Learn All about Public and Private Notary in UAE

You must go to a notary public Dubai to avoid fraud, and disputes and to authenticate a series of legal documents. Likewise, through a private or public notary, you can notarize documents for different circumstances in Dubai and the UAE. In addition, these services could be completed entirely online, that is, from wherever you are and whenever you require it.

In this article, you will learn about the role of a notary and how they can help you in different legal transactions. Similarly, you will learn many aspects such as the news about the legalization of documents in the country.

What is a Notary?

If you are wondering, what is notary public? The answer is that both public and private notaries are people who have a legal degree. Also, according to the legislation, they have to be nations and without criminal records. Likewise, a person of Arab nationality may be outside the condition if their work experience as a notary is 10 years.

What Does a Notary Public Do?

Notary public services Dubai will be necessary for any legal or commercial transaction in the Emirates. Equally, the Dubai notary will serve as an eyewitness in signatures for the legality of any document. Moreover, they have an official seal that allows you to guarantee the legitimacy of the document.

Below, you will see in detail some of the most important services provided by this professional.

Estates

This service is about wills and any similar document. In this case, notaries validate the signature and will. The name of this legal act is witnessing a signature. In the same way, it is a witness to validate the signing process, always having an impartial and assertive aptitude. Therefore, this action provides the document with the required legitimacy and reliability.

Deeds

In this service, the notary public Dubai will assist family members in notarizing a contract or any similar document.

Powers of attorney

The POA or power of attorney is the document that will allow a person the power to manage different matters. These matters could be financial, legal, or personal acting in place of another.

Affidavits

The notary public Dubai is tasked with taking statements from a witness who is under oath. In this case, it is useful when the witness cannot testify in the courtroom in person.

Licenses

In Dubai and the rest of the Emirates, legal documents will have to be authenticated by a notary. Therefore, licenses and passports, among others, are some documents that notaries can manage. However, some documents are limited by the notary for their legality.

Contracts

A service of the notary is to validate and authenticate a contract and thus make it legal. However, the notary is responsible only for the signatures on the document, not the content of contracts or legal documents.

Loan documents

A notary public could help you with loan-related documents. In this case, your participation is important because you could prevent any fraud. Thus, they could ensure the validity of the document of the signatories, such as verifying identity to comparing signatures, among others.

Trusts

In this case, it participates in the verification and notarization of documents in this type of transaction.

Prohibited acts for the notary public UAE

The notary public Dubai cannot certify any document outside the place of work or business. Therefore, mobile notaries take the documents and return them when they have already legalized them. Likewise, if the notary has a notarial commission in a specific jurisdiction, he or she will not be able to do the certification elsewhere.

However, there are certain exceptions to the rules established for notaries. Conversely, a notary will not be able to certify a document if a signatory is not present or does not present proof of their identity. Also, if a notary is part of a transaction, he or she cannot be part of that procedure.

A Notary Public in the UAE Necessary for Legal Documents

A notary public Dubai is the one who certifies the legal processes for certain documents, ensuring that the signatures and agreements are genuine. It also certifies the documents to make them legal for execution in court as evidence. In addition, the recognition of notaries is important for administrative agencies, courts, and similar entities.

What is notarization in Abu Dhabi, Dubai, Sharjah, and all UAE?

• ·      A notary public UAE is the one who does the process of notarizing a document. In this case, they can verify the document and the veracity of the signatories.
• ·      The notarization process prevents fraud and guarantees the legality and validity of each document.
• ·      According to the law, notarization represents the legality of the content of the document.
• ·      A notarized document provides an additional credibility benefit compared to one where participants could deny their participation.
• ·      Additionally, for a notarized document damaged for some reason, the notary could provide you with a copy with the corresponding legal seals.

Duties of a Notary in UAE

Article 2 of federal law No. 4 of 2013, establishes that the Dubai notary public has the following duties:

• ·      Drafting of instruments and contracts.
• ·      Legalize the signatures of the people involved.
• ·      Authorize as stipulated in this law, the date of standard law documents.
• ·      Take the oath.
• ·      Transcribe and legalize sworn statements.
• ·      Report the warning and protests that you draft or legalize the signatures of the interested parties, when they request it according to the legal provision.
• ·      Place the execution order in the documents drawn up or verified by the notary according to the provision of the law.
• ·      Public or private notaries may fulfill any competence attributed by law.

Differences Between Public and Private Notaries in the UAE

Both the notary public Dubai and the private one have their particularities, differences, and similarities, as you will see below:

The notary public

This is an official with particular powers and duties who have the permission of the government for official and legal procedures. Generally, these government-appointed professionals are authorized to perform various notarizations. Hence, these notaries guarantee the integrity of document transactions within the legal framework of the emirate.

