When registering or running a business in Dubai, you often come across the terms attested or notarized documents. Now some people think that these terms can be used interchangeably. But in the realm of legal documentation, there is a very subtle difference between the two.
Essentially, attestation or notarization both are done to ensure the validity or authenticity of official documents. However, they differ in the way they are carried out and in terms of who can perform these tasks.
This blog explores what makes notarized and attested documents different from each other. With this information, you will come to know when your business needs attested and notarized documents to ensure compliance in Dubai so keep on reading till the end.
- What are Notarized Documents?
- Documents that Need Notarization
- Obtaining Notarization in Dubai
- What are Attested Documents?
- Documents That Need Attestation
- Obtaining Attestation in Dubai
- Notarized vs Attested Documents: Key Differences
- Purpose
- Authority
- Scope
What are Notarized Documents?
Notarization is a process that is carried out by a third party which is generally a notary public to verify the authenticity of official documents. A notarized document is legally binding and it verifies the identities of the signatories.
A notarized document is reviewed by a notary public and the signs on the document are also done in front of them. The notary public then places a stamp or a seal on the document which verifies the authenticity of the signatures.
This stamp also shows that both parties agree to the contents of the documents voluntarily and they intend to honor every term. Notarization is an effective deterrent against fraud involving official documents.
Notarization gives a legal status to your business documents which ensures the document holder can resort to legal actions to ensure enforcement. Notarized documents are acceptable before all official and judicial authorities within a jurisdiction.
Documents that Need Notarization
The notarization is commonly used for commercial documents or personal affidavits that serve legal purposes. It mainly used for
- Legal Contracts, Affidavits, agreements
- Commercial contracts
- Giving legal status to personal contracts like marriage, divorce and inheritance contracts
- Academic certificates and qualifications
- Commercial documents related to company incorporation, powers of attorney, bills of lading, etc.
- Real estate documents like deeds of trust, property transfers, mortgage contracts, etc.
Obtaining Notarization in Dubai
Here is how you can obtain document notarization in the UAE
- Prepare your essential and supporting documents and make sure all parties are present before visiting the public notary office or appearing in front of a notary in private legal services offices.
- Make sure to bring your ID card or passport which the notary will use for identification.
- Next, you will sign the document in front of the notary so that they can attest to it.
- After confirming your identity and witnessing the signatures, the notary will then sign and stamp the documents.
- Finally, you will pay a fee to the notary based on the complexity of the documents and you are good to go.
What are Attested Documents?
The attested documents are the ones whose authenticity has been verified by authorized government entities or government-sponsored agencies. The attested documents are recognized and accepted internationally which means you can legally use them in multiple foreign jurisdictions.
The attestation process is lengthier and more complicated as it involves verification of the document by local authorities, the ministry of affairs, and the embassy of the country where you plan to go.
Attestation is an important legal process that ensures the official documents whether issued from within or outside the UAE are credible.
Attestation shows that the document provided is officially recognized by authorities and that it can be used for government transactions like getting a passport, obtaining a marriage certificate, getting a job, etc.
Documents That Need Attestation
According to the top legal advisory services, the following are some important documents that require attestation
- Business contracts and agreements like partnerships, supply, service agreements, etc.
- Incorporation papers like Memorandum of Association, Articles of Association, etc.
- Financial statements such as annual reports, balance sheets, income statements, etc.
- Licenses and permits like trade, import/export, industry-specific licenses, etc.
- Personal documents like Birth certificates, Death certificates, Marriage and/or Divorce certificates, medical certificates, etc.
- Educational certificates like degrees or diploma courses.
- Commercial documents like employment status, your business ventures, financial assets, Commercial Invoices, letter of incorporation, power of attorney, etc.
Obtaining Attestation in Dubai
Here is how you can obtain attestation in the UAE
- Gather the documents you need for attestation and make sure they are complete, accurate, and according to the accepted format.
- Before attestation, identify the documents that first need notarization from your local notary public.
- Have your personal and educational documents attested by the Home Department and the Ministry of Human Resource Development.
- You might also need attestation from the chamber of commerce for your business or trade-related documents.
- Then you can have the documents attested by the MOFA (the Ministry of Foreign Affairs and International Cooperation).
- If the documents are to be used outside the UAE, you will need additional attestation from the relevant embassy to ensure the document can be used in that country.
Notarized vs Attested Documents: Key Differences
Following are the main differences between attested and notarized documents
-
Purpose
Notarization is done to ensure the validity of the documents for legal use within a specific jurisdiction. The attestation confirms the authentication of a document for government or foreign use.
-
Authority
Notarization is a single-step process done by a notary public or some private notary institute. On the other hand, attestation is done in multiple steps by MOFA, embassies, consulates, and other local, national, or international bodies.
-
Scope
The scope of notarization is within the jurisdiction of the notary within the same country. Attested documents are accepted globally and by different local and international official channels.
Conclusion
As a business owner in the UAE, you need to make sure your every piece of document and official transaction is attested or notarized. Notarization basically deals with the verification of documents that will be used locally while attestation involves verification at both local and international levels which allows you to use documents in different jurisdictions or countries.
By knowing the difference between notarized and attested documents, you can ensure your business-related documents are authenticated by the right authorities which leads to full compliance and the prevention of forgery and other fraudulent activities.
This way every document you possess is fully acceptable which saves you from legal issues down the line.
You can visit us at Alawi Al Jabri to get the best legal services to ensure your every business document is valid both for local and international use.