Memorandum of Association (MOA) Notarization in UAE – Step-by-Step Guide

During the company set-up process, any business will encounter the MOA drafting and registration (notarization) requirement. This is a key document that requires attention for any UAE company from the start of the company’s operation. Therefore, we have prepared this article, which is a complete guide for companies and/or for service providers to understand the MOA Notarization process in the UAE as a great option for mainland companies registered with the Dubai Department of Economy and Tourism (DET).

What Is a Memorandum of Association (MOA)?

The Memorandum of Association (MOA) is a corporate constituent document of any legal entity (company) registered within the UAE. It is a charter or constitution of a company, and its adoption is required during the company formation process since it outlines the company’s structure, points out its activities, establishes the Capital, declares shareholders, and defines powers given to a manager/director. Basically, the MOA can be considered the backbone of the company’s operation.

Why MOA Notarization Is Mandatory in the UAE

–       Legal framework and regulatory requirements

In Dubai, UAE, as a common practice, any Company’s MOA will be issued by the same authority/jurisdiction where the company is registered. For example, if the company is registered with the mainland authority, then the MOA should be issued from the Department of Economy and Tourism in Dubai (DET), or if the company is registered with one of the freezone authorities, then that company’s MOA should be issued from that concerned freezone authority as well.

As an exception to this common practice, in compliance with the Federal Decree-Law No. (32) of 2021 concerning the Commercial Companies, Mainland Companies’ MOAs and /or Amendments to MOAs might be manually drafted and notarized within a UAE Notary either in person or online as an alternative to do the same with the Dubai Department of Economy and Tourism (DET).

–       When does notarization become essential?

MOA notarization becomes essential in the following cases:

• When the shareholders want to issue a custom MOA. As there is a ready template for MOA that is generated by the Department of Economy and Tourism in Dubai, but in case the shareholders wanted to amend any part of this template, the MOA has to be notarized through a notary public first.
• When an Attorney is representing the Shareholders in signing the MOA. In this case, if the Shareholders appointed an Attorney to sign the MOA on their behalf, the attorney cannot do it directly through DET, but they must go first to the notary public to sign the MOA there then take this notarized MOA to DET to proceed with the company establishment process.

–       Who Can Notarize an MOA in the UAE?

Company MOAs can be verified either by a Private Notary or a Public Notary from the Dubai Courts. This can be done offline, visiting a UAE Notary in person physically by taking an appointment, online by submitting requests through the Dubai Courts Portal, and online by securing an online appointment through other  E-Notary platforms.

MOA Notarization Process Explained Step-by-Step

• Required documents and IDs

For the process of MOA / or amendment to MOA notarization, the list of requirements should be collected and packed accordingly.  The below are the basic requirements for proceeding with MOA notarization.

The basic requirements for a New MOA notarization are as follows:

–           Initial Approval Certificate

–           Initial Trade Name Reservation

–           Follow-up receipt

–          IDs of shareholders or an authorized signatory

The basic requirements for an amendment to MOA/a reinstated MOA are as follows:

–           License

–           Follow-up receipt

–          Existing MOA

–          IDs of shareholders or an authorized signatory

• Preparing the draft and Translation (Arabic/English) if needed

Once all the requirements and other personal documents, such as IDs are collected, the MOA drafting process can start. MOA should be precise, comprehensive, and drafted in legal language and by a legal advisor or lawyer with expertise in legal writing, to ensure that it accurately reflects and safeguards the intentions and interests of the Shareholders. The MOA draft can be prepared in bilingual format: Arabic and English, and notarized in such bilingual format as well. If the MOA is drafted and notarized in the Arabic language only, then a Certified translation can be processed.

• Booking an appointment or e-notary access

Once the draft is ready and it is confirmed, shareholders or authorized signatories can apply for its notarization. The notarization can be processed by taking an appointment online via e-notary platforms or by visiting a Notary in person.

• Signatures and payment of notary fees

MOA notarization involves government fees, which are based on the number of signatories and share capital.

 Can MOA Be Notarized Online in the UAE?

• Overview of the UAE’s e-notary services

Most of the government services have been digitalized in Dubai and in other Emirates, partially or fully too. So, MOA notarization shall be applied and processed online too. This can be done by taking an appointment as a walk-in to the Notary’s office or taking an online appointment.

• What documents qualify for online notarization

Shareholder/s or an authorized signatory/ies shall provide the soft copies of the following documents:

• Passport copies
• Emirates IDs copies
• POA copy to represent the company
• Company documents, along with DED approval documents

• Limitations and who can use it

Due to recent restrictions introduced by Dubai Courts, only UAE residents can apply for notarization now. However, if the company owner who had to sign for MOA is not a UAE resident, he/she could appoint another person who has an EID to sign such an MOA via a POA.

Costs Involved in MOA Notarization

• Typical government fees

Typical government fees that are required to be paid are based on the amount of share capital and the number of signatories. If the share capital is less than 100,000 AED, then AED 320 per signature for the government fee will be applied. And,

If the share capital is equal to or more than AED 100,000, then 0.5% of the share capital amount per signature, but not exceeding a maximum of AED 15,000 for the government fee will be charged.

• Translation and typing costs

The MOA must be in Arabic by default, as it is the official language of the UAE. However, with Dubai Courts, the MOA can also be notarized in both Arabic and English. In case the competent authority does not agree to notarize the bilingual MOA, the English translation might be provided after the notarization for convenience. The translation office will charge per page, where one page is equal to 150-200 words. The fees for each page range from 100 AED and may vary from one translation office to another.

There are typing centers that can provide drafts for MOAs; their fees shall be more competitive than a lawyer’s fee. Despite the high charges from lawyers, we strongly recommend that drafts be prepared by lawyers, since only lawyers are familiar with updated regulations and laws and can provide legally correct drafts.

Need help with MOA notarization in the UAE?

Whether you need a custom draft, legal translation, or assistance with online or in-person notarization, our experts at POA.ae are here to support you.
📞 Call us at 800 POAAE (76223) or 📩 email contact@poa.ae to get started today.

Disclaimer: The content on this page is for general information purposes only and does not constitute as legal advice nor should it be used as a basis for any specific action or decision. Nothing on this page or website is to be considered as rendering of legal advice or legal services for any specific matter. Users of this website are advised to seek specific legal advice by contacting a lawyer regarding any specific legal issues.