The execution of a power of attorney is one of the most popular notarial deeds, which usually creates no problems. Many of us, though having no legal education, have a clear understanding what the execution of a notarised power of attorney means and are aware of the rules of its issuance.
- In summary, a power of attorney is an instrument under which one person authorises another person to perform certain actions specified in the power of attorney, to represent interests before any third parties.
- To issue a power of attorney, a person that issues the power of attorney must be present in person; he/she must present his/her passport and registration number of the taxpayer identification card (used to be known as the individual tax number).
It should be reminded that your attorney need not necessarily be present in person; it is sufficient for you to know his/her surname, name, patronymic and place of residence.
- You may appoint several attorneys in a power of attorney, who will act independently of each other.
- After the execution of a power of attorney, its data must be entered in the Unified Register of Powers of Attorney (an electronic base of all powers of attorney issued in Ukraine).
Some organisations, institutions, banks require that an excerpt from this Register be submitted together with the notarised power of attorney as a confirmation that the power of attorney is registered. We recommend that you receive it from your notary when executing the power of attorney.
- A power of attorney executed on behalf of a legal entity must be signed by its general manager. For this purpose, he/she must present his/her passport, documents confirming his/her powers and documents related to the legal entity.
A power of attorney executed on behalf of a legal entity must contain an impression of the entity’s seal.
- The procedure for revocation/cancellation of an issued power of attorney is one of the most frequently asked questions. This procedure is very simple. You should apply to any notary, not necessarily to the notary that executed the power of attorney, and tell him/her about your intention to cancel the power of attorney. Based on your data, the notary will find this power of attorney in the electronic base and compile, on your behalf, a statement of cancellation of the power of attorney. You will only need to inform the attorney and possible third parties for whom the power of attorney was issued about the fact that it has been cancelled.
Different types of powers of attorney may have their own nuances; for example, in a power of attorney for a donation of an apartment or a house, you must specify the surname, name and patronymic of the donee.
You only need to identify the scope of powers which you will grant to the attorney.
