Sandi Saksena
HOW often have you signed a document without reading let alone understanding it? Why do we balk at the idea of reading, asking questions getting clarity on what we are signing?
As an expatriate resident of the UAE and a non-Arabic reading/ speaking individual, it becomes more important to understand what you are signing. In the United Arab Emirates (UAE), Arabic is the official language.
The law is clear, the procedure is clear, but what’s not clear is our understanding of the various documents, be it agreements, contracts, powers of attorney, wills and land papers etc. To facilitate this requirement, the UAE has many officiallyrecognised translation centres located all over the Emirate.
Documents of litigation UAE courts mandate that all documents presented before them must be in Arabic. These include an assortment of legal documents, e.g. notices, statements of claim, incidental pleas, defence memorandums, legal judgments, contracts and memorandums of association etc.
Commercial documents: You may have commercial transactions and business activities where original documentation is not in Arabic. Documents, such as contracts, agreements, memoranda, financial statements, company closures, powers of attorney, tax certificates, and decisions of the board of directors, have to be translated into Arabic for attestation and legal compliance in the UAE.
Local regulations
Personal documents: These may include, but not limited to, birth, marriage educational, death certificates; medical reports, and powers of attorney. To ensure these documents are legally recognised, they must be translated into Arabic by a Government-authorised translator before submission to the relevant authorities. In short, any documents submitted to or required by UAE authorities or courts in the UAE must be in Arabic, as per local regulations.
It is very common, more so among women to sign without clarification so as not to appear ignorant or, because asking questions would mean not ‘trusting’ the person whose asking us to sign. Getting clarity and knowing the consequences is a must. Don’t be badgered with emotional blackmail. An employee may be asked to sign an agreement, as a witness or a business partner. Not reading/understanding can result in the person being held liable, handing over his/her shares/percentage in the company or in some known instances being removed as shareholder. .
Any credit card contract terms and conditions are a good example. Disclosures or other important information may not be included in the main body of a document, but in footnotes or a supplemental document. Reading and understanding the fine print is essential when entering into an agreement. You have the right to request the use of the English language in any document if your first language is not Arabic. You have the right to read and obtain, in advance, a copy of each document and text referred to in any contract.
Blank, incomplete form
You have the right to obtain, and you must retain, a copy of any contract or document signed by you. Don’t sign a blank or incomplete form, ensure all the required fields and figures in the form are correct and complete before signing it. Don’t provide any other party with details about your bank account or any other critical information.
When granting a proxy (power of attorney) to a third party to conduct any financial transactions on your behalf, determine the powers delegated under this proxy to act with your consent. A simple document, is just as dangerous as a sheaf of documents that require your signature. It is your right to ask for an explanation/translation and it is your responsibility to understand your rights and obligations before signing.
