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Notarized Power of Attorney
Ordinary Power of Attorney and Notarized Power of Attorney
An individual has the right to give another person or organization a power of attorney to carry out some legal actions in the name or in place of him/her self in accordance with the provisions of the Agency Law:
“Agency is the grant of power to an agent to do, in the name or in place of a principal, a legal act in respect of a third party”. (ref. Clause 1 of the Agency Law 1965). Power of attorney can be granted to carry out any legal action except as otherwise provided by the Law, therefore, the acts of the attorney define the rights and duties of the principal.
Notarized Signature Verification on Notarized Power of Attorney
In order to grant an ordinary power of attorney the status of notarized power of attorney, the draftsman shall present the notary with this power of attorney and sign it before the notary, so that the notary will verify the signer’s signature by means of a notarial signature verification, the additional certificate attached to the power of attorney. The notary must verify the legal capacity of the signer in his or her presence and make certain that the latter signed the notarized power of attorney of his or her own free will, a Notarized Signature Verification certificate is attached thereto.
Irrevocable Notarized Powers of Attorney
Irrevocable notarized power of attorney is the power of attorney that is not cancelled due to the following reasons: the death of the trustee, winding-up of a company or loss of legal capacity by either party.
There are cases when the risk of terminating the power of attorney for one reason or another cannot be taken, for example in the event of a real estate transaction closing and conveyance of real estate.
In such cases, the parties sign the conclusion of the real estate transaction on the irrevocable notarized power of attorney, so that under all circumstances counsels for the parties may conclude the purchase and sales transaction.
Notarized POA for Land and property
It also should be noted that there are some legal acts that may be carried out by another person solely on the basis of notarized power of attorney, for example the actions concerning land property pursuant Clause 20 of the Notaries Law 1976 in the following wording:
“General power of attorney and power of attorney for fulfilling land property deals, which are subject to registration in the Land Register, are only valid if they are drafted by a notary or if the signatures thereon are certified by a notary in accordance with this Law and instructions based on the Law; this clause is without prejudice to Clause 91 of the Law on Notary Offices”.
Oral Power of Attorney
Though it is legally possible (for example if mother acts on behalf of her adult son), but for the actions to be carried out, which may impose obligations to the principal, the party for which the power of attorney is drafted may demand issuing of a written document to make sure such a power of attorney was actually obtained by this party. This power of attorney is not and cannot be the basis for legal actions within the obligations of the principal.
Written Power of Attorney without Signature Verification
It is a written power of attorney where the principal, the trustee, and the subject matter of the power of attorney are specified. The most common type of power of attorney, which does not require signature verification and imposes significant legal obligations or rights, is the power of attorney of a private individual for transfer of ownership of a vehicle. The power of attorney is not valid outside the country where it is drafted in.
Written Power of Attorney Certified by Lawyer
The power of attorney contains all the data specified in the written power of attorney, though in this case principal’s signature is verified by the lawyer. Signature verification will be the material evidence of the fact that the principal actually signed the document. The most common power of attorney that falls under this category is the power of attorney issued by the client to his/her lawyer to carry out legal actions in the name or in place of him/her. The power of attorney is not valid outside the country it is drafted in.
Notarized Power of Attorney
Notarized power of attorney is a higher power of attorney that constitutes satisfactory evidence in a legal proceeding, which does not require additional proof. Notarized power of attorney contains all the personally-identifying information on the principal, the trustee, as well as the information on the subject matter of the power of attorney and authority. The main and significant difference from other types of powers of attorney is the legal force of notarized certification of the signature, and therefore granting the higher force to the notarized power of attorney as compared to other powers of attorney. The power of attorney shall apply globally (in accordance with Apostille and/or other legal rules).
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