power of attorney in the UAE Legal advice

Everything that you need to know about The Power of Attorney in the UAE, Abu Dhabi, and its services through Online

 

Currently, it is normal that you must attend meetings for legal matters; but, for work or personal reasons, you cannot attend. This is why it is important to know that there is power of attorney in the UAE. They are very useful because they can help your lawyer solve many situations in the best way.

In this article, you will see all the information you need about the power of attorney in Abu Dhabi. The first thing will be to say what a power attorney is and what you need for one. In addition, we will show you some cases where it is evident how important this document is. And to finish, we will let you know everything you need about the process to obtain one. In particular, we will talk about:

  1. What is a power of attorney in the UAE?
  2. What do you need to know about article 177 of the civil procedures law?
  3. Some cases that demonstrate the importance of a power of attorney in the UAE
  4. How do you register to obtain this document?
  5. What is the cost of this file?
  6. How to request a power of attorney without being in the UAE?
  7. Connect Legal can help you obtain a power of attorney in the UAE

1. What is a power of attorney in the UAE?

 

power of attorney in the UAE

The power of attorney is a document that allows the sender to grant legal rights to another person or company. This makes it a very important document if you want to carry out certain procedures legally. It should be noted that the person interested in carrying out this process knows when it is necessary to resort to this document.

In general, this document is required when there is a business or procedure to be carried out and the person in charge cannot do so. However, the person in charge does not necessarily have to be incapacitated to make use of this document. You can use it when you don’t want to do the paperwork yourself, having someone else do it for you.

A clear example of these cases is seen when a lawyer receives a power of attorney from a client. Here the lawyer can legally represent the person in court without the person being present. In this way, we can see the importance of this document since it facilitates certain legal processes.

Another example of this is when a person residing outside the UAE owns property in the country. Knowing this can empower a friend or company to be responsible for the property. In this way, they will be able to rent or sell the property without the need for the owner to be in the country.

2. What do you need to know about article 177 of the civil procedures law?

 

Powers of attorney are generally thought of as being the same for all legal matters. The truth is that yes, you can get one in any case you need it, but some require extra procedures. As explained in article 177 of the civil procedures law, which says the following:

  • In the event of a challenge

For a challenge in cassation, the written challenge must be brought to the court’s office. This must be signed by an attorney who must be authorized to represent you. In addition, you must bring proof of payment that proves that you paid the total fees, plus the guarantee. Once the process is done, the resource will be taken to the registry so that it can be applied.

  • When did you deliver the power of attorney in Abu Dhabi?

The first thing is that the resource must be reserved for the sentence. This must be done by a recurring. For this, the lawyer who is authorized by the notarized power of attorney in Abu Dhabi that was granted to him, oriented on the resource.

  • What happens if they do not follow the steps for recusal?

When making the challenge in cassation they do not comply with the steps mentioned above; this challenge will be dismissed. After this, the ex officio court will proceed to resolve this challenge that was dismissed.

3. Some cases that demonstrate the importance of a power of attorney in the UAE

Powers of attorney are very important documents and if issued incorrectly can be declared invalid. Next, you will see some cases that will show us the importance of carrying out this document correctly:

3.1 Case 1

The first case deals with an employee who filed a labor lawsuit against his company for having pending labor quotas. Given this demand, the company issued a Power of Attorney to a lawyer to represent them. This power of attorney was accepted by the court in the first instance, where the sentence was to force the company to pay.

The company decided to appeal this decision before the court of appeals and used the same power of attorney which was accepted. The decision was again in favor of the company, confirming the ruling of the court of the first instance. The company challenged this sentence before the court of appeal but decided to focus on a different aspect.

In this case, they focused on the attorney’s power to represent the appeal. In this way, the court was forced to examine this problem even though it was not raised by any of the parties. The problem lies with the person who issued the power of attorney to the attorney. This person issued the power of attorney under another power of attorney in your name by the company representative.

The articles of incorporation of the company were referenced in this power of attorney. However, this act was not submitted together to the power of attorney and there were no documents to support this. Therefore, the court dismissed this case in the absence of such documents.

3.2 Case 2

In this case, a challenge was made before the court of cassation. Here the challenge was also dismissed due to the lack of evidence at the time supporting the power of attorney presented by the attorney. As in case 1, the court was able to observe that this requirement is important to verify the validity of the power of attorney.

It is important to take into account the powers of the person who appoints the lawyer and if they allow certain things. In this case, to challenge a sentence before the court of cassation. Here the court realized that the business license presented by the appellant was from a limited liability company.

Article 83 of the company law says that there has to be a manager who handles your business affairs. You can also represent her in court. In this case, the power of attorney was issued by a partner of the company. This did not refer to his quality as a manager or representative. The court also noted that they did not present any evidence of their managerial capacity.

