Can I use someone else's account to issue a manager's cheque for a property purchase?

Dear Questioner,

A more secure and transparent option is to obtain a Power of Attorney (POA) from your friend, authorizing them to act on your behalf in the property transaction.

This would give them the legal authority to receive the funds, obtain the manager's cheque, and complete the necessary paperwork.

Yes, you can transfer money to your friend’s bank account in Abu Dhabi and use it to produce a manager’s cheque for your property purchase in Dubai, provided all parties adhere to legal requirements and banking protocols.

Thank you for your question regarding the process of paying for a property purchase in Dubai using a manager’s cheque while currently being based in Saudi Arabia.

1. Third-Party Account Usage:

While it may be technically feasible to transfer funds to your friend's bank account in Abu Dhabi and use that account to issue a manager’s cheque, this approach can present significant legal and procedural challenges:

- Bank Regulations:

UAE banks generally require the individual issuing a manager’s cheque to be the account holder to ensure transparency and traceability of the funds.

- Compliance Risks:

This type of transaction may trigger additional scrutiny from banks and authorities due to anti-money laundering (AML) laws, potentially leading to delays or the need for further documentation.

2. Potential Issues During Property Transfer:

- Verification by Authorities:

The Dubai Land Department (DLD) may require proof that the payment is directly from the buyer, as a measure to confirm the legitimacy of the transaction.

- Risk of Delays:

Using a third-party account could prompt questions or verification steps that may delay the property transfer process.

3. Recommendations for Compliance and Smooth Processing:

- Open a UAE Bank Account:

If possible, consider opening a bank account in the UAE under your name. This is the most straightforward way to issue a manager’s cheque directly linked to you as the buyer.

- Use an Escrow Service:

Engaging a DLD-approved escrow service or using a bank’s escrow facility could offer a secure and compliant way to manage the funds and ensure the cheque is issued correctly.

- Consult the Bank Directly:

Contact the bank where you intend to issue the manager’s cheque for detailed guidance on their requirements and any alternatives they may provide.

4. Conclusion:

While transferring funds to a friend’s account and having them issue a manager’s cheque may seem like an option, it carries compliance and procedural risks that could complicate your property purchase.

For the smoothest and most compliant transaction, using your own UAE bank account or an approved escrow service is advisable.

If you need further assistance or wish to discuss these options in more detail, please feel free to reach out.

Warm Regards,

Omar Mosaad

Dear Questioner,

Thanks for your inquiry!

According to UAE law, it is not permissible to use someone else's bank account to produce a manager's cheque for a property purchase.

This is considered a violation of the UAE Central Bank's regulations on anti-money laundering and combating the financing of terrorism.

The funds used for the purchase of the property must come from your own bank account or a joint account with your spouse.

If you are unable to physically attend the transfer, you can appoint a legal representative to act on your behalf and make the payment from your own bank account.

It is important to ensure that all transactions related to the property purchase are done in a legal and transparent manner to avoid any legal issues in the future.

Please do not hesitate to contact us via phone or email for further assistance.

Greetings,

The manager's cheque, in this case, will be issued in your friend's name. However, we can find another solution for you.

Please contact us at [----------].

Welcome,

Yes, you can transfer the money to your friend’s account in Abu Dhabi to issue a manager’s cheque, but there are some important points to consider:

1. Authorization:

Your friend must authorize the bank to issue the manager’s cheque in the seller’s name. The cheque will reflect your friend’s name as the account holder, not yours.

2. Documentation:

Ensure all documentation related to the property transfer clearly states your name as the buyer to avoid any legal issues.

3. Bank Policies:

Check the issuing bank’s policies, as some banks may require the account holder (your friend) to physically be present to issue the cheque.

4. Physical Attendance:

Your physical attendance at the transfer is acceptable, but the cheque will still reflect your friend’s name as the issuer.

For smoother transactions, consider opening a temporary non-resident bank account in the UAE or using escrow services provided by the Dubai Land Department (DLD).

For tailored advice, contact our office.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email at [----------].

My dear,

We recommend contacting the bank where your friend's account is held to inquire about the possibility of transferring from Saudi Arabia, ensuring that the transferred amount is not fully seized.

Dear,

In the process of buying a property in Dubai, using a Manager's Cheque is a common and safe way to complete the payment.

Since you are a resident of Saudi Arabia and not a resident of the UAE, you may face challenges in issuing a Manager's Cheque directly from your account.

Available Options include using your friend's account in Abu Dhabi:

- Transfer Funds: You can transfer the required amount to your friend's account in Abu Dhabi.

- Issuing a Manager's Cheque: Your friend can visit his bank and request a Manager's Cheque to be issued in the name of the seller.

- Delivering the Cheque: You can collect the cheque from your friend and present it to the seller in person.

Dear Questioner,

Thank you for reaching out with your inquiry regarding the purchase of property in Dubai as a non-resident.

In the UAE, a manager's cheque is a secure payment method commonly used in property transactions. However, issuing a manager's cheque typically requires the payer to have a bank account in the UAE.

As a non-resident, opening a local bank account can be challenging due to stringent banking regulations.

Transferring funds to your friend's bank account in Abu Dhabi to issue a manager's cheque on your behalf is not advisable.

This approach may raise legal and compliance issues, including concerns related to anti-money laundering regulations.

Banks are generally cautious about third-party transactions, especially involving large sums, and may refuse to process such payments.

An alternative solution is to engage the services of a law firm or escrow company in Dubai. These entities can facilitate the payment process on your behalf, ensuring compliance with local laws and providing a secure transaction method.

They can issue the manager's cheque from their accounts, thereby mitigating the challenges associated with non-resident banking.

I recommend scheduling a consultation to discuss your specific situation in detail and to explore the most appropriate and lawful methods to proceed with your property purchase.

Please feel free to contact me via WhatsApp or phone at [--------] to arrange a convenient time for our discussion.

Best regards,

Suhail Rana