What is apostille power of attorney | POA Apostille
- UPDATED A MONTH AGO
Power of attorney apostille is a legalization measure which will make your power of attorney legally valid in a Hague country. Apostille power of attorney is crucial for dealing with legal matters internationally. Whether you want to deal with real estate transactions, business transactions, or personal property matters, getting an apostille on your power of attorney is mandatory for international recognition. In this article, we will explain in detail about power of attorney and the process of obtaining an apostille for your power of attorney.
What is power of attorney ?
Power of Attorney is a legal document which gives the authority to a person to make legal decisions on properties (such as Flats, Land or any Proprietor group or organization) in the absence of the person who actually own them.
In today’s globalized world where businesses work across countries, legalizing power of attorney with an apostille is a most commonly required service.
What is an apostille for power of attorney ?
Apostille is a certification issued by the ministry of external affairs in India as per the conditions of the Hague apostille convention. Obtaining an apostille stamp from MEA on your power of attorney makes it a legally valid document in a Hague apostille country.
4 Simple steps to get MEA Apostille on your Documents
- Register on Apostille Portal
- Collect all Documents you want to Apostille
- Submit the Original / Photocopies of documents
- Receive Documents with Apostille Directly to your home
Four types of power of attorney
There are four types of power of attorney which may generally require an apostille. Before delving into each type of power of attorney, let us understand the term used for two parties involved in a power of attorney; a principal and an agent. Principal is the person who grants authority to another individual to act on their behalf. On the other hand an agent is the individual who has the authority to carry out personal, financial and financial decisions as granted by the principal on the basis of POA.
1. GENERAL POWER OF ATTORNEY
It is a type of POA where the principal grants huge powers to the agent to handle the legal and financial matters. In this type, there is a chance of misusing the power by the legal advisor.
2. LIMITED POWER OF ATTORNEY
It is a type of POA usually considered by the principal because it sanctions limited power to the legal advisor or legal firm for handling legal issues on behalf of the principal. In this type, there is no chance of misusing the power by the legal advisor. It is also known as the special power of attorney.
3. DURABLE POWER OF ATTORNEY
It is a type of POA which gives power to the legal advisor or legal firm for handling legal issues on behalf of the principal when he is mentally not well and not able to take any decision. For example, if a person suffering from Schizophrenia and he wants his father to make a decision on his behalf in the later stage, then he can name his father to be his Durable Power of Attorney.
4. HEALTH CARE OR MEDICAL POWER OF ATTORNEY
It is a type of POA which gives power to the legal advisor to make decisions on the matter related to the principal’s medical treatment.
Why to get Apostille on the POA?
When you are running a business in many foreign countries, it is very hard for you to deal with legal issues all by yourself. So, using power of attorney can save your time and travelling expenses. If you give power of attorney to a legal advisor or to the legal firm, the foreign country will ask you to get the apostille on the POA. If the foreign country is not in the Hague nation list then in addition to the apostille on POA, you should get EMBASSY ATTESTATION as well.
There are cases where a company gets in trouble with the foreign government because there is no apostille on the POA.
Listed are the Advantages of the Power of attorney with Appostille.
POA has become very important for all foreign business recently. Be it Spain in Europe or UAE in Gulf, to Gabon in Africa. The POA requires the Apostille for the following purposes.
1) The POA which is Apostilled will be needed for MEMORANDUM OF UNDERSTANDING(MOU’s).
2) POA with the Apostille is required for the licensing of the company in the foreign country.
3) If a person is selling or buying property which is in foreign country (country is in the Hague list) and if he is not able to be present there then he needs to give the POA for the for legal advisor. Once he gives his authority to someone, he needs to prepare the POA and then Apostille it. If the country is not in the Hague Nation List then apostilled POA should be legalized by the EMBASSY CONSULATE.
Procedure to get power of attorney
POA (Power of attorney) needs to be signed by the applicant in front of Consular officer and needs to be witnessed by 2 individuals with their name and address and valid passport. (passport details in full)
The witness needs to sign in front of the consular officer and witnesses should not be a part of the POA. The persons who are witnessing should produce all the original documents which are mentioned above and should handover the self attested copies of them.
If the Applicant has any cases pending in courts of the country, for the POA he needs to provide a copy of Court cases for review to the Consular officer.
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Procedure to get Apostille on Power of Attorney
Following are the step by step process to get an MEA apostille on power of attorney:
- Notarization: This is the first step in apostille process for power of attorney. You can submit your power of attorney to a public notary. The notary will verify and attest POA with seal and signature.
- SDM Attestation: In this step, your apostille service provider will submit your POA to the sub divisional magistrate. The SDM will verify and attest the document.
- MEA Apostille: This is the final step to obtain an apostille for your power of attorney from MEA India. The ministry of external affairs will conduct a final verification and attest your POA with an apostille stamp.
How do we help you with Power of attorney Apostille?
- We check the correctness of document after collecting your POA along with the passport copy and send it to MEA.
- We specify the time of receiving the document and will deliver it on time.
- By giving the document to us, you will avoid long queues to get MEA Apostille and get the documents delivered quickly. How quickly we deliver to you depends on the package you choose on our website.
- We give tracking numbers to the document, so that you can track your Document online at any point of time.
Time saving and effective service has been our motto.
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Following are the details a Power of Attorney Apostille contains:
- 1. Name of country from which the document was issued.
- 2. Name of the Person to whom document is issued.
- 3. Name of person signing the document.
- 4. Designation of the singed person.
- 5. Place of certification date of certification.
- 6. Number of certificate.
- 7. Seal or stamp of authority issuing certificate.
- 8. Signature of authority issuing certificate.
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