The Memorandum of Association (MOA) is the most important document necessary for any company formation in Dubai. The MOA refers to a legal document that contains the basic information of the company—this includes the name of the company, its purpose, location of the registered office, and the details of the share capital. Besides that, it outlines the liability extent of shareholders and the rules governing the internal management of the company.
For any business to be in Dubai, notarizing the MOA is one of the most important steps one has to go through in order for a business to become legal and within the bounds of the law.
What is Memorandum of Association (MOA) Notarization?
Notarization refers to a process whereby the validity of the document and the person who signs the document is authenticated. Under MOA, a notary public—a public officer appointed by a government—asserts that:
- The MOA contains the correct information about the company and its name, objects, and capital.
- The signatories are all who they claim to be, the founders or shareholders of the company, and all have the authority to sign the MOA.
By getting your MOA notarized, you ensure the legal validity of this document and create a credible record for future reference.
Read All about Notarization – Process, Requirements, Fee
Why is MOA Notarization Important in Dubai?
Notarization of the MOA is compulsory for the formation of a company in Dubai. The following explains why it’s necessary:
- Legal Binding: Notarization transforms this MOA from just an agreement into a legally binding document with force and effect in the Courts of UAE.
- Verifies Signatory Identity: It removes all doubts about the person of signatories, protecting the company and its stakeholders.
- Establishes Credibility: Notarizing the MOA enriches the image of your company by proving that everything has followed proper legal procedure.
- Mandatory for Registration: The MOA is filed, along with other documents, for the registration of your business with the Department of Economic Development (DED) or any free zone authority.
Read more about- 15 Prohibited Notarial Acts that You Should Know
Requirements for MOA Notarization
- Identification Documents: Scanned copies of valid identification documents, either a passport or Emirates ID, should be provided by all shareholders.
- Power of Attorney: In case any shareholder cannot personally be present, their legal representative can sign in the presence of a valid Power of Attorney issued by that shareholder.
- Company Details: The details of the company have to be completely furnished, inclusive of the trade name reservation certificate issued by the DED.
- Legal Translations: In the case of MOA in other languages than Arabic, an official legal translation is a must.
The MOA Notarization Process in Dubai
These are the steps for notarizing the MOA in Dubai in a nutshell:
- Drafting a MOA
Start by drafting a MOA. The MOA shall consist of the company name, objectives, registered office, share capital of the company, and, finally, the name of the shareholders and their contributed share amounts. Make sure your MOA is in writing and in Arabic. You may take proper professional assistance in drafting a MOA, which shall be written as per UAE company formation rules and regulations.
- Signing Parties Preparation
All founders or shareholders having the right to sign the MOA need to be present while the MOA is notarized. In this case, it is obligatory for them to present a legal form of identification, which is a passport.
- Submission to Notary Public
This document requires presentation before the Notary Public, a qualified notary public in Dubai, together with identification documents. Address, date, and party’s identity shall be identified to the satisfaction of the Notary Public, who will then determine whether or not the document complies with any legal requirements. A notary can usually be found in government departments, courts, or private legal firms.
- Verification and Notarization
It will be upon notary public to ascertain the identities of the signatories, the content in the MOA, and through checking, whether the existing legal requirements have been adhered to. After the satisfaction of these aspects, the notary will go ahead to witness the signing and officially notarize the document.
Additional Considerations:
- Fees: Notaries charge for their services. It would be prudent to inquire about the charges in advance.
- Translation: In case your MOA is prepared in any language other than Arabic, an official translation may be needed along with the notarized copy.
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How HHS Lawyers Can Assist with MOA Notarization in Dubai
HHS Dubai Lawyers can assist you comprehensively throughout your MOA notarization. Our team of professionals will help you in:
- MOA Drafting: We ensure to draft your MOA correctly, adhering to all UAE company formation regulations.
- Notarization of MOA: Our team of experienced legal professionals can help at each step to ensure your MOA satisfies all the legal requirements and gets notarized effectively.
- Professional Guidance: Our lawyers can guide any queries that you may have with regard to MOA content or the legalities of notarization.
With HHS Lawyers in Dubai at your side, rest assured, the process of MOA notarization will be carried out effectively and with complete accuracy so that you may focus on your business and get it up and running in Dubai.
Contact HHS Lawyers to schedule a consultation wherein you can discuss your MOA notarization requirements.
