General Power of Attorney: Grants the attorney broad powers to manage all of the grantor’s financial, legal, and personal affairs.
- Special Power of Attorney: Limits the power of attorney to specific tasks or transactions only, such as selling a specific property, managing a bank account, or representing the grantor in a specific case.
Here: How to check power of Attorney online in Dubai
Procedures for Issuing a Grantor POA Outside Dubai
Generally, the procedures depend on the country in which the POA is issued. However, there are common steps to follow:
- Drafting the POA: The POA must be drafted clearly and concisely, clearly defining the power of attorney. It is recommended to consult a lawyer to ensure the wording is correct and complies with local and international laws.
- Preliminary Notarization: The POA is signed before a notary public in the country where the grantor resides.
- Attestation by the Ministry of Foreign Affairs in the issuing country: After attestation by a notary public, the power of attorney must be attested by the Ministry of Foreign Affairs in the country in which it was issued.
- Attestation by the UAE Embassy or Consulate: The power of attorney must be attested by the UAE Embassy or Consulate in the country in which it was issued. This ensures its recognition in the UAE.
- Attestation by the UAE Ministry of Foreign Affairs (for use within the UAE): When the power of attorney arrives in Dubai (or any other emirate in the UAE), it must be attested by the UAE Ministry of Foreign Affairs and International Cooperation to be valid and accepted in official transactions.
- Legal Translation: If the power of attorney is issued in a language other than Arabic, it must be translated into Arabic by a certified legal translation. This translation must be attested by the relevant authorities in the UAE.
Importance of Grantor POA outside Dubai
Issuing a power of attorney from outside Dubai (or outside the UAE in general) is of great importance to many individuals and companies for the following reasons:
- Facilitating remote procedures: A power of attorney allows individuals and companies to complete their transactions and business in Dubai or the UAE without the need for physical presence. This saves significant time, effort, and the costs of travel and accommodation.
- Property Power of Attorney and Investment Management: If you own real estate or investments in Dubai, a power of attorney grants the attorney (authorized representative) the authority to manage these properties, including buying, selling, leasing, and collecting, ensuring continuity of management even in the absence of the client.
- Legal and Judicial Matters: A power of attorney allows a lawyer or other authorized representative to represent the client before the courts, judicial, and quasi-judicial authorities in Dubai, filing lawsuits, submitting memoranda, negotiating, concluding settlements, and judicial enforcement. This is particularly necessary in cases of legal disputes or the need to pursue cases while outside the country.
- Company Formation and Business Management: For businessmen and investors, a power of attorney can authorize the attorney to complete company incorporation procedures, manage daily operations, sign contracts, and deal with government entities on behalf of the business owner. This enhances the flexibility and speed of business completion.
- Banking and Financial Transactions: A power of attorney can allow the attorney to manage bank accounts, withdraw and deposit funds, conduct money transfers, and handle all other banking transactions.
- Flexibility and Efficiency: A power of attorney contributes to enhancing the flexibility of legal and administrative transactions and ensures that businesses are organized effectively in accordance with UAE laws, thus guaranteeing legal rights and reducing potential disputes.
- Emergency or Unforeseen Situations: In the event of an emergency or unforeseen circumstance that prevents the principal from attending, a power of attorney is a vital tool for ensuring business continuity or handling critical situations.
Online POA Services in Dubai
POA&more POA Dubai offers online power of attorney services in Dubai, offering a range of tasks and services to facilitate the process of issuing a power of attorney online in Dubai. These services aim to make the process easy and convenient for individuals and companies, whether inside or outside the UAE. Therefore, within the discussion of how long does POA take in Dubai, we will explain the main tasks that POA&more performs to issue a power of attorney online:
POA Drafting:
- The company carefully and professionally drafts a power of attorney based on the client’s specific requirements. The drafting ensures that the provisions are clear and compliant with UAE laws, reducing the risk of the power of attorney being rejected later by government entities or third parties.