The notary public Dubai fulfills the following fundamental responsibilities:

• ·      The transcription of instruments and contracts of various kinds, taking into account the provision of the law.
• ·      Legalization of signatures on documents of natural persons.
• ·      Proof of the dates on the documents and provide proof of the date of the transaction or document.
• ·      They are the administrators of oaths and transcribe and validate the sworn statements, after confirming the capabilities of the people involved.
• ·      These notaries are authorized to place the execution order on documents authenticated or drafted for legal execution.
• ·      They keep meticulous records of the different procedures, including the original documentation and other information.

The private notary

On the other hand, private notaries are those who perform notarial acts without any appointment from the government. Likewise, the Dubai notary public is generally people with extensive legal experience as legal consultants or lawyers. Additionally, they assist in specific procedures, generally in private offices, and their responsibilities are:

• ·      The private notary authorizes notarial acts based on his or her qualifications or experiences, generally after receiving approval from a regulatory body.
• ·      These notaries may carry out particular transactions such as real estate, contracts, and legal agreements, certifying their legality.
• ·      These notaries do their work under supervision, making sure they comply with ethical standards and legal regulations.
• ·      Private notaries are registered and they are in official registers and comply with the specific standards of the regulatory authorities.

What is the eligibility to act as a notary?

The Minister of Justice is the one who approves the application of the aspiring notary public Dubai. This action is done through a meeting called the Admission Board of Private Notaries Public, where the candidates are reviewed and approved.

Likewise, this board is the one who will authorize people who have at least 5 years of experience in different judicial tasks. These legal fields are public ministry, state affairs, and Islamic law, among others. In this case, they would be legal works that can be considered similar by legal standards.

Additionally, aspiring notaries must meet the following conditions:

• ·      Possess a bachelor's degree in sharia or law,
• ·      Present and pass both a written and oral exam,
• ·      Have good conduct and reputation and have no criminal record that goes against honesty and honor.
• ·      The regulations for the development of the Law may also specify additional conditions and procedures for granting the authorization.
• ·      The exception for working lawyers.

Furthermore, the law makes exceptions for active attorneys with the experience necessary to perform private notarial tasks. Nevertheless, they must have the approval of the Board.

E-notary

• ·      The E-notary is notary public services Dubai that will allow you to complete the notarial process online without having to go to the notary offices. It also offers private and public notaries in Dubai, which are regulated and authorized by the courts of the emirate.
• ·      An E-notary will offer you an intelligent service that will help you with recognition, certification of powers, and legal warnings, among others. Likewise, these services are faster, more convenient, profitable, and secure.
• ·      You can use these services by registering on the Dubai court platform or connecting with a private notary and uploading the documents in PDF.
• ·      These services are authorized and recognized by the UAE authorities and are certified by the Ministry of Foreign Affairs.
• ·      This initiative is an example of the transformation of Dubai into a modern and intelligent city. Thus, the emirate will offer flexible and advanced solutions for both national and foreign citizens.
• ·      These legal consultants and lawyers are a team of qualified professionals with a lot of experience in managing notarial services. Likewise, they will be able to advise you on the consequences and legal implications of notarized documents.

New rules for notarizing commercial documents for the Emirates

Before, you could put together commercial documents that were used to certify different documents in front of the notary at once. In this case, you could save on expenses concerning legislation at the embassy. Now, commercial document packages for legislation are no longer accepted. Therefore, you will have to legalize each document individually.

Guidelines for submitting documents to a notary public Dubai

Next, you will learn how you can use the services of a notary in the UAE:

1. Notarization

In this first step, the notary will authenticate the signature of your documents, for which we advise you to be present at the time of signing. Likewise, if you are trying to sign documentation for a company, you will need to show the notaries that you have the authorization to do it.

2. Certification

The second step is the legalization or apostille of the document. In the same way, the attestation of the document will demonstrate its legality at an international level. Also, it will be the Ministry of Foreign Affairs that will attest to the document, completing the verifications. This will include verifying the legality of the notary who is recording the document and that the information is accurate.

Then, once the verifications are completed, your document will receive the required apostille.

3. UAE Embassy Certification

The Emirates do not belong to the Hague Convention, so the documents must have 2 additional certifications as you will see below:

• ·      The consulate or embassy of the United Arab Emirates is the one that carries out the first certification. In this process, these government entities will ensure that your document has been endorsed by the correct ministries. In the UK this is done by the Commonwealth Foreign Office.
• ·      Subsequently, it is the UAE consulate that is responsible for stamping the document to validate the date and prove that the document received certification.

4. UAE Ministry of Foreign Affairs

The fourth and final step is the certification of the document by the Ministry of Foreign Affairs of the United Arab Emirates, with this step, they will verify that the previous steps were done correctly. Finally, once these processes are completed, the UAE Ministry of Foreign Affairs will certify the document again. Therefore, the document will get the necessary legality in the UAE.

In summary

A notary public Dubai is a government-appointed professional whose role is to notarize and certify documents in the UAE. In the same way, with the current changes, this task is a little more complicated. However, with the implementation of E-notaries, the task is a little less burdensome, since this technology saves time.

Also, if you want help or advice, we are here to help, just contact us and our professionals will assist you.