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. This article will help you understand the notary services in UAE better and make informed decisions when you need them.
What is a Notary Public in UAE?
A notary public is a person who is authorized by the government to document and certify legal documents, such as contracts, wills, power of attorneys, 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.
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 Public 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 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.
For more information on the subject, please don’t hesitate to contact HHS Lawyers and Legal Consultants.