- The company offers options for drafting the power of attorney in both Arabic and English, and in some cases, it can include other languages. The power of attorney must be in Arabic to be officially recognized in the UAE.
Gathering the Required Information and Documents:
- The company is responsible for gathering all the necessary information and documents from the principal (the person granting the power of attorney) and the attorney (the person authorized to act).
- These documents typically include copies of passports and Emirates ID cards (if the principal is a resident), and, in the case of companies, a trade license, articles of association, and shareholders’ documents.
Review and Approval:
After drafting the initial draft, the company sends it to the client for review and approval. The client can request any amendments or additions to ensure the power of attorney fully meets their needs.
E-Notarization Assistance:
- This is the primary task of creating an online power of attorney. The company facilitates the process of notarizing a power of attorney remotely through the Dubai Courts’ smart notary system.
- The notarization is often done via a video conference (such as Zoom or Botim) with a public notary. The notary verifies the principal’s identity and consent to the issuance of the power of attorney using a one-time password (OTP) sent via email and phone.
- This process eliminates the need for the principal to physically appear at the notary’s office.
Representation and Attestation:
- Some companies offer representation services before government entities if necessary after the power of attorney has been notarized.
- They can also assist with attesting additional documents, such as attestation from the UAE Ministry of Foreign Affairs or embassies and consulates, if the power of attorney will be used outside the UAE.
Different Types of Powers of Attorney:
- The company assists clients in issuing various types of powers of attorney, including:
- General Power of Attorney (POA): Grants the attorney broad powers in a variety of matters.
- Special Power of Attorney (POA): Grants the attorney specific powers for a specific purpose (such as selling a property, managing a bank account, representing a legal case, power of attorney for a company, power of attorney for a car, power of attorney for marriage, etc.).
Speed and Convenience:
These companies focus on providing a fast and efficient service. In some cases, the power of attorney issuance process can be completed within one business day or even an hour, provided all documents are ready and the client is available for a video call.
POA&more and similar companies handle all the steps necessary to issue a power of attorney online in Dubai, from drafting and document collection to coordinating with a notary public for electronic attestation, saving the client time and effort.
Key Considerations about How long does POA take in Dubai
When preparing or using a power of attorney in Dubai, there are several key considerations regarding its duration. These considerations depend on the type and purpose of the power of attorney. Therefore, when discussing how long does POA take in Dubai, here are the most important points to consider:
Types of Powers of Attorney and Their Duration:
The following lines detail the types of powers of attorney in Dubai and their duration:
General Power of Attorney:
- In general, a general power of attorney remains valid unless revoked by the principal, or by the death of either the principal or the attorney.
- However, in some cases, such as powers of attorney involving real estate transactions (sale or mortgage), they may need to be re-stamped by a notary public after one year to ensure their validity in transactions.
- Some authorities impose a maximum validity period for general powers of attorney, such as three calendar years from the date of attestation, and five years for lawyer powers of attorney.
Special Power of Attorney:
- The validity period of a special power of attorney may be explicitly specified in the power of attorney. If no term is specified, the POA remains valid until the principal revokes it or until the purpose for which it was issued has been fulfilled.
- For example, a real estate sales attorney is valid for two years in Dubai.
POA Expiration:
How long does POA take in Dubai? A POA expires in any of the following cases:
- Expiration of a fixed term: How long does POA take in Dubai? If the POA is for a fixed term, it becomes invalid upon expiration of that term.
- Completion of purpose: If the POA is for a specific purpose (such as selling a specific property), it expires once that purpose has been fulfilled.
- Death: The death of either the principal or the attorney automatically expires the POA.
- Cancellation by the principal: The principal can revoke the POA at any time, unless the POA is irrevocable (which is rare). The cancellation must be formally executed through a notary public and notified to the attorney and relevant parties.
- Attorney Resignation: If the attorney decides to step down from the POA.
- Companies Liquidation/Deregistration: How long does POA take in Dubai? If the POA is issued to or from a company, the liquidation or deregistration of the company results in the expiration of the POA.
