What documents are required to issue a power of attorney abroad — explanation
Buying or selling real estate, processing inheritance, obtaining documents, representing in government bodies, or resolving other legal issues — all this can be entrusted to another person, even while being outside Ukraine. The main thing is to properly issue the power of attorney. This was reminded by the Dnipro Interregional Department of the Ministry of Justice of Ukraine.
What is a power of attorney
A power of attorney is an official written document by which one person grants another the right to act on their behalf and represent their interests before third parties. Such a document can be given either to a representative or directly to the person or institution with whom interaction is intended.
The presence of a power of attorney allows the representative to conclude contracts, sign applications, perform legally significant actions, and represent the interests of the principal in various bodies and institutions. For transactions involving real estate, vehicles, corporate rights, and other cases provided by law, a notarized power of attorney is usually required.
If a Ukrainian citizen is outside the country and intends to issue a power of attorney for use in Ukraine, they can use one of two main methods:
- notarize the power of attorney with a notary of the country of residence;
- issue the document at a Ukrainian consular institution.
Notarization of a power of attorney by a foreign notary
Persons residing or temporarily staying abroad can contact a local notary to issue a power of attorney. In this case, the document is drawn up in accordance with the legislation of the country where it is notarized.
Usually, the text of the power of attorney is prepared in the official language of the respective country, so later there may be a need to translate the document into Ukrainian.
Issuing a power of attorney through a Ukrainian consular institution
One of the main advantages of applying to a consular institution is that the power of attorney issued there does not require additional certification or translation for use in Ukraine. It acquires legal force immediately after notarization and can be used without additional procedures.
It should be noted that powers of attorney must be entered into the Unified Register of Powers of Attorney. Such registration is carried out by the consul through the relevant information systems of the Ministry of Justice of Ukraine or the Ministry of Foreign Affairs of Ukraine. If such access is not available, the principal or the person to whom the power of attorney is issued must submit a separate application to a notary in Ukraine for entry of the power of attorney into the Unified Register of Powers of Attorney.
At the same time, the consul does not have the right to notarize a power of attorney for actions that, according to the law, can only be performed personally by the principal.
What documents are required to issue a power of attorney abroad
To issue a notarized power of attorney, it is recommended to follow this algorithm:
- Preliminary appointment
You need to make an appointment in advance at the Ukrainian consular institution or with a notary.
- Preparation of the draft power of attorney
It is advisable to have the text of the document ready in electronic format. It should include:
- date and place of drafting;
- full details of the principal and the representative;
- addresses of residence or location of the parties;
- scope of granted powers;
- term of validity of the power of attorney (optional).
If the term of validity is not specified, the power of attorney remains valid until it is terminated in accordance with the law.
When issuing a power of attorney for concluding a gift agreement, it is mandatory to specify the person in whose name the gift will be made. Without such information, the document may be declared invalid.
- Personal visit with necessary documents
When visiting the consulate or notary, you need to have:
- passport of a Ukrainian citizen for traveling abroad or Ukrainian citizen passport;
- taxpayer identification number (if available);
- a copy of the passport of the person to whom the power of attorney is issued;
- additional documents depending on the content of the authorization;
- other documents required for legal stay in the country.
For example, when issuing powers related to real estate, copies of title documents may be required. If the power of attorney concerns inheritance matters — documents confirming family ties or the death certificate of the decedent.
- Payment for services
After issuing the document, it is necessary to pay the consular fee or the cost of notarial services. In some countries, interpreter services may also be required.
Delegation of powers
The representative must act within the granted powers personally. The transfer of these powers to another person is allowed only in cases provided by law, by agreement between the parties, or if necessary to protect the interests of the principal.
Legalization of a power of attorney for use in Ukraine
After notarization of the power of attorney by a foreign notary, it is necessary to ensure that the document meets the requirements for international recognition.
The legalization procedure depends on the country where the document was issued. For example, documents issued in Poland or the Czech Republic are usually recognized in Ukraine without additional certification due to international agreements between the states. For most European countries, as well as the United Kingdom, the USA, and Canada, affixing an apostille is sufficient.
An apostille is a special confirmation of the authenticity of the signature of an official, their authority, and, if necessary, the authenticity of the seal. Thanks to this, the document can be used in the territories of other states — parties to the Hague Convention of 1961 without undergoing full consular legalization.
In most cases, the apostille is issued by authorized bodies of the country where the power of attorney was notarized. Therefore, when contacting a notary, it is worth clarifying whether they can independently organize this procedure or provide information on how to complete it.
After the document arrives in Ukraine, it is necessary to translate it into Ukrainian and notarize the correctness of the translation. Only after completing these formalities can the power of attorney be fully used to perform legally significant actions on the territory of Ukraine.
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