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    Power of Attorney Executed Abroad

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    Indranil Rudra
    A power of attorney can be validly executed abroad through two main methods: legislation or apostille. For legislation, the POA signatures must be authenticated by an authorized Indian embassy representative and stamped within 3 months of arriving in India. For apostille, the document is proven through an apostille certificate confirming signatures/seals, though it still must comply with Indian registration and POA laws. To get a POA attested abroad, one prepares the POA document and copies, provides identity documents, pays applicable fees, and signs before embassy officers with two witnesses.

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    Power of Attorney Executed Abroad

    Uploaded by

    Indranil Rudra
    47 views2 pages
    A power of attorney can be validly executed abroad through two main methods: legislation or apostille. For legislation, the POA signatures must be authenticated by an authorized Indian embassy representative and stamped within 3 months of arriving in India. For apostille, the document is proven through an apostille certificate confirming signatures/seals, though it still must comply with Indian registration and POA laws. To get a POA attested abroad, one prepares the POA document and copies, provides identity documents, pays applicable fees, and signs before embassy officers with two witnesses.

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    Procedure of execution of Power of Attorney abroad

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    A power of attorney can be validly executed abroad through two main methods: legislation or apostille. For legislation, the POA signatures must be authenticated by an authorized Indian embassy representative and stamped within 3 months of arriving in India. For apostille, the document is proven through an apostille certificate confirming signatures/seals, though it still must comply with Indian registration and POA laws. To get a POA attested abroad, one prepares the POA document and copies, provides identity documents, pays applicable fees, and signs before embassy officers with two witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views2 pages

    Power of Attorney Executed Abroad

    Uploaded by

    Indranil Rudra
    A power of attorney can be validly executed abroad through two main methods: legislation or apostille. For legislation, the POA signatures must be authenticated by an authorized Indian embassy representative and stamped within 3 months of arriving in India. For apostille, the document is proven through an apostille certificate confirming signatures/seals, though it still must comply with Indian registration and POA laws. To get a POA attested abroad, one prepares the POA document and copies, provides identity documents, pays applicable fees, and signs before embassy officers with two witnesses.

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    Ingredients for a valid power of attorney

    -Both the person giving and receiving must be competent.


    -Minors are not competent to grant power of attorney.
    -It should be given for legal purposes.
    -The POA must be duly stamped, notarized or adjudicated as per the case.
    -Power of Attorney executed abroad and authenticated by an Indian Embassy should be
    stamped and adjudicated within three months after receipt in India.

    Can Power of Attorney Executed Abroad?

    Yes, section 14 of Notaries Act, 1952 empowers the central government to declare that the
    notarial act done by notaries in other countries shall be recognized for specified purposes.

    How power of attorney can be executed outside India?

    If a person settled outside India and unable to visit India in the near future, he may execute
    a power of attorney from India through the Indian embassy.

    There are two ways to execute a power of attorney from abroad-

    Through Legislation

    In this case, signatures of the notary or judge before whom the POA is executed are
    required to be authenticated by the duly authorized representative of the Indian embassy.
    As per section 3 of the Diplomatic and Consular Officers Act, 1948 notarizing a deed from an
    authorized officer of the Indian embassy would be considered a valid notary. Such power of
    attorney is not required to be stamped at the time of execution. However, it needs to be
    stamped within 3 months from the date of receipt of the POA India.

    Apostalisation

    It is the process by which deed of POA executed outside India is proven through an
    apostalisation which is governed by Hague Convention, 1961. The apostille is a certificate
    which confirms and verifies the signature/seal of the person who verified the document.
    However, this deed too needs to comply with Indian laws such as the Indian Registration
    Act, 1908 and Power of Attorney Act, 1882.

    How to get Power Of Attorney attested at Indian consulate/embassy?

    The procedure is simple and fairly regular at most Indian consulates worldwide. Generally,
    the steps involved are:
    1. Power of Attorney executed abroad for the purpose of sending POA to India does not
    require an Indian stamp paper. A plain piece of paper can be used to write down the
    POA all terms and conditions. The terms and conditions contain the list of all powers a
    person want to share with the POA holder. List out whatever a person wants the POA
    holder to do on his behalf.
    2. Two copies of the POA document will be required by the consular officer.
    3. POA document must be signed before the embassy officer at the time of attestation.
    4. Two witness signatures are required on the POA document.

    Documents required for Attestation of POA by Indian Embassy

    1. POA prepared documents along with copies


    2. Original passport + copies of all non-blank pages including first and last page.
    3. Copy of Address proof in the country of your residence. For example, a bank statement,
    driving license, utility bill etc.
    4. Proof of legal status in the country of residence, such as visa etc.
    5. Two passport size photographs
    6. The applicable fee at the time of attestation.
    7. Witnesses if going to consulate should also take their proof of identity documents. They
    will be required when they sign POA at the consulate to confirm their identity.

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