Statutory Declaration in UAE: Everything You Need to Know

A statutory declaration is a legal document that allows a person to declare something to be true for the purposes of meeting a legal requirement or regulation when no other evidence is available. They are made under statutory authority before a Justice of the Peace or Commissioner for Oaths and may in some circumstances be made in place of statements made on oath, such as affidavits or sworn statements.

In the UAE, a statutory declaration may be required for certain legal or administrative procedures, such as changing one’s name after marriage, applying for a visa, or registering a business. In this article, we will explain everything in detail about statutory declaration in UAE.

What is statutory declaration?

A statutory declaration, also known in some places as a solemn declaration or a declaration under penalty of perjury, is a written statement made by a person before a person authorized to administer oath. This authorized person can be a notary public, a judge or an oath commissioner. It carries legal significance and requires the declarant to attest to the truthfulness of the statement, similar to taking an oath in court.

A statutory declaration differs from an affidavit in that it is not made in connection with any legal proceedings but is made for a specific purpose which requires a person to declare certain facts under oath .

Common scenarios requiring statutory declaration in UAE

A person may be required to make a statutory declaration confirming that:

• Identity, name, date of birth, or place of birth
• marital status, divorce, or separation
• Nationality, citizenship, or immigration status
• religion, belief, or conversion
• education, qualifications, or experience
• ownership, possession, or transfer of property or assets
• health, medical condition, or treatment
• travel, residence, or employment history
• Relationship, kinship, or dependence with another person
• consent, authorization, or agreement to a certain action or transaction
• involvement, participation, or contribution to a certain event or activity
• An opinion, belief, or intention on a certain matter or issue.

However, this is not an exhaustive list, and there may be other circumstances where a statutory declaration is required or useful. Therefore, you should always consult a legal professional or relevant authority or institution before making or submitting a statutory declaration.

Statutory Declaration vs Affidavit: What’s the difference and when to use them?

Affidavit	statutory declaration
A written statement of fact made by a person and then sworn or affirmed to be true before a person who is authorized by law to witness and administer it.	A written statement of fact made by a person and then declared to be true without any oath or affirmation.
Generally used for court purposes.	Typically used for purposes outside of court, such as confirming identity, ownership, or marital status.
To be valid it must state that it is “made under oath” or “under undertaking”.	To be valid it must state that it is “made under penalty of perjury” or “made under penalty of false statement”.
The oath may be witnessed and administered by a notary public, judge, magistrate, consul or commissioner.	May be witnessed and administered by a notary public, judge, magistrate, consul or other person authorized by law.
Giving a false affidavit is a crime of perjury.	Making a false statutory declaration is a crime of perjury.

Here is a comparison of affidavit and statutory declaration in UAE:

How to make a statutory declaration in UAE?

To make a statutory declaration in the UAE, a person must follow these steps:

• Step 1: Draft the Statutory Declaration:

The statutory declaration must be clear, concise and specific and include the following information:

• Full name, address and occupation of the person making the declaration
• Date and place of announcement
• Title or purpose of declaration
• The facts which the person wishes to declare, in numbered paragraphs
• Signature of the person making the declaration.

• Step 2: Find a person who is authorized to administer oaths in the UAE:

Find a person who is authorized to administer oaths in the UAE, such as a notary public Dubai, judge or commissioner of oaths. The person administering the oath must be independent and impartial and must have no interest or involvement in the matter relating to the declaration.

• Step 3: Present the draft statutory declaration to the person administering the oath:

Present the draft of the statutory declaration to the person administering the oath, along with a valid identification document, such as a passport, Emirates ID, or driver’s license. The person administering the oath will verify the identity of the person making the declaration, and ask them to read the declaration aloud and swear or affirm that it is true and accurate.

• Step 4: Sign the statutory declaration in the presence of the person administering the oath:
  • Put your signature on the declaration and also get it signed and sealed by the person administering the oath.
  • If requested by the person administering the oath, provide your thumb impression or fingerprint on the declaration.
  • Obtain the original copy of the statutory declaration from the person administering the oath.
  • You may also have to pay a fee for the service, depending on the notary public or commissioner of oaths.

• Step 5: Keep the original copy of the statutory declaration, and make copies as needed

Retain the original copy of the statutory declaration, and make copies as necessary for the purpose for which the declaration is made. The person administering the oath may also keep a copy of the declaration for his or her records.

UAE Legalization Declaration

legalization of statutory declaration in united arab emirates (UAE) involves a process of certifying the validity of a document for official use within the country. Here are the general steps to legalize a statutory declaration in the UAE:

1. Notarization: start from drafting statutory declaration and it is being notarized by a licensed notary public In your country. The notary public will verify your identity and witness your signature on the declaration.

2. Apostille or Consular Legalization: Depending on the procedures in your home country, you may need to obtain a Apostille or consular legalization for statutory declaration, The Apostille is generally used for countries that are parties to the Hague Apostille Convention, which simplifies the legalization process. If your country is not part of the convention, you may need to visit the UAE Consulate or Embassy in your home country to legalize the document. This step is necessary for international recognition of your statutory declaration.

3. Ministry of Foreign Affairs (MOFA) in the United Arab Emirates.: Once the statutory declaration is notarized and legalized in your home country, submit the document to the UAE Ministry of Foreign Affairs. This can usually be done at the ministry office in the emirate where you plan to use the document.

4. Translation (if necessary): If your statutory declaration is in a language other than Arabic, it may need to be translated into Arabic by a recognized translation service in the UAE. This translation is often required for official documents.

5. final verification: After Ministry of Foreign Affairs in United Arab Emirates After verifying the authenticity of the document, they will put their seal on it, officially certifying its validity.

6. use of document: Once the Statutory Declaration is fully valid, you can use it for your intended purpose in the UAE, be it for immigration, employment or any other legal matter.

How can Private Notary Dubai help?

Making a statutory declaration is a serious matter, and you should not make a declaration unless you are sure that the facts stated in it are true and correct. If you make a false or misleading declaration, you may face legal action such as prosecution, imprisonment or fines. You should always consult a lawyer or notary public before making a statutory declaration to ensure that you comply with the relevant laws and regulations.

Advocate Notary Public Dubai Provide comprehensive assistance with statutory declarations of relationships in the UAE, handling and overseeing the accurate drafting of documents in accordance with UAE regulations. notarization process To ensure that declarations are accurately prepared, signed, witnessed and validated by a certified notary public, thus ensuring their legal authenticity and compliance with all necessary requirements. For more information or to get started with your statutory declaration in the UAE, please do not hesitate to contact us today.

Disclaimer, As explained in the article, the process for making a statutory declaration in the UAE may vary depending on the specific purpose and requirements of the statutory declaration, and the laws and regulations of the UAE and your home country. Therefore, it is advisable to consult a legal professional before making or using a statutory declaration in the UAE.