In this way, the court determined that it could not be confirmed that the lawyer was properly appointed. Therefore, since the power of attorney was not the right person, the court dismissed the case due to these reasons.

4. How do you register to obtain this document? Also a step-by-step guide on how to do a power of attorney in Abu Dhabi 

 

power of attorney in the UAE

If at any time in your life you need UAE power of attorney; you must keep in mind that the process to obtain it is not complicated at all. But, it is important to note that this process may vary depending on whether you are a company or a natural person. In summary, there are only two steps, the first, write the power of attorney; and the Second, take it before a notary.

Something important that you should know is that, with the arrival of the COVID-19 pandemic; The process to obtain it was made much shorter and, in addition, it is done via the Internet. A question that people normally ask themselves is the language in which it should be written. The truth is, it can be in both English and Arabic; but, Arabic will always have priority.

Next, you will see a step-by-step guide on how to do a power of attorney in Abu Dhabi, depending on the two cases that exist.

4.1 Power of attorney from person to person

  • The first thing will be to go to a typing site that is authorized in the drafting of a notarized power of attorney.
  • You must have an identity document that you have, in the emirate that you are in. If they do not have it, they must present a copy of the passport of both the beneficiary and the one granting the power of attorney.
  • Now, you must fill out the respective form for a power of attorney. The typing center will take care of that job.
  • The typing center must take the power of attorney to the notary public. This can be done via the internet.
  • After doing all this, the person who grants the power of attorney must go through the authentication process with the notary. The notary will send you via email the time and date on which the appointment will take place. Importantly, this is done via video call.
  • While the video call is going on, the first thing they will ask you to do is show your original identity documents.
  • Finally, at the end of the video call, the notarized power of attorney in the UAE will be sent to your email.

4.2 Power of attorney from person to lawyer (General Power of Attorney Dubai Sample).

  • In this case, most of the work is done by the law firm. The first thing will be to present the UAE notarized power of attorney. This will be done by the lawyer via the internet.
  • When sending the power of attorney Dubai sample, it must be done together with the identification documents of the principal. These are the ID in the corresponding emirate or a copy of the passport. In addition, some documents of the lawyer must be attached, among them; your attorney business license, your attorney family book, your lawyer card, and your ID.
  • After having delivered everything correctly, the notary will request the date and time for a video call by email.
  • During this video call, you must show all the documents sent, but the originals.
  • At the end of the video call, the notary will send you the notarized power of attorney to your email.

5. What is the cost of this file?

You should know that every legal procedure you carry out in any country has its cost. A power of attorney in Abu Dhabi is no exception. The most important thing to keep in mind is that; the price will vary depending on the duration of the power of attorney your request.

Generally, the price of the power of attorney in Abu Dhabi is around Dh300 + VAT (Value Added Tax). But, you must keep in mind that this can increase or decrease depending on the time you request it. In addition, you must pay for all the expenses that arise in the typing center. These can start from Dh80 without the tax. Additionally, the lawyers’ fees

6. How to request a power of attorney without being in the UAE?

There are some cases of people who are not in the UAE but need a notarized power of attorney. The truth is, without being in UAE, they can obtain it. The first step is to go to a notary in the country you are in, to be able to certify the power of attorney. You can use a power of attorney UAE format that you can obtain online.

The next step is to take the power of attorney to the Ministry of Foreign Affairs of the country where you are. Then, you must take it to the UAE embassy of that country and have it certified in both places. When the power of attorney is certified, the original will be sent by email to the UAE. This is to be certified by the Ministry of Foreign Affairs for International Cooperation (MOFAIC).

This document must be translated into Arabic. It is also important that the Arabic translation you do must be certified by the Ministry of Justice. When you have completed all these steps, your power of attorney is ready to use.

7. Connect Legal can help you obtain a power of attorney in the UAE

As you can see, obtaining a power of attorney in Abu Dhabi is not a difficult process and can be very useful. But, it is important that when you start this legal process, you are well advised. Otherwise, you may have different kinds of problems. This is why, when you need this document, you should contact Connect Legal.

Our professionals want to help you with any query you may have. You just have to register on our platform and get in touch with them. We provide services in:

connect Legal

At our firm, we offer you the best lawyer you can hire to support you in this process. In addition, you can have access to the best law firm. You just have to call us at +971 433 16 688. Also, if you prefer, you can send us an email at contact@connectlegal.ae.

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Hena Babu

Hena Babu
I am Hena Babu doing LLB commercial law at Middlesex University Dubai. I am originally from in India but have been in the UAE for all my life. I am an avid reader and loves right and researching on topics that intrigues me. I have also inculcated a practice of writing blogs on various Legal related updates.

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