Notarization is the process of verifying and certifying legal documents by a person who is authorized by the government. Notarization is important to prevent fraud and ensure the validity and authenticity of the document. In UAE, there are two types of notary public: public notary services and private notary services. Each type has its advantages and disadvantages, depending on the needs and preferences of the client.
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What is a Notary Public in Dubai?
A notary public is a person who is authorized by the government to document and certify legal documents, such as contracts, wills, powers of attorney, affidavits, etc. A notary public also verifies the identity and signatures of the parties involved in the document. A notary public Dubai can be either a public official or a private lawyer, depending on the jurisdiction and type of document.
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What does a Notary Public in UAE do?
According to Article 2 of the Federal Law No. 4 of 2013, the notary public shall:
- Write contracts and instruments
- Authenticate the signatures of the concerned persons
- Prove the date of standard law documents as stipulated in this law
- Tender the oath
- Write and authenticate sworn statements
- Notify the warnings and protests that he writes or authenticates the signatures thereof to the concerned persons upon their request, according to the provisions of this law
- Place the writ of execution on the instruments edited or authenticated by him according to the provisions of this law
- Any other competencies assigned to him under another law.
These competencies apply to both public and private notaries unless otherwise specified by the law.
What are the types of Notary Public in UAE?
In UAE, there are two types of notary public in Dubai: public notary and private notary.
1. Public Notary Services in Dubai
A public notary is a government official who works at the headquarters or branches of the courts or the Ministry of Justice. A public notary can provide notary services to anyone who requests them, as long as the document is not contrary to the law or the public order. A public notary can also issue duplicate copies of notarized documents in case of damage or loss.
Requirements for Becoming a Public Notary in UAE
In the United Arab Emirates (UAE), the public notary profession is regulated by Federal Law No. 4 of 2013 on the Regulation of the Notary Public Profession. According to this law, there are some requirements and procedures for becoming a public notary public in UAE. According to Article 16 of the law, whoever wants to be appointed as a public notary public must:
- Be a citizen of the UAE.
- Hold a degree in Law or Sharia’a from a recognized university in the UAE.
- Not be convicted of a crime involving moral turpitude even if he has recovered his civil rights.
- Pass the prescribed procedures and tests.
Appointment of a Public Notary in UAE
- The notary public is appointed by a decision from the Minister of Justice. The Minister also specifies the workplace of the public notary public, which can be in the courts or at any other place as deemed by the Judicial Inspection Department.
- The law also stipulates that the accredited UAE consuls or their representatives in diplomatic missions can carry out the works of the public notary public outside the UAE, according to the controls issued by a Council of Ministers’ decision upon the Minister’s suggestion.
2. Private notary services in Dubai
A private notary is a lawyer who is licensed by the government to provide notary services from their office. A private notary can only provide notary services to their clients or those who have a contractual relationship with them. A private notary can also provide online notary services through a secure platform approved by the government.
The Eligibility Criteria for the Private Notary in the UAE
- The Law stipulates that the a board called the Private Notary Public Admission Board is formed by the Minister of Justice to review and approve the applications of the candidates who wish to become private Notary Publics.
- The board shall authorize the citizens who have at least five years of experience in judicial work or its equivalent in various legal fields, such as public prosecution, fatwa and legislation, state affairs, teaching Islamic sharia or law, or any other legal work deemed equivalent by the implementing regulations of the Law.
- The candidates must also meet the conditions which include:
- having a bachelor’s degree in law or sharia,
- passing a written and oral exam,
- being of good conduct and reputation, and
- Not being convicted of any crime that affects honor or honesty.
- The implementing regulations of the Law may also specify additional conditions and procedures for granting the authorization.
4. The Exception for Working Lawyers
The Law provides an exception for working lawyers who have the required experience to exercise the works of the private Notary Public, provided that they obtain the consent of the board.
What is the difference between Public and Private Notary in UAE?
