• Home
  • News
  • Notarising documents remotely in Dubai

21 Apr 2020

Notarising documents remotely in Dubai

Linkedin

On 4 April 2020, Dubai’s Supreme Committee of Crisis and Disaster Management imposed a 24-hour restriction of movement on members of the public within the Emirate for an initial two week period.  It was announced on the 17 April 2020 that these measures would be extended for an additional week within the Emirate of Dubai. The only exceptions to the lockdown are those working in certain vital and support sectors. Private and public notaries do not fall within that exception.

That said, public notaries have introduced the novel concept of providing remote services to ensure continuity of service in these troubled times. We highlight those measures below. We have also provided some guidance on notarising and executing documents in Dubai before the private notaries. 

Dubai public notary

In line with the UAE and Dubai governments' directions, the offices of the Dubai Public Notaries have been closed since 29 March 2020 and will remain so until restrictions are lifted. All notarisation requests and services will be provided remotely during this period. Working hours will be from 8am until 4pm on weekdays.

The remote service will be limited to notarising the following specific documentation only:

  • Powers of Attorney ("PoAs");
  • Acknowledgements;
  • Legal Notices;
  • Civil companies' Memorandum of Association ("MoA"), addendums and annexures (not commercial companies such as LLCs - see below); and
  • Local agency service agreements.

The notarisation of all other documentation, for example, all applications relating to commercial companies' MoA and their addenda have been put on hold and can only be notarised by private notaries in collaboration with the Dubai Economic Department.

Documents notarised should either be issued in Arabic or in certified dual format (Arabic and English).

Public notarisation process and requirements

  • Applicants must have a BOTIM account (this application can be downloaded to computer and smart phone devices via https://botim.me/home/).
  • Applications must be sent to remote-notary@dc.gov.ae.
  • Emails sent must contain all relevant information and underlying documentation, including but not limited to the following:
    • The applicant's and signatory's name, mobile number, address, Emirates ID and confirmation of capacity/ authority;
    • Underlying documentation proving the applicant's authority, if applicable; and
    • If the application is issued on behalf of a company, the applicant should provide the company's trade licence.

The Dubai Public Notary has also introduced the declaration that must be included in the footer of each page of any document that requires execution in PDF format:

"I, the undersigned, declare with my full capacity and through video communication, using BOTIM, my consent on all what is stated in this application and I sign accordingly."

Public notary approval process

After reviewing the documentation, the applicant will be contacted via BOTIM either for further documentations to be furnished or amendments to be made, or to confirm approval of the notarisation request and verify relevant details with the applicant and authorised signatory.

The applicant will then receive an SMS and an email with the details of the fees payable and a payment link.

Once payment has been made, the original document will be sent to the applicant's address.

Private notary

The Dubai Courts have granted authorisation to certain local lawyers to conduct specific notarisation services. Such local lawyers are referred to as "Private Notaries".

Pursuant to the ministerial resolution issued by the Ministry of Human Resources and Emiratisation ("MOHRE") on 29 March 2020, private sector employers in certain (non-essential) sectors were only permitted to have up to 30% of their workforce physically attending their place of work, and required to limit visitor numbers. Recently, the Supreme Committee of Crisis and Disaster Management has further restricted employee movement in non-essential business sectors. This includes the legal sector, which has not been classified as a vital sector nor as a support sector. Notwithstanding that, a limited number of private notaries are currently providing notarisation services by attending the client location, although this might take some time due to movement constraints and scheduling issues. This provides an additional avenue for notarizing documents.

We highlight below the wide range of documents that Private Notaries can assist with and the process for doing so.

Range of documents that Private Notaries can assist with

This includes all of the documents that could be notarised by the Public Notary, such as commercial companies’ related documents, sale and purchase agreements of all types of assets, undertakings and acknowledgements, employment offers, assignment agreements and mortgage transactions.

Private  notarisation process and requirements

  • Applications must be sent to the relevant Private Notary's email address.
  • Similar to the process of notarising documentation before the Public Notary, emails sent to Private Notaries must contain all relevant information and documentation, including but not limited to the following:
    • The applicant's and signatory's name, mobile number, address, identification (for example, Emirates ID) and confirmation of capacity/ authority;
    • Underlying documentation proving the applicant's authority, if applicable;
    • If the application is issued on behalf of a company, the applicant should provide the company's trade licence; and
    • The document that requires execution in Word format.
  • Documents notarised will be issued in Arabic or in certified dual format (Arabic and English).
  • The Private Notary will review the documents provided and revert with either a request to provide further documentations, an alteration required or a confirmation. Once everything is in place, the Private Notary will share an electronic copy of the document that requires notarisation.
  • The applicant or signatory should then schedule an appointment either to attend the Private Notary's offices or for the Private Notary to attend their offices for an additional fee.

Need more guidance?

Stephenson Harwood has a dedicated COVID-19 team of international (English and Arabic-speaking) lawyers who are monitoring the latest government guidance and developments and are available to answer any questions that you may have.  If you would like further details about how to notarise documents during these troubled times, or would like to discuss other issues currently being faced by your business, such as the impact of the COVID-19 pandemic on commercial contracts or employment relationships, please do get in touch with Diwakar Agarwal, James Willn or Ranna Musa or your usual Stephenson Harwood contact.

 
Linkedin

KEY CONTACT

Diwakar Agarwal

Diwakar Agarwal
Partner

T:  +971 4407 3905 M:  +971 52 120 3149 Email Diwakar | Vcard Office:  Dubai

James Willn

James Willn
Partner

T:  +971 4 407 3922 M:  +971 52 865 9482 Email James | Vcard Office:  Dubai

Ranna Musa

Ranna Musa
Associate

T:  +971 4407 3933 M:  +971 52 120 3187 Email Ranna | Vcard Office:  Dubai

  • Related Services
  • Related Locations