WHAT IS A POWER OF ATTORNEY (POA)?

A POA means any written power or authority given by one person to another to represent him/her to perform any work, do any act or carry on any trade or business.

TYPES OF POA

• General Power of Attorney: A General POA permits the Attorney to act on the Principal's behalf in all matters connected with the Principal's affairs.
• Special Power of Attorney: A Special POA grants the Attorney the authority to act on the Principal's behalf in specific matters or events only.

APPLICABLE LAW

Powers of Attorney Ordinance No.04 of 1902 (Chapter 122) as amended (the “Act”).

EXECUTION AND REGISTRATION OF POA IN SRI LANKA

Execution Formalities: A POA must be executed before two witnesses and attested by a Notary Public.

Execution Formalities for a POA granted to be used in connection with property transactions -

The POA must:

• Be duly attested by a Notary Public in accordance with the Notaries Ordinance and the Prevention of Frauds Ordinance;
• Contain a description of the land/land parcel, with metes and bounds, and the extent;
• Contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;
• Contain the prior registration of the land parcel or condominium parcel;
• Bear the left or right thumb impression of the Principal and where both thumbs of the Principal are missing, the impression of any other finger from either the left or the right hand of the Principal, in addition to his signature and where both his hands are missing, he shall place his toe impression, in the presence of the Notary Public and the witnesses.

Registration Formalities:

• Must be registered with the Registrar General’s Department (the “RGD”) within 1 month from the date of execution of the said POA.
• The POA must be accompanied with an Affidavit given by the Attorney and certified copies of NIC/Passport/Driver’s License of both parties.

Additional Notes:

• In a situation where the Attorney resides overseas, the Attorney can provide an Affidavit executed according to the laws of the country of residence. However, it is mandatory to include a local address of the Attorney in both the POA and in the said Affidavit.
• An  Attorney who resides overseas must provide a self-certified copy of his/her passport.
• An Affidavit executed overseas will be accepted by the RGD only if it is submitted within 30 days of its execution.

POA EXECUTED OUTSIDE SRI LANKA

Execution Formalities:

• The POA must be executed before an Ambassador or a High Commissioner, or a Diplomatic Officer or a Consular Officer within the meaning of the Consular Functions Act No.4 of 1981 OR a person who is authorized to attest such POA according to the law of that country.

Execution Formalities for a POA granted to be used for the purpose of a property related transaction –

The POA must:

• Be executed before an Ambassador or a High Commissioner, or a Diplomatic Officer or a Consular Officer within the meaning of the Consular Functions Act No.4 of 1981 or a person who is authorized to attest such POA according to the law of that country;
• Contain a description of the land/land parcel, with metes and bounds, and the extent;
• Contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;
• Contain the prior registration of the land parcel or condominium parcel;
• Be accompanied by a self-certified copy of the bio page of the Passport of the Principal.

Registration Formalities:

• Must be registered with the RGD within three (03) months from the date of attestation of the said POA.

• The POA must be accompanied with an Affidavit given by the Attorney together with a certified copy of his/her NIC/Passport/Driver’s License as well as a self-certified copy of the bio page of the Passport of the Principal.

Additional Notes:

• Where the Principal of a POA is a corporate body, a self-certified copy of the bio page of the passport of the individual(s) who executed the POA on behalf of such corporate body shall be attached to the POA.
• In a situation where the Attorney resides overseas, the Attorney can provide an Affidavit executed according to the laws of the country of residence. However, it is mandatory to include a local address of the Attorney in both the POA and in the said Affidavit.
• An Attorney who resides overseas shall provide a self-certified copy of his/her passport.
• An Affidavit executed overseas will be accepted by the RGD only if it is submitted within 30 days of its execution.