When notarising a power of attorney, a notary may ask whether you want to include a provision on delegation of powers. What does it mean? In such case, a power of attorney for delegation of powers means that your attorney may delegate his/her powers under the power of attorney, if necessary, partially or in full, to other persons that you may even have no idea about. If you have no objections and want to confer your attorney with such powers, you need to include this provision to the text of a power of attorney formalised by a notary.
To notarise a power of attorney for delegation of powers, an attorney, having his/her original basic power of attorney, should apply to a notary (not necessarily to that one who notarised the basic power of attorney).
- List of powers stated in such power of attorney may not exceed the scope of powers of the basic power of attorney.
- Period of validity may not exceed the period of the basic power of attorney.
- Further delegation shall not be stipulated by such power of attorney.
Prior to formalising a draft power of attorney for delegation of powers, a notary must verify the following:
- Availability of powers of an attorney to notarise such a power of attorney.
- The validity of the notarial letterhead a power of attorney is stated on.
- The validity of the basic power of attorney as per the Unified Register of Powers of Attorney (electronic database of all powers of attorney notarised in Ukraine).