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What MOA Notarisation Means for Your Business in Dubai
The Memorandum of Association (MOA) is the constitutional document of any commercial company registered in the UAE. It defines the company's name, registered address, business activities, share capital, shareholding structure, and management powers. Federal Decree-Law No. (32) of 2021 on Commercial Companies requires the MOA to be drafted in Arabic and notarised by the competent authority before the company can be legally registered.
Notarisation is the process through which a public or licensed private notary verifies the identity of all signatories, confirms that the MOA complies with UAE law, and applies an official seal. Without this certification, the Dubai Department of Economy and Tourism (DET) will not accept the document for trade licence issuance, and the company cannot be legally incorporated. The notarised MOA is also required for opening corporate bank accounts, applying for employee visas, and completing post-licensing procedures.
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When MOA Notarisation Is Required
MOA notarisation is required in several clearly defined situations during and after company formation.
New company registration. Every mainland company in Dubai that operates under a legal form requiring an MOA — including Limited Liability Companies (LLCs), civil companies, and partnerships — must submit a notarised MOA as part of the trade licence application to the DET. Without it, the licence cannot be issued.
Custom MOA drafting. The DET provides a standard MOA template that is generated electronically during the licensing process. However, if the shareholders wish to modify any clause — such as profit distribution ratios, management powers, or dispute resolution mechanisms — the customised MOA must be notarised separately through a Dubai notary public before submission.
Power of Attorney representation. When a shareholder appoints an attorney to sign the MOA on their behalf, the signing cannot take place directly through the DET system. The attorney must first attend a notary public to sign the MOA under the Power of Attorney, and the notarised document is then submitted to the DET for licence issuance.
Corporate amendments. Any change to the MOA — such as adding or removing a partner, adjusting share capital, changing business activities, or modifying management rights — requires a notarised MOA addendum. The DET requires approval before the addendum is drafted, and the updated version takes legal effect only after notarisation.
International use. If the MOA must be presented to a foreign authority, bank, or embassy, additional authentication through the Ministry of Foreign Affairs (MOFAIC) is required after notarisation. EGSH provides MOFA attestation services for commercial documents.
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Legal Basis for MOA Notarisation in the UAE
The legal requirement for MOA notarisation is established under Federal Decree-Law No. (32) of 2021 on Commercial Companies. Article 14 of the law requires the MOA to be in Arabic and notarised by the competent authority. This provision applies to all company forms governed by the law, including LLCs, general partnerships, limited partnerships, and joint stock companies.
The 2025 amendment to the Commercial Companies Law (Federal Decree-Law No. (20) of 2025) further expanded the scope of provisions that may be included in the MOA. The amended Article 14 now expressly permits the incorporation of drag-along rights, tag-along rights, and share acquisition mechanisms following a shareholder's death. These additions make the MOA a more comprehensive governance document and reinforce the importance of accurate, legally compliant drafting before notarisation.
At the Dubai level, Dubai Law No. (4) of 2013 governs the framework for notary public services, and Dubai Courts administers both public and private notary operations within the emirate.
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The MOA Notarisation Process Step by Step
The notarisation process follows a defined sequence, from MOA drafting through to final certification.
Step 1 — Draft the MOA. The MOA must be drafted in Arabic and must accurately reflect the shareholding structure, capital, business activities, management powers, and profit-sharing arrangements agreed by the partners. It must align precisely with the trade name, activity, and legal form approved by the DET. Professional legal drafting is recommended to ensure the document complies with the Commercial Companies Law and protects the interests of all shareholders.
Step 2 — Translate the MOA (if applicable). Arabic is the official language for all MOAs submitted to Dubai Courts. If the original document is prepared in English or another language, it must be translated into Arabic by a certified legal translator approved by the UAE Ministry of Justice. Dubai Courts accept bilingual MOAs in Arabic and English, provided the Arabic text is the primary legal version.
Step 3 — Attend the notarisation session. All signatories (or their POA holders) must attend the notary public session. This can be done in person at a Dubai Courts notary branch, at a licensed private notary office, or remotely via the Smart Electronic Notary system. The notary verifies the identity of each party, reviews the MOA for compliance, and witnesses the signing.
Step 4 — Pay the government fees. Notarisation fees are calculated based on the value of the instrument and the number of signatories. Payment is made at the time of the notarisation appointment.
Step 5 — Receive the notarised MOA. Once signed and stamped, the notary issues the certified document. The notarised MOA is then submitted to the DET as part of the trade licence application or the relevant corporate amendment process.
Processing typically takes one to three business days from the submission of a complete and compliant file.
MOA Notarisation Channels in Dubai
Dubai provides three channels for completing MOA notarisation, each with equal legal validity.
