Dubai: To protect yourself from contractual disputes and fraud, it is important to notarise legal documents like wills, Power of Attorneys and affidavits.
In the UAE, you can easily notarise documents through public and private notaries, and you also have the option to complete the entire process online.
Here is all you need to know about notarising a document in the UAE.
Why is it important to have a document notarised?
“Notarising a document refers to the process of having the notary, a legally authorised individual, verify the authenticity of a document and the identity of the individuals signing it,” Abdulrahman Junaid, Partner, head of Family Law and Private Notary at Dubai-based law firm – ADG Legal, said.
Prevents fraud and provides more credibility
According to Junaid, the process of notarisation is typically used to prevent fraud and ensure the legality and validity of the document.
“When a document is notarised, it is presumed, under the law, to accurately represent the truth of its contents. This presumption is generally unassailable unless there is a credible claim of forgery. Unlike standard documents, where a party might simply deny their involvement in signing or issuing it, a notarised documents benefits from a higher level of legal credibility,” he said.
Another reason for notarising documents is that if you are in a situation where an important legal document has been damaged but it was notarised, a notary public can also provide a duplicate copy with the necessary stamps legalising it.
When do I need to provide a notarised document?
Junaid explained that notarisation is often required in situations where there is need to verify the authenticity of a document or the identity of the person signing it.
Here are some of situations in which you may need a notarised document, according to Junaid:
- Power of Attorney:
When a person appoints an attorney to represent him or her before court, that attorney has to present a notarised Power of Attorney to represent the client before court.
- Ownership contract:
If members of a family in Dubai want to regulate their family’s common ownership, they would have to notarise their family ownership contract.
- Eviction notice
If a landlord wishes to evict a tenant, they must serve a notarised legal notice. If it is not notarised, then it is invalid and cannot be legally enforced.
He explained that specific requirements for notarisation can vary depending on the jurisdiction and type of document involved, and advised people to always make sure they consult a legal professional.
“To ensure compliance with local regulations and the specific needs of your situation, it is advised to consult with a notary public or legal professional when determining whether or not a document needs to be notarised,” he said.
Notarizing a document refers to the process of having the Notary, a legally authorised individual, verify the authenticity of a document and the identity of the individuals signing it. This process is typically used to prevent fraud and ensure the legality and validity of the document.
Types of documents that are notarised
According to Junaid, here are some documents that may need to be notarised in order to be legally valid:
• Power of Attorney
• Memorandum of Association
• Commercial contracts, declarations
• Judicial notices
• Minutes of meetings
• Minutes of General Assemble Meetings
• Minutes of Liquidating a company
• Non-Muslim wills
• Proof of signatures
How to notarise a document in the UAE
You can get document notarised through private and public notaries in the UAE.
“If you wish to notarise your documents at a private notary, you first need to book an appointment, and provide digital copies of the documents you want notarised, this will help expedite the process,” said Mohamed Noureldin Founder and Senior Legal Consultant at Nour Attorneys & Legal Consultants
Make sure you translate the documents in Arabic
He also pointed out that when you are submitting documents to the public notary, all of them must be legally translated into Arabic.
For an in-depth guide on how to translate documents in Arabic in the UAE, click here.
Required documents for notarising a document
According to Noureldin, here are the documents you need to submit:
• Valid Emirates ID
• Valid original passport
• Proof of address – lease contract
“For the proof of address you can also provide a recent utility bill from the last three months or a bank statement dated within the last three months confirming your residential address,” he said.
Cost of notarising documents in the UAE
The cost of notarising a document varies depending on its nature, according to Noureldin.
“For instance, the attestation fee for wills is Dh2,000, while the fee for a Debt Acknowledgment Letter is five per cent of the amount involved in the letter. Therefore, the total cost depends on the specific document that needs to be notarised,” he said.
For instance, the attestation fee for wills is Dh2,000, while the fee for a Debt Acknowledgment Letter is five per cent of the amount involved in the letter. Therefore, the total cost depends on the specific document that needs to be notarised.
Where to notarise documents in the UAE
Depending on the emirate, the authority that will notarise the document will differ. You can get a document notarised through a private notary, which would be a law firm authorised to notarise documents or a public notary, like the court or the Ministry of Justice, Abu Dhabi Department of Justice (ADJD), Dubai Courts or Ras Al Khaimah Courts.
For Abu Dhabi - Abu Dhabi Judicial Department
Online: ADJD website and app
To use the public notary service online through ADJD, you must have a UAE Pass app, which will automatically create an online account with ADJD and register your details – mobile number, email address and Emirates ID number
• Website - adjd.gov.ae
• Mobile app – ADJD App
In person: Authorised government and private notaries
If you want to submit your documents in-person and consult with a legal expert, you can visit a private or government notary authorised by ADJD. You can find the complete list of all the authorised notaries in Abu Dhabi by visiting this website - https://www.adjd.gov.ae/EN/Pages/PublicprivatenotARy.aspx
For Dubai – Dubai Courts
Online: Dubai Courts website
You must first log in with your UAE Pass and create an account with Dubai Courts, and you must create a user name and password. Once that is done you must link the UAE Pass account and Dubai Courts account.
Website - dc.gov.ae
In-person: Public and private notaries
Dubai Courts Service Centre – Wafi Mall
You can also visit the notary public service centre located in Wafi Mall in Umm Hurair. Here are the timings:
• Monday to Thursday: 8am to 7.30pm
• Friday: 8am to 12pm
Authorised private notaries
You can also visit a private notary authorised by Dubai Courts. You can find the list of all the private notaries in Dubai through this website - https://www.dc.gov.ae/PublicServices/PrivateNotaryOffices.aspx?lang=en
Ras Al Khaimah – Ras Al Khaimah Courts
Website – rak.ae, which is the official online platform for all government-related services in the emirate.
Public Notary Department at Ras Al Khaimah courts.
Emirates – Sharjah, Ajman, Umm Al Quwain and Fujairah
Online - For other emirates, you can complete the process online through the ‘E-Notary’ system on the Ministry of Justice (MOJ) website – moj.gov.ae .
You can also visit private notaries to complete the process.