UAE Remote Notarization / Attestation amidst COVID-19

By: Abdulla Abuwasel


The COVID-19 pandemic has left many businesses unable to go about performing their normal day-to-day operations. With people stuck at home, offices locked down, and restrictions on global travel in place, many have found difficulties in ensuring that their work makes it through the pandemic.

Notarization is necessary for any business in order to avoid fraud and to ensure proper execution. The UAE continues to thrive in maintaining an ascendant economic ecosystem by doing all that it can to ensure that businesses do not face the challenges that come about with situations such as these.

In April 2020, the Dubai Courts announced that public notary services would be available to be conducted remotely, as to abide by the health and safety measures put in place due to the pandemic, whilst also ensuring that business operations remain steadfast. The circular states that the following Notary Services can be conducted remotely:

i) Power of Attorney notarization;

ii) Notarization of legal notices;

iii) Acknowledgments;

iv) Notarization of Local Service Agent Agreements;

v) Notarization of Memorandums/Articles of Association and addendums thereto with respect to civil companies (i.e. companies not subject to the Commercial Companies Law).

Companies that are subject to the Commercial Companies Law that wish to incorporate or amend constitutional documents must do so with the Dubai Economic Department.

This remote notary service requires a subscription to BOTIM, a video/voice calling application that can be found on the App Store for Apple users and the Play Store for Samsung users. The process entails the Dubai Courts’ notary office contacting the attestor to the document through this video connection to establish the identity of the principal and full knowledge of the contents of the document.

This document must be sent to the dedicated email address in PDF format with an approved declaration to the remote signing on the bottom of each page.

When sending the email, it must contain all the information and documentation that is relevant, including (1) applicant’s name, mobile number, address, Emirates ID or passport and confirmation of capacity; (2) documentation proving the applicant’s authority to appoint powers; and (3) the company’s commercial registration details (e.g. trade license), if applicable.

For these remotely notarized documents to be permissible under this service, they must include the following language:

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

After the Dubai Public Notary has reviewed the documents, the applicant will be contacted via BOTIM either for: (a) further documents to be presented, (b) amendments to be made, or (c) to confirm approval of the notarization request and verify the relevant details with the applicant.

The applicant will then receive an SMS and an email containing the amount due and the link for payment. Once the payment has been made online, the original document will be sent to the applicant’s address. The fees for this procedure will be payable by credit card and the courier will deliver the document at a cost of AED 21 to your address.

Please contact us for more details or assistance in this matter.


Author

Abdulla Abuwasel
Managing Associate | awasel@waselandwasel.com

Abdulla Abu-Wasel is a graduate of the University of La Verne with a Bachelor of Science in Legal Studies. He is a certified Legal Technician in the State of California and has studied Contract Law at Harvard University.

Abdulla trained under the former Chief Justice of the UAE Federal Supreme Court, working on matters varying from bounced cheques in relation to identity theft, to the applicability of force majeure on insurance disputes, and employment law compliance.

He has written on a multitude of topics, including navigating the arbitrator selection process, the laws of space and the implementation of space cybersecurity, the business of influencing, and social media laws and regulations in the UAE.

He specializes in commercial and investment arbitration, mergers and acquisitions, and influencer disputes.

Abdulla works closely with entrepreneurs and small-to-medium-sized enterprises in protecting their businesses from minor to major disputes and is closely trusted by various high-net-worth entrepreneurs in the MENA region.

Abdulla serves as the Secretary to the Board of Directors for The Hague Institute of Global Justice, a Partner of Young Arab Leaders, and a member of the Space Generation Advisory Council.

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