Who Can Make an Affidavit in the UAE?

 An affidavit is a formal legal declaration made by a person under oath or affirmation, confirming that the statements written in the document are true. In the UAE, affidavits are widely used for court cases, business matters, immigration procedures, property issues, and personal declarations. One common question people ask is who is legally allowed to make an affidavit in the UAE.

In general, any person who has direct knowledge of the facts being stated and is legally competent can make an affidavit in the UAE, provided they meet the basic legal requirements and follow the proper procedures for signing and authentication.

Individuals Who Can Make an Affidavit

In the UAE, an affidavit can be made by a wide range of individuals, including:

  • UAE residents (expatriates or citizens)
  • Foreign nationals living in the UAE
  • Business owners or company representatives
  • Employees or employers
  • Legal guardians or authorized representatives (in specific cases)

The key requirement is that the person making the affidavit must have personal knowledge of the facts being declared and must be mentally and legally capable of making a sworn statement.

Legal Capacity to Make an Affidavit

To make a valid affidavit in the UAE, the person must have legal capacity. This generally means:

  • The person must be of legal age (18 years or above in most cases)
  • The person must be of sound mind
  • The person must understand the content of the affidavit
  • The statement must be made voluntarily without pressure or coercion

If a person does not meet these conditions, their affidavit may not be considered valid by UAE authorities.

Can Companies Make an Affidavit in the UAE?

Yes, companies can also be involved in affidavits, but not in the same way as individuals. A company itself does not “sign” an affidavit; instead, it is signed by an authorized representative such as:

  • A director
  • A manager
  • An authorized signatory
  • A legal representative

The person signing must have official authority to act on behalf of the company, and this authority may need to be supported by corporate documents such as a trade license or power of attorney.

Role of Personal Knowledge in an Affidavit

One of the most important requirements for making an affidavit is that the person must have direct personal knowledge of the facts being stated. An affidavit cannot be based on rumors, assumptions, or second-hand information.

For example, if someone is making an affidavit regarding property ownership, employment details, financial status, or personal identity, they must have firsthand knowledge of those facts.

Making an Affidavit Outside the UAE

Even if a person is outside the UAE, they can still make an affidavit for use in the UAE. However, the document usually needs to be:

  • Signed before a notary public in the country where it is made
  • Attested by relevant local authorities
  • Legalized by the UAE embassy or consulate
  • Possibly translated into Arabic for use in UAE authorities

This ensures that the affidavit is recognized and accepted in the UAE legal system.

Can Minors Make an Affidavit?

In most cases, minors (individuals under the legal age) cannot make an affidavit on their own in the UAE. However, a legal guardian or parent may make an affidavit on their behalf when required for legal or administrative purposes.

The guardian must have legal authority and must clearly state their relationship to the minor in the affidavit.

Importance of Notarization

Regardless of who makes the affidavit, it must usually be notarized to be legally valid. Notarization confirms the identity of the person making the statement and ensures that the affidavit was signed voluntarily.

Without proper notarization, an affidavit may not be accepted by UAE courts or government departments.

Conclusion

In the UAE, any legally competent individual with personal knowledge of the facts can make an affidavit, including residents, foreign nationals, and authorized company representatives. The key requirements are legal capacity, truthful information, and proper notarization or attestation. Ensuring these conditions are met helps make the affidavit valid and acceptable for official use in the UAE

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