Extending the POA:
- How long does POA take in Dubai? If the POA expires, a new POA should be issued instead of attempting to extend the expired POA, especially if it has a specific term.
- For POAs that do not have a specific term, but may need to be re-stamped for real estate transactions, for example, this process serves as confirmation of the validity of the POA and not as an extension of an expired POA.
Importance of Clearly Defining the Term and Purpose:
- It is highly recommended to clearly define the duration of the POA, especially for special POAs, to avoid any misunderstandings or unwanted use in the future.
- The purpose of the POA must also be clearly and precisely defined to ensure its validity and effectiveness.
General Conditions for a POA:
Both the principal and attorney must have legal capacity.
The POA must be notarized by a Dubai Notary Public to be valid and legally recognized.
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Frequently asked questions
How long is a general power of attorney valid in Dubai?
How long does POA take in Dubai? A general power of attorney in Dubai remains valid unless revoked by the principal, by the death of the principal or attorney, or by the expiration of the term specified in the power of attorney itself, if one exists. However, there are some important points to keep in mind:
- No default expiration date: Basically, a general power of attorney has no default expiration date unless the power of attorney explicitly states so.
- Revocation: The principal can revoke a general power of attorney at any time, and this does not require the attorney’s consent. Revocation is typically done through a notary public.
- Death or loss of legal capacity: A power of attorney automatically expires upon the death of the principal or attorney, or if either of them loses their legal capacity.
- Special uses: Some types of general powers of attorney may have specific powers that affect their duration:
- Real estate transactions: A power of attorney for the sale of real estate is valid for two years in Dubai, while it can be valid for five years for the purchase of real estate. After this period, it may need to be re-stamped by a notary public to be accepted in certain transactions. Attorney’s Power of Attorney: The maximum validity of an attorney’s power of attorney is five years.
- Generally, in some cases: Some sources indicate that the maximum validity of a general power of attorney may be three calendar years from the date of attestation, particularly in Abu Dhabi, but this may vary depending on the type of power of attorney and the issuing authority.
- Renewal: If there is a specific term, the power of attorney can be renewed at a notary public.
How long does POA take in Dubai? While a general power of attorney typically remains valid until it is revoked or upon the death of one of the parties, it is important to review the text of the power of attorney itself and any specific conditions related to its duration or purpose. In cases of important transactions such as real estate, there may be requirements to renew or reseal the power of attorney after a certain period.
How many days does it take for a power of attorney to be issued?
A power of attorney can be issued in Dubai on the same day if all required documents are complete and correct.
Especially with online services and special notary offices, a power of attorney can be issued quickly, sometimes within an hour in some cases.
However, if the power of attorney requires complex drafting or translation, it may take a little longer (such as 2-3 business days for some services that include drafting and review).
What is the validity period of a power of attorney in Dubai?
How long does POA take in Dubai? Generally, a power of attorney in Dubai remains valid unless it is revoked by the principal, the death of either the principal or the attorney, or the purpose for which the power of attorney was issued has expired. However, there are some cases in which the validity period may differ:
- If the power of attorney specifies a specific term: In this case, the power of attorney expires upon the expiration of the specified term.
- Powers of attorney related to real estate transactions: Powers of attorney issued to complete a real estate transaction (such as a property sale or mortgage) may need to be re-stamped by a notary public after one year; otherwise, they may not be accepted in certain transactions.
- Powers of attorney for litigation: The maximum validity period for a lawyer’s power of attorney is five years. If the power of attorney is not for a lawyer, the attorney must be a relative of the principal up to the fourth degree.
- General Powers of Attorney: General powers of attorney generally remain valid unless an expiration date is specified, the principal revokes it, or either party dies. However, some sources indicate that the maximum validity period for a general power of attorney is three calendar years from the date of notarization.
- Commercial Entities: There are specific laws for commercial entities, and their validity period varies depending on the type and terms of the contract. In some cases, it may extend to five years.