Under this Power of Attorney the appointer appoints an attorney for filing required documents with Registrar of Companies for incorporation of his/her company. POWER OF ATTORNEY can be given to blood relatives, non-blood-relatives, friends or any trusted person, who is legally capable to take decision on behalf of the Executor, but should be an Indian Citizen. It is a legal document in which the appointer of the document authorizes someone else to act on his behalf. The rights conferred to the person depend on the specific conditions included in the format of this document, called the Power of Attorney form. This power of attorney is executed to empower the appointee to incorporate a company on behalf of the appointer.
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1 |
What is Power of Attorney? |
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Ans. |
Power of attorney refers to the
authority given to an agent by the principal to execute acts and deeds for
and on his behalf. |
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2 |
Does Power of Attorney need to be
attested, registered etc.? |
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Ans. |
Power of Attorney is subject to
stamp duty and needs to be attested. Power of Attorney that creates
interest in immovable property needs to be registered. Registration of a
General Power of Attorney is optional. However, it is always advisable to register
a General Power of Attorney while registering an immovable property in order
to give better title to the property. Special Power of Attorney, under which
the Principal authorizes the Agent to register a document executed by the
Principal, has to be compulsorily registered. In other cases, the Power of
Attorney may be notarized or authenticated by an Indian Consul or Vice Consul
or by a Court, Judge or Magistrate.
Local Powers of Attorney should be registered as notarization or
authentication may be accepted in the market. |
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3 |
What if the executants of a Power
of Attorney are not residing in India? |
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Ans. |
If the executants of a Power of
Attorney are not residing in India, he may execute it in the country where he
resides. He should do it before a notary public, Indian Consul, or a
representative of the Central Government. |
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4 |
Can a Company grant a Power of
Attorney? |
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Ans. |
Yes, if authorized by its
Memorandum and Articles of Association. |
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5 |
Can a Partnership Firm grant a
Power of Attorney? |
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Ans. |
Yes, subject to the terms contained
in the Partnership Deed. |
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6 |
What is special for Powers of
Attorney executed abroad? |
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Ans. |
Power of Attorney can be executed
in a green sheet or a white sheet and stamped or adjudicated within three
months after receipt in India. It has to be authenticated by an Indian
Consul, Vice Consul or a Notary. Every page has to be signed by the
Principal. |
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7 |
What documents need to be submitted
to create a Power of Attorney? |
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Ans. |
An instrument creating the Power of
Attorney. Affidavit, statutory declaration or other evidence verifying its
execution. Such documents need to be submitted to the court within whose
local limits of jurisdiction the instrument is. |
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8 |
Can a married woman make a Power of
Attorney? |
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Ans. |
Yes. She should be a major. The
instrument she executes must be non-testamentary. |
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STEP
1 |
Fill
in the blank spaces. Delete instructions highlighted in grey. |
Fill in the blank spaces. Delete
instructions highlighted in grey. E.g. Name, address, date etc. |
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STEP
2 |
Alternations: |
Add or delete a clause according to
your needs. Re-check the document. |
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STEP
3 |
Stamp
Paper |
The Stamp Duty value will be made
available to you at your legaljini account on purchase of the document. |
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Stamp
Duty Payment option 1 |
If you wish to print Agreement on
Stamp Paper, you can buy from court/ Stamp office and said Stamp paper will
be used as 1st page of Agreement. If you wish to have 2 copies of Agreement
you should buy 2 Stamp Papers (one Stamp Paper for each copy) |
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Stamp
Duty Payment option 2 |
If you have facility of franking
for Stamp Duty payment at nearest bank, you need to print the Agreement &
get franking done. If you wish to have 2 copies of Agreement you should frank
2 copies (one copy for each party) |
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Ledger
Paper |
The rest of the document must be
printed on SINGLE SIDES OF A SHEET of Ledger Paper |
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Available
at: |
This Legal Size Green Paper is
available at any stationery shop. |
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STEP
4 |
Printing
on Legal Paper: |
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On
Stamp Paper |
Print ONLY on the blank portion of
the stamp paper. |
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On
Ledger Paper |
Print on a SINGLE SIDE of a sheet
of Ledger Paper. |
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STEP
5 |
Number
of Copies Needed: |
1 copy |
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STEP
6 |
Photographs
& Signatures/ Thumb Impression & Initials: |
POA must be initialed or marked by
the Executor at the end of each and every page and also next to
corrections/alterations made if any and should also affix his/her/their mark
and the executor must sign, affix his/her/their mark and recent passport size
photograph. A photograph must be affixed of the appointee too at the last
page. |
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STEP
7 |
Witness
Attestation (Both Parties): |
Power of Attorney must be attested
by at least two witnesses. |
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STEP
8 |
Registration/
Notary |
Registration or Notary is mandatory
for some documents. If you need clarification you may contact our Helpline at
[email protected] |
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Please notarise this document from
the Notary Public at your nearest court. |
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You Need to Know: |
POA must be accepted by the
Agent/Attorney Holder and also must sign, affix his/her/their mark and recent
passport size photograph as a token of identification. |
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Please
contact our Helpline if you have any difficulty. |
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