Dubai Courts Public Notary. The public notary operates under the Dubai Courts system at multiple branches across the emirate, including the Wafi Mall Service Centre. This is the standard government channel, with fees determined by Cabinet Resolution No. (19) of 2024. Appointments are subject to court scheduling.
Licensed Private Notaries. Private notaries are licensed by the UAE Ministry of Justice and authorised to perform the same notarial functions as the public notary. They offer greater scheduling flexibility, mobile notarisation options, and faster turnaround. Effective 2 January 2026, Dubai Decree No. (312) of 2025 standardised the fees for private notaries across Dubai. Private notaries charge AED 100 for electronic registration of each party's details in the Dubai Courts system, AED 100 per signature on the instrument, and AED 1,000 per off-site visit. Professional service fees apply in addition to these regulated charges.
Smart Electronic Notary (e-Notary). Dubai Courts operates a digital notarisation platform that allows eligible documents to be notarised remotely. Users register through the Dubai Courts portal using UAE Pass, upload the MOA in PDF format, pay fees electronically, and complete identity verification via a recorded video call. Electronically notarised documents carry the same legal force as those notarised in person. A restriction applies: the e-Notary system is available to UAE residents with an active Emirates ID; however, in certain cases, non-residents may complete MOA notarisation through an authorised representative holding a valid Power of Attorney or via specific notary-approved procedures.
Arabic Language and Translation Requirements
Arabic is the only official language for MOAs submitted for notarisation in the UAE. This requirement is established under the Commercial Companies Law and is enforced by Dubai Courts. If the shareholders draft the MOA initially in English, it must be translated into Arabic by a legal translator certified by the UAE Ministry of Justice before the notary will accept it for review. EGSH offers legal translation services with certification for MOAs and other commercial documents.
Dubai Courts accept bilingual MOAs presented in Arabic and English side by side. In this format, the Arabic text is the legally binding version, and the English text serves as a reference translation. Any discrepancy between the two versions is resolved in favour of the Arabic text.
Companies should ensure the translation is prepared and certified before the notarisation appointment. Submitting an untranslated or uncertified document will delay the process or result in rejection.
MOA Authentication for International Use
A notarised MOA may require further authentication if the document is to be used outside the UAE or presented to a foreign authority within the country.
The MOFAIC attestation process for UAE-issued MOAs follows a specific sequence. The document is first notarised by a Dubai Courts notary public, then endorsed by the Dubai Chamber of Commerce (for commercial documents), and finally attested by MOFAIC. Once MOFAIC applies its seal, the MOA is valid for use before foreign authorities and embassies.
For foreign-issued MOAs that must be recognised in the UAE, the legalisation chain operates in reverse. The document must be notarised in the country of origin, endorsed by the foreign ministry of that country, attested by the UAE embassy or consulate in the issuing country, and finally legalised by MOFAIC once it arrives in the UAE. Only after completing this full sequence is the foreign MOA accepted by UAE authorities for licensing, banking, or registration purposes.
The MOFAIC attestation fee for commercial documents ranges from AED 150 to AED 2,000, depending on the document type. Embassy or consulate fees for foreign legalisation vary by jurisdiction and are paid directly to the foreign mission.
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Common Reasons for Delays in MOA Notarisation
Several issues frequently cause delays or rejections during the MOA notarisation process.
Inconsistencies between the MOA and the DET approval. The shareholding structure, activities, and company name in the MOA must match the trade name reservation and initial approval issued by the DET exactly. Any discrepancy will result in the notary or the DET rejecting the document.
Missing or expired identification. All signatories must present valid original identification at the time of signing. Expired Emirates IDs, missing passports, or unsigned Powers of Attorney will halt the session.
Untranslated documents. An MOA submitted in English only, without a certified Arabic translation, will be refused by the notary.
Incomplete prior steps. MOA notarisation cannot proceed until the trade name has been reserved and initial approval has been granted by the DET. Shareholders should complete these steps before scheduling a notarisation appointment.
Non-resident restrictions on e-Notary. Individuals without a valid UAE Emirates ID cannot use the Smart Electronic Notary system. Non-residents must appoint a UAE-resident POA holder or attend a physical notarisation session.
MOA Amendments and Re-Notarisation
Any material change to a company's structure requires a formal amendment to the MOA, which must be notarised to take legal effect. Common amendment scenarios include adding or removing a partner, modifying share capital, changing the company manager, updating business activities, and adjusting profit-sharing ratios.
The amendment process begins with obtaining approval from the DET for the proposed change. An MOA addendum is then drafted, reflecting the new terms. All existing and incoming partners must sign the addendum, and the document is submitted for notarisation through the same channels used for the original MOA. Once notarised, the addendum is filed with the DET to update the trade licence.
Under the Commercial Companies Law, at least three-quarters (75%) of the shares represented at a general assembly meeting must vote in favour of any MOA amendment. A quorum of partners holding at least 50% of the company's capital is required for the meeting to be valid.