The difference between public and private notary in Dubai can be summarized in the following table:
| Criteria | Public Notary | Private Notary |
| Citizenship | Must be a citizen of the State. | Must be a citizen of the State. |
| Educational Qualification | Requires a degree in Law or Sharia’a from a recognized university in the State. | Requires citizens with at least five years of experience in judicial work, legal professions, or teaching Islamic Sharia or Law. |
| Criminal Record | Must not be convicted of a crime involving moral turpitude, even if civil rights have been restored. | Same as a public notary. |
| Appointment | Appointed by a decision from the Minister. | Authorized by the Private Notary Public Admission Board, subject to certain conditions. |
| Work Location | Conducts transactions in the office, as per specified regulations. | Conducts transactions through a licensed office or law firm, subject to regulations. |
| Supervision | Governed by regulations specified in the Law. | Regulated by the Private Notary Public Admission Board and a Disciplinary Board. |
| Disciplinary Actions | Subject to disciplinary actions as per the Law and regulations. | Subject to disciplinary actions by the Disciplinary Board; penalties include warning, license suspension, cancellation, or registration deletion. |
| Appeals Process | Can appeal disciplinary decisions before the competent Court of Appeal. | Can appeal Disciplinary Board decisions before the competent Court of Appeal |
You should Know About: What is a Notary Public? Difference between Public and Private Notary Services
How to get a document notarized in UAE?
To get a document notarized in UAE, you need to follow these steps:
- Choose whether you want to use a public or a private notary, depending on your preference and availability.
- Prepare the original document that you want to get notarized, along with your original ID card or passport.
- Visit the office of the public or private notary that you have chosen, or request an online or home service if available.
- Present your document and ID card or passport to the notary, and sign the document in front of them.
- Pay the required fees for the notary service, which may vary depending on the type and complexity of the document.
- Receive your notarized document from the notary, along with a stamp and a signature that certify its validity.
What are some examples of documents that require notarization in UAE?
Some examples of documents that require notarization in UAE are:
- Power of attorney: A power of attorney is a document that authorizes a person to act on behalf of another person in legal matters. A power of attorney must be notarized by a public or private notary before it can be used in court or other institutions.
- Family ownership contract: A family ownership contract is a document that regulates the common ownership of a family in Dubai. A family ownership contract must be notarized by a public or private notary before it can be registered with the Dubai Land Department.
- Eviction notice: An eviction notice is a document that informs a tenant that they have to vacate a property within a certain period. An eviction notice must be notarized by a public or private notary before it can be legally enforced by the landlord.
Fees of a Notary Public in Dubai and UAE
The fees associated with notary in Dubai differ based on the document, value and the nature of the service that he or she offers, which could be a public notary or a private notary.
The fees of the public notaries are usually constant and controlled by the competent authorities whereas the fees of the private notaries can be different because of the complexity of the document and the nature of the service offered. There can be additional fees on online notarization or home services, which are offered where opportunity arises.
To prevent any delay and misunderstanding during the realization of the notarization, it is suggested to clarify the fee to be paid in advance.
The Notarization Time in Dubai
The time in which the notarization in Dubai is completed varies depending on the nature of notarization and the document.
In most cases:
- On the same day simple documents can be notarized.
- Faster processing could be provided by private notary services.
- In short periods, online notarization can be done within a short period (when allowed).
- High-value or complex documents might have to undergo further checking.
There can be a delay in terms of incomplete documents, improperly drafted documents, and those that need legal translation.
Dubai Online Notarial Services and Remote Notarial Services
Dubai allows notarization of some types of documents using recognized digital solutions. Online notarization is a convenient method especially to those people who cannot meet physically.
The documents that usually qualify as online notarizations are:
- Powers of attorney
- A declaration and affidavits.
- Corporate resolutions
- Consent letters
Remote notarization typically involves verifying the identity by use of official documents and using safe digital authentication. Nevertheless, not every document can be online notarized and they still need to be in the presence of a notary.
Notarization in the UAE: Requirements in Languages
The official language in the UAE is Arabic which is used as the language of notarization.
Letters written in English or any other language will then normally have to be translated into Arabic by a lawyer so as to be notarized. Any discrepancy is subject to the Arabic version.
Some individuals notaries can accept bilingual documents, but they should be in accordance with the current regulations. The document may be rejected in case of failure to satisfy language requirements.
Dubai Expatriate and Foreign Nationals Notarization
Notary services in Dubai are accessible to the expatriates and foreign nationals who are required to fulfill the identification and documentation requirements.
