Affidavit Notarization Dubai: Process, Requirements and Legal Effect

Affidavit notarization in Dubai is the formal certification of a sworn statement by a licensed notary public under UAE Federal Decree-Law No. 4 of 2015 Concerning Notarization, which governs the procedure across the Emirate. This process renders the affidavit admissible before courts, government bodies and private parties as proof of the declarant's truthfulness under penalty of perjury.

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WHAT IS AN AFFIDAVIT AND WHEN IS NOTARISATION REQUIRED IN DUBAI?

An affidavit is a written declaration made under oath or affirmation, stating facts within the personal knowledge of the declarant. In Dubai, notarisation is required when the affidavit will be used for official purposes such as court proceedings, property transactions, visa applications, or any matter where a government entity demands a certified sworn statement. Federal Decree-Law No. 4 of 2015 requires that any affidavit intended for submission to a UAE court or authority be notarised by a licensed notary public to be admissible.

The notarisation process begins with the declarant appearing before a notary public, presenting a valid Emirates ID or passport, and signing the affidavit in the notary's presence. The notary verifies the identity of the signatory, ensures the declaration is made voluntarily, and administers the oath or affirmation. After the oath, the notary affixes their seal and signature, recording the act in the notary's register. The notarised affidavit is then returned to the declarant, who may submit it to the relevant body. Fees are set by the Dubai Courts Notary Public Department; as of 2024 the standard charge for a single-page affidavit is AED 110, with additional pages costing AED 30 each.

Beyond the basic fee, applicants should anticipate ancillary costs such as translation fees if the affidavit is drafted in a language other than Arabic, courier charges for delivering documents to the notary office, and possible service charges for expedited appointments. Some private notary offices offer bundled packages that include document preparation, translation, and notarisation for a flat rate, which can be advantageous for corporate clients needing multiple affidavits in a single transaction.

WHICH DOCUMENTS MUST ACCOMPANY AN AFFIDAVIT FOR NOTARISATION IN DUBAI?

To notarise an affidavit, the declarant must provide a valid original Emirates ID for UAE nationals or a passport with a valid UAE residence visa for expatriates. If the affidavit concerns a corporate matter, a copy of the company's trade licence and the signatory's board resolution authorising the affidavit may also be required. The notary will examine these documents to confirm the signatory's authority and identity before proceeding.

No additional supporting evidence is needed unless the affidavit references attached exhibits; in such cases, each exhibit must be presented to the notary for verification that it is a true copy of the original. The notary will note the exhibits in the notarisation record but does not certify their content.

When the affidavit pertains to family law matters-such as guardianship, custody, or inheritance-the notary may request a family book or a court order establishing the declarant's relationship to the minor or dependent party. For employment-related affidavits, a recent salary certificate or an employment contract can be asked for to substantiate claims about unpaid wages or benefits. In all instances, the notary's role is limited to confirming identity and voluntariness; the substantive validity of the facts remains the responsibility of the declarant.

HOW LONG DOES THE NOTARISATION OF AN AFFIDAVIT TAKE IN DUBAI?

The actual notarisation appointment typically lasts between 10 and 20 minutes, depending on the complexity of the document and the number of exhibits. After the appointment, the notary issues the notarised affidavit immediately; there is no separate processing delay. However, applicants should allocate time for travel to the notary office and for any queue, especially during peak periods at the Dubai Courts Notary Public Department headquarters in Al Twar.

If the declarant uses a private notary office licensed by the Dubai Courts, the same immediate issuance applies, provided the office has the required stamp and register. In rare instances where the notary needs to verify a corporate resolution with the Department of Economic Development, the process may extend to the next business day.

For high-volume corporate clients, some notary providers offer scheduled blocks of time where multiple affidavits can be processed in succession, reducing the per-document turnaround. Additionally, electronic appointment systems now allow declarants to reserve a slot online, minimizing waiting time and providing a confirmation of the exact time and notary assigned.

WHAT ARE THE LEGAL CONSEQUENCES OF SUBMITTING A FALSE AFFIDAVIT IN DUBAI?

Submitting a false affidavit constitutes perjury under UAE Federal Penal Code Article 252, which punishes anyone who knowingly makes a false statement under oath with imprisonment for up to two years and/or a fine not exceeding AED 20,000. The notarisation itself does not shield the declarant from liability; the notary's role is limited to verifying identity and administering the oath, not to validating the truth of the statements.

If a court discovers that a notarised affidavit contains false information, it may disregard the document, impose penalties on the declarant, and potentially pursue criminal charges. Additionally, the party that relied on the false affidavit may seek civil remedies for damages resulting from reliance on the misrepresentation.

