Law news E-power of attorney - why and how will it work?

E-power of attorney - why and how will it work?

The power of attorney will be sent by messenger. It sounds like a joke, doesn’t it?

There will be electronic proxy in Ukraine.
But, at first, the e-trust will only be performed as an addition to the paper version on the appropriate form. In the near future, the electronic power of attorney should completely replace the paper version. This means that, in addition to the paper form, the client can obtain an electronic version (in the form of a PDF file with the notary’s electronic signature).

Such powers of attorney may be sent:

  • to e-mail;
  • to the messenger;
  • and even give it away on a flash drive.

Such powers of attorney may be issued for:

  1. car,
  2. real estate,
  3. business,
  4. Lawyers for representation before the courts
  5. etc.

The particular convenience of implementing such a system would be for those who urgently need to transfer the power of attorney to another city or country at little cost. Besides its convenience, it also protects companies from raiding attacks (often due to forged powers of attorney)

It should be noted that the power of attorney is already actively used in such countries as: Belarus, the Russian Federation, Kazakhstan, and some states of the United States. But to varying degrees, there are limitations to its use.

What is the procedure for notarial certification?
The notary shall, on the basis of the attestation, issue to the applicant a power of attorney on a notary’s letterhead with the appropriate signature and seal; At any time after the attestation of the power of attorney, the trustee may address the notary and revoke the power of attorney by application;
The trustee is obliged to notify the Chargé d'affaires in writing that the power of attorney has been revoked, otherwise the actions of the Chargé d'affaires, even if the power of attorney is revoked, will create rights and obligations for the trustee, said the lawyers;
When acting on behalf of the Trustee, the Chargé d'affaires must provide the Authority with a power of attorney. It can be ascertained whether this power of attorney has not been revoked only by checking it in the power of attorney register, to which only notaries have access.

At the same time, there is a mechanism for the notary to issue an extract from the register, which confirms its validity - noted in a conversation with UC lawyer Riyako&partners Nikolay Maksimov.

In addition, counsel answered questions such as:

  1. E-power of attorney in trials - why and how?
  2. How much is this power of attorney?
  3. Will the value be reduced by abolishing the obligatory paper form of the notary’s power of attorney?
  4. The power of attorney for retirement - what are the features?
  5. Can you fake
  6. How will such a power of attorney be authenticated at the time it is used? 

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