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Frequently Asked Questions
Is MOA notarisation mandatory for all companies in Dubai?
MOA notarisation is mandatory for all mainland company formations in Dubai that operate under a legal form requiring an MOA, such as LLCs, civil companies, and partnerships. The DET will not issue a trade licence without a notarised MOA. Free zone companies follow their respective authority's registration procedures, which may differ.
Can I notarise my MOA online in Dubai?
Yes. Dubai Courts operates the Smart Electronic Notary system, which allows eligible documents to be notarised remotely via video call. Applicants must register on the Dubai Courts portal using UAE Pass and hold a valid Emirates ID. Not all document types are eligible for online processing. Applicants should confirm availability with the notary before scheduling.
How much does MOA notarisation cost in Dubai?
Government fees for MOA notarisation are set under Cabinet Resolution No. (19) of 2024. For instruments valued below AED 100,000, the fee is AED 200–320 per signature. For instruments valued at AED 100,000 or above, the fee is 0.5% of the instrument value per signature, capped at AED 15,000 per document. Private notaries may charge an additional professional fee of up to 30% of the government fee.
Does the MOA need to be in Arabic?
Yes. Under the Commercial Companies Law, the MOA must be in Arabic. The Dubai Courts will not notarise an MOA that is in English only. If the original document is in English, a certified Arabic translation by a Ministry of Justice-approved translator must be prepared before notarisation. Bilingual MOAs in Arabic and English are accepted, with the Arabic version serving as the legally binding text.
What happens if I need to change my MOA after notarisation?
Any amendment to a notarised MOA requires drafting a new addendum, obtaining DET approval, and having the addendum signed and notarised through a Dubai Courts notary or licensed private notary. The updated document must then be filed with the DET to reflect the changes on the trade licence. Common amendments include partner changes, capital adjustments, and activity modifications.
Can a representative sign the MOA on my behalf?
Yes. If a shareholder cannot attend the notarisation session, they may appoint a representative through a valid, notarised Power of Attorney. The POA must explicitly authorise the representative to sign the MOA on behalf of the shareholder. The representative must present the original POA and valid identification at the notarisation session.
How long does MOA notarisation take?
Processing typically takes one to three business days from the submission of a complete file. The Smart Electronic Notary system can process straightforward documents on the same day during official working hours. Complex cases involving multiple parties or high-value instruments may require additional time.
Do I need MOA notarisation when amending my trade licence?
Yes, if the amendment affects the content of the MOA. Changes to business activities, ownership structure, company name, or capital require a notarised MOA addendum. The DET will not process a trade licence amendment unless the MOA reflects the updated information and has been re-notarised. See the full process in our guide to Dubai business licence amendment.
What is the difference between MOA notarisation and MOA attestation?
Notarisation is the initial certification of the MOA by a notary public, confirming the identity of the signatories and the legality of the document. Attestation (or authentication) is a subsequent step required when the MOA must be recognised by a foreign authority or used outside the UAE. MOA attestation involves additional endorsements from bodies such as the Dubai Chamber of Commerce and MOFAIC.
Can EGSH assist with MOA notarisation?
EGSH provides notary public services that cover document preparation, drafting, translation coordination, and submission for notarisation through the Dubai Courts Notary Public or the e-Notary system. EGSH manages the complete file to ensure compliance with Dubai Courts procedures and UAE legal requirements.
Explained by
Abdelmohsen Alyahri
Support Services
Abdelmohsen Alyahri is a support services professional with 3 years of experience in UAE government transactions. He assists with procedures across MOFA, the Ministry of Economy, Dubai Municipality, and RTA, ensuring accurate document handling, compliance, and timely processing.
Official Sources and References
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Federal Authority for Identity, Citizenship, Customs and Port Security (ICP) — federal authority responsible for visa, residency, and identity regulation in the UAE.
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Dubai Department of Economy and Tourism (DET) — licensing authority for mainland businesses in Dubai.
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UAE Ministry of Justice (MOJ) — federal authority responsible for licensing private notaries and operating the e-Notary system.
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Ministry of Foreign Affairs and International Cooperation (MOFAIC) — federal authority responsible for document attestation and legalisation for international use.
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UAE Legislation Portal — official repository for federal and local legislation, including the Commercial Companies Law and Cabinet Resolutions on notary fees.
Important Notice
The information in this article is current at the time of publication and is provided for general guidance only. Government fees, document requirements, and procedural timelines are subject to change at the discretion of the relevant UAE authorities. MOA notarisation and trade licence issuance are subject to review and approval by the Dubai Courts and the Department of Economy and Tourism respectively. Applicants should confirm the latest requirements directly with the relevant authority or through an authorised government services centre before proceeding.
