A Notary Public is a public official who plays a crucial role in the legal and business sectors. Notaries are responsible for performing various official acts, including witnessing the signing of important documents, administering oaths, and verifying the identities of parties involved in transactions. Notaries serve as impartial witnesses, ensuring the authenticity and legality of documents. There are two types of Notaries Public: Public Notaries and Private Notaries. Below is an in-depth explanation of both, highlighting their differences and key responsibilities.
What are the Differences Between Public and Private Notaries in the UAE?
| Aspect | Public Notary | Private Notary |
| Authority | Public employee appointed at the Ministry Private Notary Public | Private professional, is licensed to exercise Notary Public works and is not appointed by the government |
| Scope of Authority | Broad, can perform various notarial acts | Limited, handles specific transactions within the expertise |
| Regulation | Regulated by government agencies | Regulated by professional bodies and associations within the field of expertise |
| Appointment | Appointed by government authorities | Works independently or within legal firms after meeting specific qualifications and requirements |
| Typical Duties | Writing contracts, authenticating signatures, proving dates, putting to oath, and more | Handling specific legal transactions, ensuring their authenticity and legality |
| Supervision | Government oversight, strict compliance with laws and regulations | May be supervised by professional bodies and adhere to ethical standards within their field |
| Notarial Acts | Can perform a wide range of notarial acts | Focuses on specific transactions within professional expertise |
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Public vs Private Notaries in the UAE: What You Need to Know
Public Notaries are government-appointed officials with specific powers and duties related to legal and official documents. They are typically appointed by the government and have the authority to perform a wide range of notarial acts. Public Notaries are essential in ensuring the integrity of documents and transactions within the legal framework of a country. Their key responsibilities include:
- Writing Contracts and Instruments: Public Notaries draft and authenticate various contracts and legal instruments as required by law.
- Authentication of Signatures: They authenticate the signatures of individuals on common law documents upon request, ensuring the legitimacy of the signatures.
- Proving the Date of Instruments: Public Notaries validate the dates of common law documents and provide certificates proving the date of submission.
- Putting to Oath, Writing, and Authenticating Sworn Statements: They administer oaths and write, and authenticate sworn statements after verifying the identities and capacities of the concerned individuals.
- Placing the Writ of Execution: Public Notaries affix the writ of execution on instruments they have written or authenticated, facilitating legal enforcement.
- Maintaining Records: Public Notaries maintain meticulous records of transactions, including original documents and related information.
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E-Notary by Notary Public and Private in Dubai
- E-notary is a smart and innovative service that allows people to complete their notarization transactions online without visiting the notary public branches. E-notary is offered by both public and private notaries in Dubai, who are licensed and regulated by the Dubai Courts.
- E-notary services include attestation of power of attorneys, acknowledgements, legal warnings, and other documents that require notarization. E-notary services are convenient, fast, secure, and notary cost-effective.
- To use E-notary services, one needs to register on the Dubai Courts website or contact a private notary firm and upload the required documents in PDF format. E-notary services are recognized by the authorities in the UAE and can be attested by the Ministry of Foreign Affairs if needed. E-notary is a great example of how Dubai is transforming into a smart city by providing innovative and flexible solutions for its residents and visitors.
HHS Lawyers and Legal Consultants have a team of qualified and experienced lawyers who can handle any type of private notary service in Dubai. They can also advise you on the legal implications and consequences of the notarised documents. For more information, don’t hesitate to contact us.
