Corporate · Legal glossary
Power of attorneyIn Arabic: الوكالة
Definition
A power of attorney (وكالة) is the instrument by which a principal (الموكل) authorizes an agent (الوكيل) to do named acts. In everyday Gulf Arabic the paper itself is often called a tawkeel (توكيل). It is not a transfer of the principal’s property, and it is not a commercial agency, which is a registered arrangement to market someone else’s goods.
What the agent may do is the list of powers, not the title on the cover. A power to collect rent does not authorize a sale, and a power to file a claim does not authorize a settlement, unless those acts are written in.
In Saudi usage the instrument is often called a shar‘i power of attorney (وكالة شرعية). Article 480 of the Civil Transactions Law defines agency as a contract by which the principal appoints the agent to act in his place. Bahrain Civil Code article 640 and Oman Civil Transactions Law article 672 are the corresponding definitions. Those two articles are cited for the definition only.
Saudi Arabia
The Ministry of Justice issues an electronic power of attorney on Najiz without a visit to the notary. The beneficiary must be Saudi or a resident, over 18, of full legal capacity, with a valid ID and a National Single Sign-On account. The electronic power lasts no more than one year. It is entirely electronic: the ministry says it does not have to be printed, stamped or signed on paper.
For individuals the capacities are acting in one’s own name, or as agent under a power. On Najiz Business they are establishment owner and company representative, and that person must already have authority to issue it. A first power for someone over 65 goes through the virtual notary or a licensed notary. An expired ID limits the powers to claims and courts. Either side can be revoked on Najiz, the power ends on death, and validity can be checked on the ministry’s service.
United Arab Emirates
The Ministry of Justice authenticates powers of attorney through its notary service, which is subject to the notary law and its executive regulations. In June 2023 the ministry launched the second phase of digital issuance. It described eight types, including representation by a lawyer and digital powers for cases, real estate, rental disputes, licensing, vehicles, stocks and company management, issued online without a visit to a notary’s office.
For a civil case, the government portal requires the representative to prove the appointment with an official power of attorney attested by a notary. It also states that only a UAE-national lawyer, licensed by the Ministry of Justice and entered on the roll of practising lawyers, may appear before the UAE courts.
The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.
Practical points
- Write the acts. Do not rely on the words “general” or “special” if the list below them does not cover the signing, the filing or the receipt of money.
- In Saudi Arabia, read the expiry. An electronic power is capped at one year, and it ends on death without a separate revocation.
- Match the capacity to the platform. An individual Najiz power is not a company representative’s power.
Common mistakes
- Treating a Saudi electronic power as open-ended, or assuming a paper stamp is what makes it valid.
- Using an expired Saudi ID and expecting the full list of powers. Najiz then limits the power to claims and courts.
- Instructing a lawyer who is not a UAE national to appear in the UAE courts on the strength of the power alone.
Questions lawyers actually get
Does a Saudi electronic power of attorney have to be printed and stamped?
No. The Ministry of Justice says the electronic power does not need to be printed, stamped or signed on paper, and issuing it does not require a visit to the notary.
How long does the Saudi electronic power last, and how does it end?
It does not exceed one year. Either party can revoke their own side electronically at any time. It also ends automatically on the death of a party.
Can a Saudi company issue one on Najiz?
Yes, through Najiz Business, as owner of the establishment or as company representative, if that person already has authority to issue it and a Najiz Business account.
Who may appear for a party in the UAE courts?
The UAE government portal says only a UAE-national lawyer licensed by the Ministry of Justice and registered on the roll of practising lawyers. The appointment is proved by a notarized power of attorney.
Sources
Checked against these official pages. This is general information, not legal advice. Bahrain and Oman are cited for the definition of agency only. Qatar and Kuwait are not summarized.
- Saudi Civil Transactions Law, art. 480https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/655fdb42-8c96-422b-b8c4-b04f0095c94c/1
- Bahrain Civil Code, art. 640https://www.lloc.gov.bh/Legislation/HTM/L1901
- Oman Civil Transactions Law, art. 672 (text on qanoon.om)https://qanoon.om/p/2013/rd2013029/
- Saudi Ministry of Justice, Issue a power of attorney (Najiz)https://www.moj.gov.sa/ar/eServices/pages/3472d517-7cb4-4cd5-a6bc-2abc9751eea3.aspx
- UAE Ministry of Justice, digital power of attorney, second phase (21 June 2023)https://www.moj.gov.ae/en/media-center/news/21/6/2023/ministry-of-justice-launches-phase-2-of-digital-power-of-attorney-issuance-service.aspx
- UAE Ministry of Justice, writing and authentication of contracts and deedshttps://www.moj.gov.ae/en/services/services-categories/notary-public-and-authentication/writing-and-authentication-of-contracts-and-deeds.aspx
- UAE government portal (u.ae), civil caseshttps://u.ae/en/information-and-services/justice-safety-and-the-law/Law/litigation-procedures/civil-cases-