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1. Overview
A person or corporation may appoint an Agent to do and sign documents on their behalf in the form of a Power of Attorney. A document executed by an attorney will not be accepted for registration unless the power of attorney under which the attorney acts is lodged and noted in this Office, except where the attorney is signing as transferee on the donor’s behalf. In that case, a registrable power of attorney need only be produced for inspection.
The proper style of execution by an attorney is shown below but in practice any form of attestation will be accepted provided it is clear that the attorney is signing as attorney.
As part of the registration process, the attestation by an attorney is checked to ensure that the attorney has the express power to carry out the intention of the instrument.
Execution under Power of Attorney/Enduring Power of Attorney should comply with the Transfer of Land Act 1893 (TLA) witnessing requirements. It is preferable that each Attorney’s signature is independently witnessed.
1.1 Donor/Donee Name Variation3
Where the name of the Donee or Doror in a Power of Attorney/Enduring Power of Attorney differs either to the name on the title or the Power of Attorney/Enduring Power of Attorney a statutory declaration is required to accompany the land transaction which addresses the difference/error.
Refer to the relevant section of NAM-01 Name Amendment for the statutory declaration and evidence requirements.
3Section added 31/10/2024
2. Examples of Signing/Execution Clauses
A proper execution by an attorney is:
|
Signed by (Name of Attorney) as Attorney for (Name of Donor) in the presence of Witness (Full Name, Address and Occupation) |
) ) (Signature of Attorney) ) P/A number ................ |
or
|
Signed for and on behalf of (Name of Donor) by It’s duly appointed Attorney the presence of Witness (Witness Full Name, Address and Occupation) |
) ) (Signature of Attorney) ) (full name of Attorney) ) P/A number ................ |
Signing by an Attorney by role description
|
Signed by (Name of Attorney) (Role) as Attorney for (Name of Donor) in the presence of Witness (Witness Full Name, Address and Occupation) |
) ) (Signature of Attorney) ) P/A number ................ |
Signing by Joint Attorney1
1Example added 23/08/2022
3. Also see
- SIG-01 Signing of Documents
- POA-01 Power of Attorney
- POA-02 Power of Attorney – types of
- POA-03 Power of Attorney – enduring
2Section updated 20/03/2023