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Defining Notarization
Notarization is the process by which some important documents get authenticated and declared genuine in order to prevent fraud. The authorized person/body to perform this process is called as the notary public.
What documents shall be notarized?
Most of the documents are not considered authentic/legal in UAE until they are notarized. The reason is that the notarization process eliminates the chances of potential fraud. The process also ensures that all the signatories are not doing in under the influence of any force and are willingly signing it.
The legal documents that are to be notarized are will. Notaries in UAE are required to witness the signing of deeds and trust. These three documents involve the transfer of ownership from one party to another.
Medical documents are also to be notarized so that there arises no dispute amongst the family members and for doctors to be aware of the patient’s will when he is not in state to communicate the same.
Apart from this education degrees and certificates, marriage certificate, birth certificate, divorce certificates, death certificate etc. The notary service can also be requested by companies that want to conclude agreements and transactions.
Quick guide to notarising the documents in UAE
Notary Public in UAE
The local authorities in UAE have allowed only designated public officials and private people to provide notary services. These persons shall be holding a degree in law, should not be having any criminal background and UAE nationals. The local authorities have to provide their approval for performing the notarial acts to the concerned lawyer or the law firm. The operating private notaries in UAE have undergone the requisite training and oath taking with the chief/executive judges.
Scope of work of a Notary Public in Dubai-
A public notary in UAE has the power to perform the following notarial acts: –
- Oaths and affirmations
- Acknowledgements
- Signature witnessing
- Copy certificates
- Any other act authorized by local authorities
Importance of notarization of documents
The notary public of Dubai does the notarization work to prove that the documents notarized are original and the signatures on the documents are genuine. This process makes the document legal for due execution and is acceptable in court as an evidence. The acknowledgement that is executed by public notaries in UAE is acceptable to the general public, law courts and administrative agencies.
The general requirements for notarizing the document in UAE are:
- The original document is required at the time of presentation.
- The person applying shall be a legal representative.
- All person related to the document should be present at the time of notarization process.
- The presented document must not fall under the prohibited categories and must not contravene any law in UAE.
- The document must be attested by the relevant authorities in the country.
What documents are allowed for notarization in UAE?
Any document requested by UAE government, authenticated signatures and notified on documents and contracts, any other competencies applicable by law and approved by Dubai courts can be notarized.
What documents are restricted by the notaries for notarization purpose?
The notary public cannot authenticate documents related to the personal status of Muslims, any transaction related to the right of ownership, transactions related to violation of public law and order/ethics
The documents must be translated into Arabic before being presented for notarization. This is because these documents originate from other countries and hence must be attested by the government authority of that country and then must be attested by the UAE authorities.
Documents allowed for personal identification at the time of notarization
The cards having photograph of the holder and a serial number and date of issue by a formal body is considered for identification purposes. In exceptional situations, passport copies, travel documents and identity cards can be accepted by the Notary public.
What things notaries in UAE are prohibited to do?
The notary public in Dubai is not allowed to notarize a document outside the place of work (medical patients and sanatoriums are an exception here). The notary cannot notarize a document if a signatory is not present at the time of notarization and if the identity evidence is not proved. Lastly, a notary is not authorized to notarize a document if it itself is a party to the instrument being notarized. The definition of a party here is if it receives and fee, right, commission, property, cash or any other type of consideration.
Cost of Notarizing the documents in UAE
The cost of notarization depends on the number of documents and content.
You can get in touch with the consultants like Notary Public Dubai to get to know more about the fees and formalities for notarization of a document.
