Friday, January 27, 2017

EXECUTION OF POWER OF ATTORNEY FROM ABROAD BY NON-RESIDENT BANGLADESHI

"Power of attorney" means any document on behalf of a person through whom the document referred to any other person authorized by law for the performance of the powers delegated. "Person" means any individual, partnership, association, company, statutory bodies and cooperatives thereof;

When an individual residing outside Bangladesh wishes to execute power of attorney for the performance of the powers delegated someone in Bangladesh, then the executor will have to comply with the Power of Attorney Act, 2012 read with Power of Attorney Rules, 2015.
Pursuant to Power of Attorney Act, 2012, the executor(s) has to follow Schedule “Ka” of Form 3 for executing the power of attorney. Both the person who is executing the power of attorney and the constituted attorney would have to attach their recent passport size photographs with the power of attorney and will have to attest the same by putting signature and thumb impression on it. The same will then have to be executed in the presence of appropriate officer; which in the context of individuals residing outside of Bangladesh is Notary Public and concerned officer of the Bangladesh Consulate. The executed power of attorney will thereafter be sent to Bangladesh. Within two months of reaching Bangladesh, it has to be submitted to the Ministry of Foreign Affairs of Bangladesh Government for its attestation and then duly stamped within three months. In cases where the power of attorney is required to be registered, it shall be submitted to the concerned sub-registry office within four months from the date on which the power of attorney was received in Bangladesh. 
Moreover, if an individual wish to use a registered power of attorney in abroad, then there are specific rules and regulations that have to be complied; without which the power of attorney will not be of any use. As per the said Act, such registered power of attorneys will have to be notarized under the Notaries Ordinance 1961 prevailing in Bangladesh.
The laws relating to Power of Attorney have taken a structured outlook which addresses many issues of concern and effectively avoids complication to arise. For example, the newly promulgated Power of Attorney Rules, 2015 expressly lists out all the scenarios where the power of attorney cannot be provided to individuals. Such limitations include the execution of will, execution of power pertaining to adoption, execution of gifts and trust instruments. 
A feature that is worth mentioning about the new law is how simply a power of attorney can be terminated. It is quite obvious that if both the executor and the constituted attorney agree to terminate, then the document can be terminated. However, in case of general power of attorney, either of the parties can terminate the power of attorney in accordance with the termination provision contained in the power of attorney.  
So, the new laws have been successful in catering to the purposes behind executing power of attorneys. The new addition of rules and regulations might have made the process slightly laborious but the broader perspective behind this, was to protect the intentions of the executor of power of attorney and make the documents independent of any complications or ambiguity. 


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