Posted on Wed 15th May 2019 7.53PM Notarial
Much of the work of a notary involved Powers of Attorney. These are very common abroad and almost anything which needs to be done by a foreign lawyer will require you to provide a power of attorney for him or her to act.
There are certain English law rules relating to powers of attorney which need to be followed to make sure that the power will be valid. Foreign countries will have their own requirements, but it is important that any power is fully compliant with English rules too.
English law requires a power of attorney to be a deed. This is a particular form of written agreement which has to be signed in the presence of a witness. The document also has to say it is a deed. If the power is being granted by a limited company then it must be signed by at least one director. This is often overlooked and I often meet people who have the title of "director" but who in fact are not shown as a director at Companies House. Any power of attorney signed by them will be invalid. This can have huge implications and cause massive financial loss. Courts can and do enforce these formalities.