Board Resolution Attestation in the UAE is a formal process that legitimizes decisions made by a company’s board of directors, making them legally recognized by government entities and other institutions both inside and outside the UAE. This attestation is essential to prove the validity of the decisions made and give them enforceability.
Attestation of Commercial Documents
The process of attesting commercial documents in the UAE involves several steps to ensure the legal recognition of these documents and their use within the country. Here is an overview of Board Resolution Attestation:
Identifying the Required Documents:
First, you must identify the commercial documents that need attestation. These typically include:
- Certificates of Incorporation and Trade Licenses.
- Companies’ Articles of Association and their annexes.
- Board of Directors and General Assembly Resolutions.
- Commercial Powers of Attorney.
- Commercial Invoices and Certificates of Origin.
- Commercial Contracts and Agreements.
- Financial Documents such as Account Statements and Financial Reports.
Local Attestation (in the Country of Origin):
- Notary Public: The process typically begins with the document being attested by an authorized notary public in the country where the document was issued.
- Chamber of Commerce: Some commercial documents may require attestation from the local Chamber of Commerce in the country of origin, especially commercial invoices and certificates of origin.
- Ministry of Foreign Affairs: The document is then attested by the Ministry of Foreign Affairs in the country of origin. This gives it an official stamp of authenticity for use abroad.
UAE Embassy or Consulate Attestation:
The next step is to submit the document to the UAE Embassy or Consulate in the country of origin for attestation. The embassy or consulate verifies the stamp and signature of the Ministry of Foreign Affairs in the country of origin.
UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) Attestation:
Once the document arrives in the UAE, it must be submitted to the Ministry of Foreign Affairs and International Cooperation (MOFAIC) for final attestation. Board Resolution Attestation makes the document officially acceptable to all government and special entities in the UAE.
Read more: Board Resolution For Opening Bank Account Services UAE
What is Board Resolution Attestation?
Board Resolution Attestation in the UAE is a formal process for verifying and legalizing board decisions. This attestation is necessary in many situations, such as:
- Opening new company branches inside or outside the UAE.
- Signing important commercial agreements and contracts.
- Conducting legal transactions with government or special entities.
- Proving the validity of decisions made before courts or judicial authorities.
Board Resolution Attestation Steps in the UAE
Attestation procedures vary slightly depending on the nature of the decision and the entity requesting attestation, but in general, they include the following steps:
- Preparing Board Meeting Minutes: The minutes must clearly detail the meeting, clearly state the decisions taken, and be signed by all board members present.
- Notary Public Attestation: The minutes are submitted to a notary public in the UAE to authenticate the signatures and seals. The notary verifies the identity and authority of the board members.
- Attestation by the Ministry of Foreign Affairs and International Cooperation (MoFAIC): After the notary public’s attestation, the minutes are submitted to the UAE Ministry of Foreign Affairs and International Cooperation for attestation. The Ministry of Foreign Affairs stamp is necessary for the document to be recognized at the federal level and abroad.
- Notarization by the relevant country’s embassy (if required): If the board resolution will be used in another country, it may require notarization by that country’s embassy in the UAE.
Why is Board Resolution Attestation necessary?
Board Resolution Attestation is critical for several fundamental reasons that ensure the integrity, legitimacy, and sustainability of a company’s operations. Here are the most important of these reasons:
- Formal and legal legitimacy: Attestation documents decisions made, making them official and binding on the company and all stakeholders. Without attestation, decisions may be deemed invalid or subject to appeal.
- Documenting responsibility and accountability: Board Resolution Attestation clearly identifies the decisions made by the board and the individuals responsible for implementing them. This enhances accountability and ensures that stakeholders are held accountable for their actions.
- Ensuring transparency and good governance: The Board Resolution Attestation process ensures that board deliberations and votes on decisions are documented, enhancing transparency in decision-making processes and contributing to the application of good governance principles.
- Referencing when needed: Board meeting minutes, which include the attested decisions, are an important reference in the future. They can be referred to to understand the context of the decisions made, recall details, and resolve any disputes that may arise.
- Compliance with legal and regulatory requirements: Documenting and attesting board decisions is a legal or regulatory requirement. Failure to comply with these requirements may expose the company to legal accountability or penalties.
- Protecting the interests of the company and shareholders: Board Resolution Attestation ensures that decisions made have been properly considered and serve the long-term interests of the company and shareholders.
- Facilitating audits and reviews: Minutes of meetings and approved resolutions are essential documents for internal and external audits, facilitating review and ensuring the integrity of procedures.
Board Resolution Attestation is not merely a formality; it is an essential process for ensuring the legitimacy, transparency, and accountability of company management, protecting the interests of all stakeholders, and complying with legal requirements.
What is the Board Resolution Attestation Process in Dubai?
The Board Resolution Certificate (BRC) process in Dubai is a legal procedure aimed at legitimizing and legalizing the decisions made by a company’s board of directors. The BRC ensures official recognition of these decisions by government entities and other institutions inside and outside the UAE. The BRC process in UAE includes the following steps:
- Preparing the BRC: The resolution must be documented in writing and signed by the board members present at the meeting. The resolution must include clear details about the subject matter of the resolution and the procedures required to implement it.
