A power of attorney is a document by which a person appoints someone they trust to act on their behalf, for example to sell a car, run a business while they are abroad, or deal with a bank or court. In Oman it is known as a wakala. The person granting the power is the principal, and the person receiving it is the agent. The primary provisions governing powers of attorney are found in the Civil Transactions Law, while the Law of Public Notaries sets out how the document is made official.
What Makes a Wakala Valid
Under article 88 of the Civil Transactions Law, any act the agent carries out within the limits of the power of attorney is treated as if the principal had carried it out personally. For this reason, article 673 sets three basic conditions:
- The principal must be entitled to carry out the act: A person cannot authorise someone to sell a house they do not own.
- The agent must be legally able to act: In general, this means an adult with full legal capacity.
- The task must be clearly defined and capable of being performed by another person: “Sell my car with plate number X” is clear; a vague instruction is not.
General or Specific
Under articles 675 and 676 of the Civil Transactions Law, a specific power of attorney covers only the tasks it names, together with whatever is necessary to complete them. A general power of attorney covers most matters, but article 677 provides that it does not allow the agent to donate the principal’s property, settle a dispute, release a debtor, agree to arbitration, lend money, or act in family matters such as marriage or divorce, unless the document expressly says so. Where the wording is vague, article 678 limits the agent to managing and preserving the principal’s property.
Obligations of the Principal and the Agent
Articles 680 to 689 require the agent to stay within the powers granted, exercise due care, keep the principal informed, and not delegate the task to another person without the principal’s permission. An agent authorised to collect money cannot litigate on the principal’s behalf, and an agent authorised to litigate cannot collect money, unless the power of attorney allows both. In return, under articles 690 and 691, the principal must pay any agreed fee and the agent’s reasonable expenses.
Notarisation and Foreign Documents
A power of attorney intended for use before the courts, government bodies, or banks is normally notarised by the public notary. It must be in Arabic or accompanied by an Arabic translation from a legal translation office. Witnesses are no longer required under Supreme Judicial Council Decision 65/2025, and the document can be notarised remotely by video call through the Tawtheeq system under Supreme Judicial Council Decision 531/2024.
A power of attorney made abroad must usually be legalised, meaning certified by the authorities of the issuing country and of Oman, and translated into Arabic. Documents issued in other GCC countries are an exception and are accepted without legalisation, as the Supreme Court held in Supreme Court (First Civil Circuit) Contestation 240/2005.
Duration and Termination
Under article 694, a power of attorney ends when the task is completed, when the end date stated in it passes, or when the principal or the agent dies or loses legal capacity. A power of attorney with no end date does not lapse simply with the passage of time, as confirmed in Supreme Court (Commercial Circuit) Contestation 361/2021. However, the public notary fee schedule in Supreme Judicial Council Decision 234/2022 lists validity periods, and some banks and government bodies may still apply them in practice.
Article 695 allows the principal to revoke a power of attorney at any time, except where it was granted to protect the rights of a third party or for the agent’s own benefit. Revocation should be notified to the agent formally. In Supreme Court (Civil Circuit) Contestation 687/2016, a revocation that was never communicated to the agent did not invalidate a sale the agent later concluded.
Litigation and Companies
A power of attorney used to bring a case before the Supreme Court must name the individual lawyer, not only the law firm, as held in Supreme Court (Civil Circuit) Contestation 210/2020. For a joint stock company, the power of attorney must be signed by the chairman of the board of directors, or by a person the chairman has authorised in writing, with that authorisation attached, as held in Supreme Court (Civil Circuit) Contestation 374/2022.
Checklist Before Signing
- Decide whether a specific or a general power of attorney is needed, and describe its purpose clearly.
- Expressly list any acts outside the general scope that are to be included or excluded.
- State whether the agent may delegate to another person.
- For litigation, authorise both litigating and collecting money if both are needed, and name the individual lawyer.
- For a company, ensure the authorised signatory signs, and attach any delegation of authority.
- State an end date if one is wanted; otherwise the law sets none.
- On revocation, notify the agent formally and keep proof of notification.
A well-drafted power of attorney saves time and protects both parties, while a vague one can leave the agent unable to act or acting in ways the principal never intended. You can read the full rules on agency in English at the link below:
