Power of Attorney

Powers of attorney notarised so someone you trust can act on your behalf overseas.

A Power of Attorney (“PoA”) authorises one person (a donor) to appoint another to act on their behalf. It may cover:

• Buying, selling, mortgaging and managing property.
• Obtain tax ID numbers and Foreigner ID numbers.
• Litigation and banking matters.
• Marriage Ceremonies by Proxy.
• Inheritances and wealth management

If a PoA is signed in England for use abroad, compliance with English signing requirements alone is often insufficient. It must also satisfy the requirements of the destination country and receiving authority, which may include prescribed wording, witnesses, notarisation, translation, and legalisation. In respect of legalisation, requirements vary by jurisdiction, with some countries accepting an Apostille under the Hague Apostille Convention (the “Convention”), while others continue to require embassy or consular legalisation, often after Apostille has been obtained.

The usual process is

• The PoA is prepared and approved by a lawyer or the receiving authority in the destination country.
• The donor signs it in person before an English Notary Public. In respect of a company, trust or organisation, evidence of authority will be reviewed by a notary including but not limited to constitutional documents, board resolutions and company registry records.
• The notary verifies the donor’s identity, capacity, authority and willingness to sign.
• The document is then either issued with an Apostille by the UK Foreign, Commonwealth & Development Office (“FCDO”) or legalised through the relevant embassy. The FCDO authenticates the relevant signature, seal or stamp on a UK public document and issues an Apostille. An Apostille does not approve the POA’s contents; it authenticates the origin of the notarised document.
• Any further requirements such as translation or local registration are completed in the destination country.

Assistance with legalisation (as part of an ongoing matter with us)

The schedule below contains a list of countries which typically accept as valid a POA signed in England by an authorised person under English law and which has been Apostilled under the Convention. John has significant experience in notarising and arranging Apostille against documents for use in these countries, including countries not included that may require embassy or consular legalisation. If you require the assistance of a Notary Public to facilitate this process, contact John.