- Notary Public: The board resolution is submitted to a notary public in Dubai. The notary public verifies the identity and authority of the signatories and ensures that the resolution was made in accordance with legal procedures and the company’s articles of association. The notary public then stamps and signs the resolution, making it official. This step can be completed in person or via videoconference, depending on the available procedures.
- Dubai Chamber of Commerce and Industry (DCCI): In some cases, the DCCI may require a Board Resolution Certificate (UAE) from the DCCI, especially if the resolution relates to commercial activities or foreign transactions.
- Ministry of Foreign Affairs and International Cooperation (MOFAIC): As the final step for local attestation, the attested resolution (and the Chamber of Commerce, if necessary) is submitted to the UAE Ministry of Foreign Affairs and International Cooperation. The Ministry stamps and authenticates the document, making the Board Resolution Certificate Mashreq Bank internationally recognized.
- Embassy or Consulate of the Foreign Country: If the board resolution is to be used in a foreign country, it may require attestation by that country’s embassy or consulate in the UAE after completing the local attestations.
What are the requirements for board resolution?
- An original copy of the board of directors’ resolution, signed and stamped (if applicable).
- A copy of the company’s valid trade license.
- A copy of the company’s articles of association and memorandum of association.
- Copies of the partners’ or board members’ IDs (such as passports or Emirates ID cards).
- An official authorization letter (if a member is authorized to sign).
- Any additional documents that may be requested by the relevant authorities (such as the minutes of the board meeting in which the resolution was made).
How can POA&More help you with Board Resolution Attestation?
- POA Dubai Consultation: They can provide advice on the legal and procedural requirements for obtaining a Board Resolution Attestation.
- Document Preparation: They may assist in reviewing a draft Board Resolution to ensure it meets legal requirements.
- Notary Arrangements: They can book appointments with a notary public and facilitate the signing and attestation process.
- Government Attestations: They can submit and follow up on attestation procedures with the Chamber of Commerce and the Ministry of Foreign Affairs.
- Time and Effort Savings: They handle complex procedures on your behalf, saving you time and effort.
- Efficiency and Expertise: They have experience handling these procedures and are familiar with the specific requirements of government entities.
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FAQ
How to get board resolution certificate in UAE?
As a company specializing in notary and notary services in Dubai and other emirates, POA&More can help you obtain a board resolution certificate efficiently and smoothly. Here are the general steps you can follow, keeping in mind that POA&More will handle many of these procedures for you: Basic Steps to Obtaining a Board Resolution Certificate in the UAE:
Preparing a Draft Board Resolution:
- The draft must clearly detail the resolution passed by the board of directors. This may include appointing a new director, opening a branch, changing the management structure, or any other formal decision.
- Ensure that the draft includes all necessary information, such as the company name, the date of the meeting, the names of the board members who attended and voted, and the full text of the resolution.
Signing the Board Resolution:
The board resolution must be signed by the board members authorized to sign according to the company’s articles of association.
Notarization:
- This is a crucial step in the UAE to formalize and legalize the board resolution.
- POA&More’s Role: POA&More can facilitate the board resolution attestation process through a certified notary public in Dubai. They can assist you in preparing the required documents and arranging appointments with the notary public. They may also provide remote attestation services in some cases.
Chamber of Commerce Attestation:
- This step is usually required, especially if the board resolution certificate will be used for commercial purposes or with government entities.
- POA&More’s Role: POA&More can submit the notarially attested board resolution certificate on your behalf to the relevant Chamber of Commerce in the UAE for the chamber’s stamp and attestation.
Ministry of Foreign Affairs and International Cooperation (MOFAIC) Attestation:
- If the board resolution certificate will be used outside the UAE, an additional attestation from the Ministry of Foreign Affairs and International Cooperation may be required.
- POA&More’s Role: POA&More can complete this step on your behalf after obtaining the Chamber of Commerce attestation and submit the documents to the Ministry of Foreign Affairs for final attestation.
What does “attest” mean on a resolution?
- Formal approval: Board Resolution Attestation may mean obtaining the approval of a higher authority or authorized body to approve the decision. For example, a decision issued by a subcommittee may require ratification by the main committee or the CEO.
- Signature and seal: In some cases, Board Resolution Attestation requires the signature and seal of an authorized official on the official document containing the decision. This gives it official and legal status.
- Publication and announcement: For decisions of a public nature or affecting a large group of people, attestation may mean publishing the decision in the Official Gazette or announcing it by other means to make it effective and binding.
- Registration and attestation: For some legal or real estate decisions, attestation may require registration and attestation with the relevant authorities to ensure its validity and enforceability.
- Acknowledgment and confirmation: In other contexts, attestation may simply mean the relevant authority acknowledging the decision and confirming its content.
Finally, we talked about Board Resolution Attestation. The Board Resolution Attestation process in the UAE generally involves signing the resolution, having it authenticated by a notary public, and in some cases, having it authenticated by the Ministry of Foreign Affairs, the Chamber of Commerce, and/or the embassy of the country in question.
