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Corporate documents

Why a Notary Refuses a Document in Dubai: The Reasons We See

5 minutes read

A notary refused document in Dubai almost always traces back to something that could have been caught before the appointment: a scope clause drawn too widely, an authority that no longer matches the memorandum, a resolution dated after the event it was meant to authorise, or two language versions that no longer say the same thing. None of it is bad luck. It is a pattern, and it is the pattern our reading of a draft exists to catch before anyone travels for the appointment.

We are a document services provider, not a notary and not a law firm: we draft, check and arrange, and the notarial act itself is performed by a Dubai Courts notary.

Three points where a refusal actually happens

A defect found before the appointment is the good case, and it is most of what a draft reading is for. We tell you, you fix it, and nobody travels for nothing.

A refusal at the counter happens when the notary declines to proceed, usually because something on the document itself does not hold up. We deal with the reason and rebook.

A refusal afterwards, by a bank, a registry or a party abroad, means the document was notarised but the receiving party still will not act on it. We find out why and tell you plainly whether the cause was in the drafting, the process, or a requirement nobody could have known in advance.

The scope clause is usually the problem

A company power of attorney grants broad authority to act, and it is refused more often for a simple reason: a bank, a registry or a counterparty’s lawyer looking at an open-ended authority has to decide whether to accept a document that lets its holder do almost anything, and the safe answer for them is no.

A special power of attorney drafted to the transaction names the company, the attorney, the acts, and a limit where a limit helps, so nobody receiving it has to make a judgement call. The exception is where the receiving party specifies its own wording, commonly a bank with its own form, in which case the right instrument is the one it asked for.

Authority that does not match the constitution

Before anything is signed, one question decides whether the document will hold up later: on what basis does this person have the right to bind the company. Authority usually comes from one of three places.

The memorandum of association may name a manager and set out what they may do, which is the strongest basis because it is constitutional. A board resolution or shareholder resolution may grant authority to a named person for a named purpose, which is common and sound, but time-limited in a way the memorandum is not, since a resolution can be superseded, revoked or overtaken by later changes to the board. An existing power of attorney may authorise its holder to grant further authority, but only if the original instrument contains a substitution clause, and a surprising number do not.

Whichever of the three is being relied on, it has to be produced. An instrument that recites an authority nobody can show is worth very little.

A fountain pen resting on printed pages

Consistency failures that stop a file

ReasonWhat happens
The authority recited does not match the memorandumRefused at the counter
The signatory’s authority had lapsedPasses at the counter, refused later at the bank
The scope is drafted too broadlyRefused by the receiving party
There is no substitution clauseDiscovered when the attorney needs to delegate
The company is named inconsistentlyStops the file
No term, where the receiving party requires oneSent back for renegotiation
The English and the Arabic do not say the same thingUnenforceable in part
The resolution predates the event it authorisesDefective on its face

What the draft check catches before you travel

Sending the draft ahead of an appointment is what turns most of the list above into a non-event. We read it against what the receiving authority will accept, we check the authority recited against the memorandum and against any resolution it relies on, and we check that the Arabic and English texts say the same thing before either is finalised.

This is the part we control, and we commit to it. You hear back on a draft the same working day, with which instrument you actually need, whether it will be accepted as drafted, and who has to attend. The full sequence from there is set out on our notarisation process page.

Send the draft, however far along it is, and we will tell you which of these it is at risk of before you book an appointment around it. There is no charge for the reading. Send the draft.

Questions people ask

What happens if the notary refuses the document at the counter?

The notary declines to proceed, usually because something on the document itself does not hold up. We deal with the reason and rebook the appointment.

Can a document be notarised and still be refused later?

Yes. A document with lapsed signing authority commonly passes at the counter and is only refused later, when a bank checks the signatory against its own register.

Why is a general power of attorney refused so often?

An open-ended authority makes the receiving party decide whether to accept a document that lets its holder do almost anything, and the safe answer for them is usually no. A special power naming the acts avoids that judgement call.

Does a mismatch between the Arabic and English text matter?

Yes. Two texts of equal formality that say different things is an argument waiting to happen, which is why a governing language clause and consistent terminology are part of every draft we check. See our FAQ for more on how that is handled.

How do you catch these problems before the appointment?

By reading the draft against the memorandum, any resolution it relies on, and what the receiving authority will accept, before anything is booked. You hear back the same working day.

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