What is Power of Attorney?
Power of Attorney refers to delegating authority to someone, who can be a family member, business partner or a near 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.
Let’s say, you live in the USA. Your signature is needed in a sales deed of your property that you have owned here in India. As it’s urgent, but you are unable to come down here on the due date, you can handover your authority to a relative for a time-being via this attorney.
Simply put, the PoA represents a legal arrangement between the principal and the agent, which permits the agent to take care of the matter.
Here, the principal is the one who has delegated the authority to third party (called the agent). On the flip side, the one who is entrusted with authorities is the agent.
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
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 from consulate
What is Power of Attorney Apostille in India?
The Power of Attorney Apostille in India is an attestation service provided by the Ministry of External Affairs (MEA). The state government officials verify the notarized PoA to check if it is authentic or valid. All of the commercial and business related matters require this service.
Apostille is a stamp put by the embassy of the countries that are members of the Hague Convention. India is also its member. Once you get this square-shaped stamp on your attorney paper, there remains no need to get any other attestation.
How can you get it?
In general case, you don’t need to get a stamp paper for drafting. You can write the power of attorney and its all terms & conditions on a plain paper. Then, follow this procedure:
- Apply as per your jurisdiction for which you have a valid proof of address
- Get it signed by two witnesses. Make sure that the address of witnesses and applicant is clearly mentioned.
- Get it notarized from the notary public.
- Or, contact NRI services consultant, as Services 2 NRI, for notarising it from India.
- If your matter relates to any commercial matter or a company, raise a request for apostilling with the Secretary of State, wherein Authentication Office puts the seal.
- If your matter is concerned with the property & finance, contact the consultant to collect your document and get it signed from the Indian consulate. Here, you should enclose your passport also.
- If your document is concerned with nationality, it won’t be apostilled. It would be attested, as it is a proof indicating you being originated from India.
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’ cheque, which should be drawn in favor of the ‘Consulate General of India, City of Consulate’
- Personal cheque, credit cards or other banking transactions are not accepted. But, debit cards are accepted with an additional service fee
Documents Required
- Original passport and photocopiesof first & 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 visaapproval notice, if any
- 2 passport size photographsto be affixed against your name on the power of attorney
Registration in India
Once all things are done, send it to India. Here, you should keep into account that the PoA should be registered in India.
Once all legalities are followed correctly, it would be ready to be used.
For any kind of assistance in apostilling of PoA from Services 2 NRI, contact or call.
