A power of attorney refers to delegating authority to someone, who can be a family member, business partner, or a close one. It proves incredible when you are unable to carry out your responsibility or any legal task by yourself. The third part takes charge on your behalf.
Why Is It Created?
There are many cases wherein it is created to resolve. Concisely, it is assigned for the following purposes:
- Finance-based cases
- Property-related issues
- Commercial or company-related matters
What is Power of Attorney Apostille in India?
The power of attorney apostille in India is the process of attestation of the POA. Since it is related to apostille, the Ministry of External Affairs (MEA) does it. This department is accountable to apostille this document.
However, this process starts with notarization. The state government verifies it in the next step. The checks if the document, including all commercial and business-based, is authentic or valid.
Typically, an apostille is a stamp that the embassy of various countries puts, including India. These countries are members of the Hague Convention. Its stamping can be recognised as a square-shaped sticker pasted on your attorney with the signature of the competent officer.
Once attested, the POA does not require further attestation.
Types of PoA
- General PoA
It is a document that legally allows the agent to take decisions or sign paper or anything on behalf of his principal. Generally, this authority is meant to carry out more than one matter for an unsaid duration, unless it is specified.
- Special PoA
As its name suggests, a special power is delegated to an agent for a particular purpose or matter. Unlike General POA, it gets expired once the matter is closed or the job is done.
Creating an attorney is not enough. You have to make it universally acceptable, which requires:
- Notarisation by notary public
- Attestation & apostille of personal documents like marriage certificate from consulate
Documents Required
- Original passport and photocopies of first and last two pages
- Copy of address proof in abroad, which can be a bank statement, driving license, utility bill, home lease agreement, etc.
- Valid visa photocopy of H1, H4, L1, or any other one
- Original visa approval notice, if any
- 2 passport-size photographs to be affixed against your name on the power of attorney
Steps to Obtain PoA Apostille Service
This process involves multiple steps, which are below for your reference:
Step 1. The power of attorney can be drafted on a plain piece of paper, but not necessarily on the stamp paper available in India. Once drafted, you may:
- Apply to draft it by a notary public. It should have the sign of two witnesses on it in your own jurisdiction. Ensure that it states the addresses of the applicant and witnesses clearly.
- As an NRI, you may procure it from the Indian consulate. And for notarisation, visit the nearest bank or post office. Besides, the municipal corporation also provides a free notary service at the library. If your location does not have it, go for paid notary service, which is accessible at USPS.
Step 2: POA Attestation for Commercial and Company Matters
Once notarised, take this document to the Secretary of State for attestation. The Department of State has an authentication office where it is attested (if you need it as an NRI).
Step 3: POA Attestation for Financial and Property-Centric Matters
This service is available for Indian citizens but not foreigners. For financial and property-based POA apostille in India, hire a consultant or solicitor to get the notarised document attested from the Indian Consulate. Otherwise, you have to get it self-attested in the very presence of the officer at the embassy. Also, the officer will ask you to show your passport. So, keep it handy.
Step 4: This service has a fixed amount, which you need to pay as its fee.
Step 5: As the Indian embassy puts the stamp of apostille, you can send it to India, provided that it is registered in this country. If it’s not, get it registered here first. This is how this process wraps up.
Take into account that a power of attorney is a legal document, which must be meticulously drafted. So, find the person you trust the most for its draft. A poorly written POA can be conflicting and confusing, which can be a matter of dispute between two parties. So, be careful.
Fee Structure at the Consulate
- $20 for each attestation, which is non-refundable
- $10 for attestation of each photograph, which is non-refundable.
- Pay via money order or cashiers’ check, which should be drawn in favour of the ‘Consulate General of India, City of Consulate.’
- Personal checks, credit cards, or other banking transactions are not accepted. But debit cards are accepted with an additional service fee.
For assistance with the apostilling of a POA through Services 2 NRI, feel free to contact us or give us a call.
