FAQ Page2022-09-07T11:15:28+00:00

Can a UAE Will make arrangements regarding the custody of children?

Yes, indeed! A UAE Will may include the designation of a guardian for minor children who are residing in the UAE. One of the main reasons why non-residents opt to create a Will in the UAE is that without doing so, the decision on guardianship will lie only in the hands of UAE courts, which might not necessarily reflect the wishes of the parents.

Is UAE Will applicable even if the individual has a Will in other countries?

In order to protect the assets of the UAE, it is necessary to draft an independent Will for UAE jurisdiction because what applies in other jurisdictions is not applicable in the UAE and vice versa.

What will happen to UAE assets when there is no Will?

Without a Will in the UAE, any property owned by a non-citizen that dies in the UAE will be put under the court supervision of the Probate Process which can take many months. This means the deceased’s property will be put on hold until the court makes its decision and rules out the inheritance distribution of the assets as per the UAE inheritance laws even though they might incorporate Sharia principles. To make sure your assets are inherited as per your wishes, you need to make sure a Will is prepared for the UAE jurisdiction.

Is a UAE Power of Attorney accepted throughout all the Emirates of the UAE?

Yes, of course! A properly notarized and attested UAE Power of Attorney is universally accepted throughout all the seven Emirates of the UAE. POA.ae creates each and every UAE Power of Attorney strictly in accordance with local legislation.

How much time does it take to obtain a UAE Power of Attorney?

On average, it takes 2 to 3 working days to process a UAE Power of Attorney. Upon the completion of the initial consultation, POA.ae will provide a specific timeframe within which a document will be completed.

Is it possible to have Power of Attorney in UAE without visiting UAE?

Yes, Power of Attorney in the UAE can be executed without physically being present there. Everything is done virtually.

Can I amend my MoA?

Yes. Amendments are required when there are changes in ownership, share capital, business activities or management. You must draft an addendum, notarise it, obtain approvals and register it with the DED or the free zone authority. Until the amendment is registered, the changes are not legally effective.

What happens if I do not register my MoA?

Article 15 of the Commercial Companies Law states that an unregistered MoA is ineffective against third parties, and any non‑registered details cannot be enforced. Companies must also notify the authorities of changes within 15 days. Failure to register can lead to liability for directors and delays in licence issuance.

How do I draft an MoA in Dubai?

You need to determine the company’s legal form, draft the document in Arabic (with bilingual translation if required), notarise it before a UAE notary public, have it attested by the relevant ministry and register it with the DED or free zone authority. Working with legal experts ensures compliance and speeds up approvals.

Do I need an MoA for a sole proprietorship in the UAE?

Yes. Even sole proprietorships must prepare and file a MoA in the UAE. Avoidance of this requirement can result in fines and penalties.

What is a Memorandum of Association in the UAE?

A Memorandum of Association is a legal document that defines a company’s structure, objectives and operational boundaries. It specifies the company’s name, address, business activities, capital structure and shareholder liabilities, and is mandatory for company registration.

Can I make changes to the POA draft before notarization?

Yes, you will have the chance to review the draft and provide comments before we proceed with the final notarization.

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