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CS PRAVIN (Manager)     02 November 2012

Difference betwn poa and authority letter

Dear All,

 

Please clarify the difference between a Power of Atterney and a Authority Letter.

Whether a holder of Authority Letter can be considered as a duly constituted Atterney?

 

Thanks & regards,

Pravin Satardekar

 



Learning

 3 Replies

Adv k . mahesh (advocate)     02 November 2012

 

  •   poa is a notarized document

  • It could be of two types – General and Special A General Power of attorney authorizes a person to conduct some tasks on your behalf like representation before IT Dept.

  • It will be considered special if the appointment is for specified acts.

  • It could irrevocable or revocable.

  • Registering a POA is not necessarily if it is for mundane work like operating bank account.

  • It is mandatory to it registered if you are dealing with immovable property.

  • It is more like principal and agent.

  • Is accompanied by ratification clause, means donor responsible for the acts of the holder.

  • It should be for specific duration.

  • If POA is revocable, the document should mention the circumstances under which it can be revoked.

     

     

    • authority letter is a document meant for a specific purpose, where one person authorizes another to perform a particular act or routine work e.g. gets a cheque book from Bank.

    • It is used to conduct small tasks.

    • Depicts relationship of a master and servant.

    • the letter should contain the task for particular purpose and then the completion of that the letter validity end

     

CS PRAVIN (Manager)     02 November 2012

I have a situation:

A holder of the authority letter is executing an agreement on behalf of the Company.

Common Seal of the company is put on this agreement.

Articles of the Co stipulates that any one Director or duly constituted atterney may put Common Seal of the Co.

 

In this context, whether this AL holder who is not a director can put the Common Seal of the Co?

bhagwat patil (Property due diligence 9422773303)     29 January 2015

Yes,you can put commen seal on agreement after attaching the copy of resolution for AL.


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