The necessary documents are usually:
- Valid passport
- Emirates ID
- Documents to support the transaction.
Depending on the intended use, foreign documents can be attested by the issuing country, and then subsequently by the UAE authorities.
In the UAE, Is Notarization Mandatory?
Under the UAE law, documents, which establish, assign, or assert any legal right or liability, are required to be notarized.
Common examples include:
- Powers of attorney
- Property-related documents
- Eviction notices
- Statements and affidavits.
- Some company and business papers.
Notarized documents notarized when necessary can be considered ineffective.
Application of UAE-Notarized Documents in Foreign Countries
Documents notarized in Dubai are accepted outside the UAE after attestation processes are taken.
This typically includes:
- The Ministry of Foreign Affairs attestation
- Certification of the embassy or consulate in the country of destination.
The requirements differ basing on the country of usage of the document and beforehand verification is recommended.
Typical Rejections of Documents by a Notary
The notary services might decline to notarize the documents because of various reasons among them being:
- Poor or unfinished write up.
- Lack of signatures or identification documents.
- Lack of necessary legal translation.
- Violation of UAE laws or law and order.
- Absence of the authority of the signing party.
A preview of documents prevents rejection and unwarranted delays.
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Frequently Asked Questions (FAQs): Notary Public in Dubai
What is the cost of hiring a notary in Dubai?
The notary fees in Dubai are differing according to the type of document, its worth, and the notary service offered by a public notary or a private one. There could be extra charges on online notarization or home services.
Do the notary fees charged by the public offices in the UAE vary?
Yes. Public notary charges are mostly determined and controlled by the competent authorities, and those of the private notary can fluctuate depending on the complexity of the documents and their type of service.
How does notarization take in Dubai?
Straight forward documents may be notarized within the same day. The processing time of private notary can be shorter, whereas more difficult or high-value documents can be more time-consuming because of further verification.
Is online notarizing of documents possible in Dubai?
Yes. Some documents may be notarized remotely on certified online platforms in case the type of document qualifies and the meeting of identity verification criteria.
What types of documents can usually be notarized online?
The frequently notarized documents are usually the powers of attorney, declarations, affidavits, corporate resolutions, and consent letters. Not all documents qualify.
Does notarization in Dubai need to be physically present?
Some documents might still need the physical presence. Online notarization is only allowed in certain situations, but there are also documents that should be signed in the presence of a notary.
Should Arabic be notarized in UAE?
Yes. Notarization is done in Arabic. Documents that are not in Arabic are normally supposed to be translated into Arabic by law and Arabic version is considered the most significant in case of contradiction.
Is it possible to have bilingual documents in Dubai notarized?
There are notaries who can accept the bilingual documents, as long as they do not violate the relevant regulations and legal rules.
Is it possible to use notary services in Dubai by expatriates and foreign nationals?
Yes. The foreigners and expatriates are able to notarize documents in Dubai by providing valid identification and supporting documents regarding the transaction.
Which documents do the expats need to notarize the documents?
The documents usually needed should contain a valid passport, Emirates ID (in case of residents), and transaction supporting documents.
Is the notarization required in the UAE law?
Yes. Any form of document that creates, transfers, or affirms legal rights or obligations, including powers of attorney, property documentation, eviction notices, affidavits and some business documents are to be notarized.
What will occur when a document to be notarized is not notarized?
These documents can be regarded as ineffective in legal practice, and they might not be recognized by the court and government.
Are documents notarized in the UAE applicable abroad?
Yes. The UAE-notarized DNA may be utilized in the foreign countries after a necessary procedure of attestation is completed, such as the attestation of the Ministry of Foreign Affairs and of the embassy or consulate.
Why do notaries repudiate documents in Dubai?
Documents can be rejected because of failure to prepare the documents, signature or identification, failure to translate the documents in accordance with the law of UAE, breach of the UAE laws, or failure by the signing party to have powers.
What should be done to prevent document rejection by a notary?
Reading and working on documents beforehand and making sure that they are legal, language and identification compliant will assist in avoiding rejection and delays.
For more information on the subject, please don’t hesitate to contact HHS Lawyers and Legal Consultants.
