Sign Power of Attorney before Notary - For use outside the borders of South-Africa
A Power of Attorney is a document signed by one person giving another person power to sign documents on the donor’s behalf and to do such things in relation to his or her affairs as are described specifically (a special power of attorney) or generally (a general power of attorney) in the document.
Where the power of attorney is to be intended for use outside the borders of South-Africa the power of Attorney needs to be signed in front of a Notary Public who in turn will attest (notarial attestation) to your identity and the fact that you have signed the power of attorney in the presence of the Notary Public. Further to the attestation the power of attorney will have to be legalised by either an Apostille certificate or authentication in terms of High Court Rule 63 depending on the destination country of use. We charge an fee of R750 per attestation, which fee includes the consultation with the notary, attestaion certificate as well as the legalisation of the power of attorney.
If, for instance, you are buying, selling or mortgaging property in a foreign country, it may be convenient for you to give a Power of Attorney to a person in that country, usually a lawyer, to deal with the transaction on your behalf. This will save you having to travel abroad to attend to formalities, and may help to smooth out any problems affecting the transaction generally. In most cases, you will be required to sign the Power of Attorney in front of a Notary Public.
Prior to having a Power of Attorney document signed and witnessed for use overseas, it is important to ask the receiving overseas entity:
• What are the requirements as to the form and wording of the document?
• What are the witnessing requirements?
For the Power of Attorney document to be legally binding, it will need to be drafted in accordance with the local laws of the destination country where the transaction is to take place. As an example, if you live in South-Africa but own an apartment in Spain and would like to appoint a person in that country to manage it, your Power of Attorney document would need to be worded so as to reflect the laws of Spain rather than South-Africa. Usually the Power of Attorney documents are prepared by lawyers in the country where the document is intended to be used. Once prepared, it is sent electronically to South-Africa in order for it to be signed before a Notary Public.
What about signing requirements for the “Power of Attorney” document? The requirement as to how the document is to be signed may vary from country to country. It may need to be signed only in front of a Public Notary or alternatively one or more witnesses may be required to be present in addition to the Notary. Some countries require the Power of Attorney to use a special format or form. After being notarised by the Notary Public, the document may need to be apostilled, authenticated or legalised by the High Court, Department of Foreign Affairs and possibly the destination countries embassy or consulate depending on the legalisation requirements of the destination Country of the Power of Attorney.
This means that along with how the document should be notarised, instructions should be sought whether the Power of Attorney requires an Apostille, Authentication and/or legalisation in order of it to be legally recognised in the country of intended use. Our firm is experienced in notarising and legalising power of attorney or for that matter any South-African public document for ultimate use in any country in the world. We litterally process thousands of documents every year and are experts in the process.
We deliver a comprehensive power of attorney attestation and legalisation service, which service inter alia includes:
- Consultation and appearance before a Notary Public for signature;
- Notarial Attestation Certificate;
- Notarial Copy of Identity document/Passport;
- Legalising the power of attorney for international use through an Apostille certificate or authentication process depending on the country of intended use;
- Courier the completed legalised documents to your chosen destination country.
For further information, to schedule an a appointment or should you have questions please contact us.
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