A company power of attorney and a special power of attorney are not different levels of the same document. They are different instruments, built for different jobs, and choosing between them is usually the first decision that determines whether a file is accepted. A company power of attorney is the general instrument by which a company authorises a named individual to act for it. A special power of attorney authorises someone to do named things rather than to act generally, and can be granted by a company or an individual.
We draft both instruments in Arabic and English, check them against what the receiving party will accept, and arrange and attend the notarial appointment. We are a document services provider, not a notary and not a law firm: the notarial act itself is performed by a Dubai Courts notary, not by us.
Two different instruments, not two versions of one
A company power of attorney is the general instrument by which a company authorises a named individual to act for it: at a registry, a bank, a court or a counter. A special power of attorney, وكالة خاصة, authorises someone to do named things rather than to act generally. The difference is not one of size. A company power of attorney can itself be drafted narrowly, and often should be. The real distinction is how the scope is framed: broadly around a role, or precisely around named acts.
Describing what has to happen, rather than asking for a document by name, is usually the faster way to the right instrument, which is often not the one people ask for.
What a company power of attorney is for
A company power of attorney is used for company formation, granted before the company exists, so the principal is the individual shareholder rather than the company itself. It is used for a share transfer, usually alongside the resolutions that approve the transfer and the memorandum amendment that records it, all of which have to agree with each other. It covers litigation, where scope and wording are commonly dictated by what the court or the opposing party requires. It covers banking, where the bank often imposes its own form and the useful work is checking that form against the company’s constitutional documents. It covers licensing and government transactions, usually the routine, fastest case because the acts are well understood. And it covers property where a company is the owner, handled as a corporate instrument because the authority still has to be traced through the company.
What a special power of attorney is for
A special power of attorney is usually for signing and submitting documents to a specific authority for a specific purpose, completing a transaction the principal cannot attend, representing the principal before a named body on a named matter, collecting documents, cheques or certificates on the principal’s behalf, operating a bank account within stated limits where the bank accepts a notarial instrument rather than its own form, or acting on a single property or vehicle transaction.
If the task at hand is not on that list, that does not mean a special power is unusual. Describe what the attorney has to be able to do, and the scope clause is written from that description.
Company power of attorney compared with special power of attorney
Set side by side, the practical differences are these.
| Company power of attorney | Special power of attorney | |
|---|---|---|
| Principal | The company, acting through an authorised signatory | A company or an individual |
| Scope | Can be drafted broadly around a role, though a narrow scope is usually safer | Named acts only, by design |
| Typical use | Company formation, share transfer, litigation, banking, licensing, property | A single transaction or a named purpose |
| Acceptance | A broad scope is the single most common reason a corporate instrument is refused | Accepted more often, because the receiving party makes no judgement call |
Both are priced the same. Our fee from AED 1,500. The Dubai Courts fee is separate and passed on at cost.
Why the narrower instrument is often accepted first time
Clients often ask for a general power because it sounds like better value: one document, wide authority, fewer questions later. In practice it is refused more often. Put yourself on the other side of the counter. Someone presents a document that authorises the holder to do almost anything on behalf of a company or a person. Accepting it means accepting responsibility for whatever the holder then does, and the safe answer for a bank, a registry or a counterparty’s lawyer is often no.
A general power drafted too widely is the single most common reason a corporate power of attorney is refused. A special power removes the judgement call: it names the principal, the attorney, the acts, and where useful the limit, so nobody has to decide whether to trust it.
What each needs before it goes to the notary
For a company power of attorney: the trade licence, currently valid, since an expired one stops the file before anything else is looked at. The memorandum of association and every amendment, because the authority to sign is traced through these and bringing the memorandum without its addenda is the most common gap. Original passport and Emirates ID for the signatory. The resolution, if the signatory’s authority comes from one rather than the memorandum. And details of the attorney, identified precisely enough to match them to their identity document.
For a special power of attorney the list is shorter: original identity documents for the principal, identity details for the attorney even though they need not be present, the trade licence and memorandum if the principal is a company, and a description of the acts, or a draft if one exists.
Either way, a draft sent to us first is read at no charge, and we will tell you whether it will be accepted before you commit to anything.
Getting the choice right before you draft
The choice between the two is not really a choice between big and small. It is a choice about how much judgement you are asking a bank, a registry or a counterparty to exercise on your behalf. A special power of attorney asks for none. A company power of attorney can be drafted the same way, narrow and specific, and usually should be.
If you already know what the attorney needs to do, describe it and we will tell you which instrument fits and whether the wording will be accepted. If a counterparty, often a bank, has sent you their own template, that is frequently the better option, and the work is checking it against your constitutional documents. Full detail on fees and on how notarisation works is published separately.
Send us the draft, or a line about what has to happen, and we will tell you which instrument you need before you commit to anything. Get in touch.
Questions people ask
Can we use a template a counterparty sent us?
Usually yes, and it is often the better option, because a form the receiving party has already approved will not be argued with. The work is checking it against your constitutional documents.
One of our shareholders is a company rather than a person.
The corporate shareholder signs through an individual, and that individual’s authority has to be traced and evidenced separately. It is one of the more common reasons a corporate file takes longer than expected.
How long is either instrument valid for?
That depends on what the instrument says and on what the receiving party requires. Some will not accept an open ended authority, so an expiry is sometimes added deliberately.
Can either be revoked?
Yes. Revocation is its own instrument rather than something that happens by not using the original, so tell us if you need one revoked, because the process is different.
Does either have to be in Arabic?
Many receiving authorities require Arabic, and which ones do is not something to guess at. We draft both instruments in Arabic and English as standard.