“To appoint and nominate” – The salient features of the recently enacted Powers of Attorney (Amendment) Act

1. A power of attorney is any written power or authority (other than that given to an attorney at law) given by one person to another to represent him.

Manner of Execution

1. In Sri Lanka – should be executed before two witnesses and attested by a notary public.
2. Outside Sri Lanka – should be executed before two witnesses and designated consular officers or a duly authorized person according to that country’s law.
3. Power of Attorney for a land transaction – In addition to the above requirements,  the thumb impression of the grantor should be affixed if executed in Sri Lanka. A copy of passport or other official identification document of both grantor and attorney should be attached whether executed in Sri Lanka or offshore.

Particulars to be included

1. Powers of attorney for a land transaction – descriptions of the relevant property including boundaries and extent as well as prior registration details (if the land is already registered)
2. Power of attorney for a transaction relating to a condominium parcel – a description of the condominium parcel or the land (if details of the parcel are not available) as well as prior registration details (if available)

Registration

1. Every power of attorney should be registered, whether executed prior to or subsequent to the enactment of the Amendment Act;

Time period for registration

1. Powers of attorney executed in Sri Lanka – within 1 month of the execution.
2. Powers of attorney executed outside of Sri Lanka – within 3 months.
3. Powers of attorney executed prior to the commencement date of the Amendment Act – within 6 months of the commencement date.

Documents required for registration of a power of attorney –

1. a copy of the executed power of attorney certified by a notary public as a true copy, and
2. an affidavit signed by the Attorney appointed under the power of attorney, in the prescribed form.

Period of validity of powers of attorney

1. Other than a power of attorney executed by a State institution, a power of attorney will only be valid for a period of 5 years from the date of execution, unless –
2. It is not possible for a person other than a State Institution, to execute an irrevocable power of attorney.

Irrvocation of Powers of Attorney

1. If either the grantor or attorney wishes to revoke or cancel a power of attorney -, –
2. notice of such intention should be given to the other party and
3. a notarially attested document should be executed declaring his intention of revoking or cancelling the power of attorney or expressing his intention not to act under that power of attorney (as the case may be) and
4. the Registrar General must be requested to register the same in the relevant volume and folio with in which the power of attorney was registered in.
5. If the grantor of any power of attorney requires to revoke or cancel his power of attorney with immediate effect –
   1. until such document referred to above is executed and tendered to the Registrar General, the grantor or his attorney at law should notify his intention of revocation or cancellation to the Registrar General by a notice in the prescribed form, which will only be valid for a period of three months.
6. The Registrar General shall make an endorsement of the intention of such revocation or cancellation in the relevant volumes and folios in which such power of attorney was registered.

Transitional provisions

Authors

Manjula Ellepola
Partner

Ruwani Dantanarayana
Senior Associate