Power of attorney

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Sachin Choudhary (Querist)
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14 February 2012 Hi, I own a LLP firm and my partner is ready to provide me a Power of Attorney to act for all the legal and financial issues on her behalf. However, she is in Australia and we both want the power of attorney to be effective as soon as possible.
1. Is it possible to obtain the power of attorney if she signs the document and send it to me for notary (she would not be physically present in India)?
2. Can she sign and notary the power of attorney in Australia and send it to me? Is this document valid in India?
3. Any other way she can sign the power of attorney without being present in India as she is gone for atleast 6 months?
You response is highly appreciated.
Thanks,
Sachin

Sachin Choudhary

Sachin Choudhary (Querist)
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14 February 2012 Also,
1. What kind of power of attorney needs to be prepared so to make me able to sign all the legal documents on her behalf? Limited, General and Durable power of attorney?
2. My firm is registered in Ahmedabad, so the notary is done at Ahmedabad or can it be done at New Delhi if my partner arrives for Power of attorney?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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10 August 2024 ### Power of Attorney (PoA) Considerations for Your LLP Firm

Given that your partner is abroad, there are specific steps and considerations for drafting and executing a Power of Attorney (PoA) in this context:

#### 1. **Signing and Notarizing the Power of Attorney**

1. **Signing in Australia:**
- Yes, your partner can sign the Power of Attorney while in Australia. The document can then be notarized in Australia.

2. **Notarization in Australia:**
- The Power of Attorney signed and notarized in Australia can be valid in India, but it requires additional steps to ensure recognition. The notarized document should be **apostilled** in Australia by the Australian Department of Foreign Affairs and Trade (DFAT). The apostille confirms the authenticity of the notarization and is necessary for international use.

3. **Alternative Methods:**
- **Notarization in India:** If your partner is visiting India, she can sign and notarize the PoA in India. If she is not returning soon, this is not an option.
- **Consular Notarization:** Your partner can get the PoA notarized by the Indian Embassy or Consulate in Australia. The Indian Consulate can provide a notarial service that will be recognized in India.

#### 2. **Types of Power of Attorney**

1. **General Power of Attorney (GPoA):**
- **Definition:** Allows the agent to handle a wide range of actions on behalf of the principal.
- **Use Case:** Suitable if you need authority to manage various legal and financial matters.

2. **Limited Power of Attorney (LPoA):**
- **Definition:** Provides authority for specific tasks or transactions.
- **Use Case:** If your partner only wants to grant authority for specific legal or financial matters, such as signing specific documents.

3. **Durable Power of Attorney:**
- **Definition:** Remains effective even if the principal becomes incapacitated.
- **Use Case:** Generally used for health care or financial management in cases of incapacity, not typically needed for standard business operations.

For your situation, a **General Power of Attorney** is typically most suitable if you need to handle various aspects of legal and financial matters on behalf of your partner.

#### 3. **Notarization Location**

- **Ahmedabad vs. New Delhi:**
- The Power of Attorney can be notarized anywhere in India where your partner can physically sign the document. The notarization location does not need to be in the same city where the firm is registered.

If your partner is in New Delhi, it is sufficient for notarization purposes. However, if she is in Ahmedabad, she can also get it notarized there.

#### Summary:

1. **Execution in Australia:** Your partner can sign and get the PoA notarized in Australia. Ensure it is apostilled by the Australian authorities.
2. **Consular Notarization:** An alternative is getting the PoA notarized by the Indian Consulate in Australia.
3. **Type of PoA:** A General Power of Attorney is recommended for comprehensive authority.
4. **Notarization Location:** Notarization can be done anywhere in India if your partner is present.

By following these steps, you can ensure that the Power of Attorney is valid and effective for handling all necessary legal and financial matters on behalf of your partner.

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