Blog / What is Power of Attorney?

What is Power of Attorney (POA)?

Emil Khudiyev (Lawyer)
20.10.2022
13:54
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Power of Attorney – is an authority given by one person to another for the purpose of representation before third persons (Article 362 of Civil Code of Azerbaijan). Parties are the Principal (a person who entrusts certain powers) and Trustee (a person who is entrusted with powers).
A power of attorney can be issued by an individual and a legal entity, respectively to an individual or legal entity and only in writing form. Oral power of attorney has no legal significance!

Types of power of attorney

Even though Azerbaijan legislation do not specify special types of power of attorney, basing on practice the following types can be distinguished:
– One time power of attorney— to perform a certain specific action (for example, get salary or social payment in the name of third party).
– Special power of attorney— to perform any homogeneous actions (for example, driving a vehicle or representing in court on specific case).
– General power of attorney — to perform any actions before any third party (the scope of powers in this power of attorney is usually very wide or not limited at all).
– Delegated power of attorney. Delegation is a transfer of powers to another person. Period of validity of delegated power of attorney may not exceed a period of validity of main power of attorney.

Duration of power of attorney

A power of attorney can be issued for any period. If validity period is not specified in the power of attorney, then it’s valid within 1 year since the date of its issue.
Good to know: If the date of issue is not indicated in the power of attorney, then it is invalid.
However, an exception to all this is a motor vehicle power of attorney with the right to dispose of a vehicle. According to Article 363.3 of Civil Code of Azerbaijan motor vehicle power of attorney can be issued for no more than 1 year.

Registration of a power of attorney in Azerbaijan

Power of attorney can be issued in a simple notarial form or, in certain cases, by the head of the organization (company, state body & etc).
If the power of attorney is issued by an organization, it must contain:
1. Full name of the company (incl. legal address, TIN);
2. Full name and ID info of the General manager;
3. Signature of the General manager;
4. Stamp of the company;
5. Date of issue of the power of attorney.
You can issue a power of attorney in a notarized form at any notary office throughout all the territory of the Republic of Azerbaijan, including the closest ASAN Service center.
New “Mobile Notary” (in azerbaijani, “Mobil Notariat”) mobile application greatly facilitates the procedure of interaction with notary. This platform allows you to issue power of attorney 24 hours a day online, without leaving your home. You can download it via Google Play and App Store.
State fees for issuance of a power of attorney by a notary can be found here.

What powers cannot be delegated by power of attorney?

Although a general power of attorney gives the Trustee an extensive range of powers, there are a number of restrictions on performing certain actions, for example:
– Trustee is not entitled to use the powers in his own interests (sale of the property of the Principal to himself under the general power of attorney);
– Trustee is not entitled to conclude a transaction, which can only be made personally by the trustee, as well as other transactions specified in the law (marriage contract, will, employment contract & etc.);
– Trustee can’t perform legally significant actions on behalf of the Principal (registration of marriage, adoption).

When power of attorney can be terminated?

The power of attorney may lose its force and be terminated, when:
1. validity period is expired;
2. actions stipulated in a power of attorney are performed;
3. person, who issued the power of attorney terminated it;
4. refusal of person issued with a power of attorney;
5. legal entity in name (or on behalf) of which a power of attorney has been issued is liquidated;
6. death, recognition as lacking action capacity, having restricted action capacity or missing without notice of physical person issuing a (or issued with) power of attorney.
The Principal (person who issued the power of attorney) has the right to terminate the power of attorney and the Trustee (a person to whom the power of attorney has been issued) has the right to refuse.
You can check the eligibility of the power of attorney by scanning the QR code or by visiting www.notariat.az website.

How EMZE can help you?

Going to issue a power of attorney in Azerbaijan, but afraid of possible legal risks? All I need to help you is to understand your needs via first consultationç to help you properly in preparation of power of attorney.
You can find my other services in this field by checking “My Services” section.
Need Lawyer to help you in preparation of power of attorney and other documenation? It’s very simple. Just Call Emil!