Legal Queries
Understanding most common legal questions
Understanding most common legal questions
Understanding Legal aspects of your Bank Accounts.
And to support you, we have compiled a series of frequently asked questions covering a range of banking services, procedures, and requirements (including cheques, returned cheques, decease of an account holder, documents issued outside the UAE, power of attorney (POA), minors, joint account(s) / joint facilities).
This section is intended to provide clear and concise guidance on common inquiries we receive, helping you better understand our processes and the rationale behind the requirements. Our aim is to ensure that you have easy access to accurate information, enabling a smoother and more informed banking experience. Should you require further assistance, our customer service team remains at your service.
What should the customer’s legal heirs do upon his/her death?
The heirs or through their representatives should immediately inform the bank as soon as they are aware of the death of the accountholder and provide the bank with the death certificate.
What are the documents required from the legal heirs to manage the deceased’s account with the Bank (i.e., Father, Mother, Brother,…)?
To enable the heirs of the deceased customer to have access to funds in the deceased account, they should provide the following:
Any documents issued outside the UAE, should be duly attested by the UAE embassy in the country of origin and MOFA in the UAE. Legal translation (duly attested by the Ministry of Justice) is required if the documents are not in Arabic or English.
Can a sole son or daughter manage their deceased father's accounts without submission of any documents?
In all deceased cases and irrespective of the number of heirs, all the heirs or through their representative(s) need to submit all the required documents to the Bank supported with a court order or a POA from all the heirs.
Can the inheritance manager visit the Bank and manage the deceased account based on the first instance court judgment only?
The Inheritance manager needs to provide the Bank with a court letter/ order addressed to the Bank highlighting his appointment as the Inheritance manager as well as his authorities. The said letter/order should be received through the recognized channel – CCMS – highlighting the same. The Inheritance manager should approach the competent court for the issuance of such order or letter.
If documents are issued outside the country (i.e., Power of Attorney (POA), Resolution, Death Certificate, etc.) what are the requirements to be acceptable to the Bank?
Any documents issued outside UAE, should be duly attested by UAE embassy in the country of origin and Ministry of Foreign Affairs (MOFA) in UAE, legal translation (duly attested by Ministry of Justice) is required if the documents are not in Arabic or English.
What are the main powers and authorities that needs to be in the Power of Attorney to allow a representative to manage or withdraw or close customer’s account?
To allow a POA holder to do all such powers, the power of attorney should be:
If the POA context allows the POA holder to open, close and operate bank accounts, can I open a joint account?
In this case the POA holder is authorized to open, close and operate the individual account(s) on behalf of the account holder/POA principal unless the POA is issued under another capacity. However, to open or manage joint account(s) the POA text should be clear and explicitly mentioned the right for joint account(s).
Can a minor open a current / saving account(s)?
In principle the majority age is 21, however in regard to the minor who completed 18 years and (new to the Bank), is allowed to open a new current account (without a cheque book) and/or savings account (excluding any investment account).
Can a mother open an account for and on behalf of a minor?
In Principle, the father can open and operate the bank account(s) on behalf of the minor without the need to provide any further documents or order(s). However, in case of the mother she should hold a valid and duly notarized power of attorney from the father in the required capacity OR to be appointed as legal guardian by the court to enable her act on behalf of the minor and open or operate bank account(s).
What are the required documents to allow the Court appointed Guardian to open, operate minor / incapacitated person account(s)?
The Court appointed guardian should share with the Bank all such supporting document which include the judgment appointing him as a legal guardian as well as a court letter/ order addressed to the Bank which is to be received through the recognized channel(s) / CCMS – highlighting the same, which the legal guardian shall reach out to the competent court is issue such letter/order.
Can the minor avail facilities once he reaches 18 years?
As per the existing laws the minor who completed 18 years would need a court order to enable him to avail facility(ies) and such order would include the type of facility and approved amount(s) to apply for.
Can the father or Legal guardian (appointed by the court) avail finance or execute mortgage on behalf of the minor(s)?
An order issued by the competent court should be obtained and shared with the Bank by the father or the legal guardian to enable them to avail finance/facilities or execute mortgage on behalf of the minor(s).
My parents or court appointed guardian opened an account for me when I was a minor and I have reached 21 years, now I want to fully operate this account, is it allowed?
If the account was opened for his minor by his parents or court appointed guardian and now the minor turned major and reached 21 years, he/she can directly manage all his account(s) without the need or presence of the father or court appointed guardian.
As a minor, what documents shall I obtain and submit to the Bank pertaining to opening an investment account?
As a minor who is willing to open an investment account, you should do one of the following:
Can the beneficiary of a cheque obtain cheque issuer documents?
The cheque beneficiary has the right to request and collect cheque issuer documents from the Bank.
If the Cheque is under beneficiary personal name, but the POA issued by the POA principal is issued under his corporate capacity as an authorized signatory of a company instead of “Personal Capacity”, can he receive return cheque statement on POA principal’s personal behalf?
In this situation the POA holder does not have the authority to represent the POA principal in his personal capacity, as the POA is not issued in his personal capacity.
If the POA is given in the capacity as a company owner, then can the POA holder manage the account in the principal's personal name?
No, he/she can manage only the company’s bank account, not the principal’s personal account.
I am holding the original cheque; can I request for a return cheque statement, or shall I provide supporting documents?
In principle, if you are the beneficiary of the cheque then It is fine and no further documents are needed. However, if the cheque beneficiary is third-party or company then proper power of attorney should be presented authorizing you on behalf of the cheque beneficiary to do such.
What shall I do if the 2nd account holder in the joint account passed away?
If one of the joint account holders dies, the other joint account holder must notify the bank immediately (as soon as possible). No withdrawal shall be made from the shares of the deceased until, the following documents are provided:
The surviving accountholder can withdraw or transfer his or her share in the joint account to his/her other account.
I am the sole owner of a one-man company (limited liability company); can I deposit the cheque issued for the company in my personal account or shall I provide documents for the same?
The constitutional documents and valid trade license reflecting that you are the sole owner should be provided to the Bank and based on Bank’s assessment, it can be permissible provided third-party cheque document is signed as per Bank’s applicable policy.
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