In practice, courts often examine the surrounding circumstances: whether the declarant had a motive to lie, whether corroborating evidence exists, and whether the false statement was material to the outcome of the case. Repeated offences can lead to enhanced penalties, and a conviction for perjury may affect future visa renewals, professional licences, or the ability to act as a company director in the UAE.

CAN AN AFFIDAVIT BE NOTARISED REMOTELY OR VIA VIDEO LINK IN DUBAI?

As of the current legislation, UAE Federal Decree-Law No. 4 of 2015 does not permit remote notarisation of affidavits; the declarant must be physically present before the notary public to take the oath. The Dubai Courts have not authorised video-link notarisation for affidavits, and any such procedure would be considered invalid for official submission.

Individuals unable to appear in person may appoint a legal representative holding a notarised power of attorney to appear on their behalf, provided the power of attorney itself is notarised and expressly authorises the representative to swear the affidavit. The representative must present their own Emirates ID or passport, and the notary will verify that the power of attorney grants the specific authority to swear the affidavit in question.

Some free zones, such as the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), have their own regulatory frameworks that allow certain electronic signatures and remote attestations for internal corporate matters. However, these mechanisms do not replace the requirement for a UAE-licensed notary public when the affidavit is destined for a federal court or a UAE government authority outside the free zone.

FREQUENTLY ASKED QUESTIONS

What law governs affidavit notarisation in Dubai?
UAE Federal Decree-Law No. 4 of 2015 Concerning Notarisation governs the notarisation of affidavits in Dubai, requiring the declarant to appear before a licensed notary public, present valid identification, and swear an oath or affirmation. The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.

How much does it cost to notarise a one-page affidavit in Dubai?
The Dubai Courts Notary Public Department charges AED 110 for a single-page affidavit notarisation; each additional page incurs a fee of AED 30. These fees are published in the Dubai Courts fee schedule and are subject to periodic revision.

Can I use a notarised affidavit from another Emirate in Dubai courts?
Yes, a notarised affidavit issued by a notary public in any UAE Emirate is recognised throughout the UAE, including Dubai courts, provided it complies with Federal Decree-Law No. 4 of 2015 and bears the notary's seal and signature.

What happens if I lose the original notarised affidavit?
You may request a certified copy from the notary's register where the original act was recorded. The notary can issue a duplicate bearing the same seal and signature, which holds the same evidential value as the original. A fee for the copy is set by the notary office, typically AED 50 per page.

Is a translator required if the affidavit is in a language other than Arabic?
If the affidavit is to be submitted to a UAE government body or court, it must be in Arabic or accompanied by a certified translation into Arabic. The translator must be licensed by the UAE Ministry of Justice, and the translation must be attached to the original affidavit before notarisation.

Can a minor sign an affidavit for notarisation in Dubai?
A minor under the age of 21 cannot independently swear an affidavit; the affidavit must be sworn by the minor's legal guardian or a person authorised by a court order. The notary will verify the guardian's authority before proceeding.

Does the notarisation process differ for affidavits used in free zone companies?
While the core notarisation requirements remain the same, free zone authorities may request additional supporting documents such as the free zone licence, board resolutions approved by the zone's regulator, or proof of activity within the zone. The notary will still verify identity and administer the oath, but the free zone may impose its own internal attestation steps before accepting the affidavit for licensing or registration purposes.

Are there any exemptions to the notarisation requirement for affidavits?
Certain administrative forms-such as simple declarations for utility connections or internal HR acknowledgements-may be accepted without notarisation if the requesting entity explicitly waives the requirement. However, for any document that will be submitted to a court, a government regulator, or used as evidence in legal proceedings, notarisation under Federal Decree-Law No. 4 of 2015 remains mandatory.

How does the notarisation of an affidavit interact with the UAE's new data protection law?
The notarisation process does not conflict with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data. The notary only processes the minimum personal data needed to confirm identity (Emirates ID/passport number, name, and signature). Any additional personal data contained in the affidavit's exhibits remains the responsibility of the declarant, who must ensure compliance with data protection obligations when sharing those exhibits with third parties.

What safeguards exist to prevent fraudulent notarisation?
Notaries in Dubai are required to maintain a secure, numbered register of all acts performed. Each entry includes the date, time, declarant's details, document description, and a unique serial number. The register is subject to periodic audit by the Dubai Courts Notary Public Department, and any discrepancy can trigger an investigation. Additionally, the notary's seal and signature are registered with the Ministry of Justice, allowing verification of authenticity through an online portal.

Please note that the above information is provided for general educational purposes and does not constitute legal advice for any specific situation.

If your matter involves affidavit notarization in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

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