When you are abroad, and cases in Belarus require your decisions, it is possible to issue a power of attorney to a lawyer or other representative who will represent your interests and free you from a number of problems. It is difficult to properly issue and certify a power of attorney without the services of an experienced lawyer. Our professionals are ready to study your case, prepare a power of attorney and represent your interests.
On what issues can the interests of individuals be represented by a power of attorney in Belarus
The person who issues the power of attorney is called the “principal”. A representative is someone to whom the representative has issued a power of attorney. On behalf of the representative, the representative receives the right to make transactions and other actions by a power of attorney.
A private person can issue a power of attorney, for example, to perform the following actions:
- Sale of real estate.
- Disposal of a bank account.
- Conclusion of a donation agreement.
- The right to own, use, and dispose of a vehicle.
- To receive a pension, salary.
- To represent interests in court. Such a power of attorney can only be issued to a lawyer, and to represent interests in civil proceedings — to a close relative.
When a power of attorney cannot be issued or there are restrictions
A power of attorney cannot be issued by incapacitated individuals. As a general rule, persons become legally capable from the age of 18. Between the ages of 14 and 18, persons may issue power of attorney without the consent of their legal representatives:
- For transactions related to the disposal of their earnings, scholarships, other income, to receive these funds.
- For transactions related to their copyrights.
- For transactions on the disposal of money in banks.
- Persons between the ages of 14 and 18 may issue power of attorney for other transactions after receiving the written consent of their legal representatives. Legal representatives of minors are parents, adoptive parents or guardians.
How to get a power of attorney for use in Belarus
A number of powers of attorney issued by private individuals require notarization. When transactions that are made by a power of attorney require a notarized form, a notarized power of attorney is needed to complete them. In other cases, there is no prohibition on a notarized power of attorney.
A power of attorney to represent the interests of a private person in tax relations does not require notarization. But it can be certified by a notary or by the organization where the represented person works or studies.
Power of attorney from a notary
The notary can draw up the text of the power of attorney. You can apply to any notary in Belarus to draw up and certify a power of attorney. A notary fee must be paid for the preparation and certification of a power of attorney. There are benefits for the disabled to pay it.
What documents should I take to the notary
You need to take a passport and documents to the notary that relate to rights, transactions that a representative will make by a power of attorney. For example, when a power of attorney is issued to a close relative, the notary will need a document that confirms the close relationship. When transferring a car by a power of attorney, you need its technical passport, etc.
Where, except for a notary office, you can certify a power of attorney
A private person can certify a power of attorney to perform actions that do not need to be notarized, not only by a notary. You can certify a power of attorney at your place of work, study, or at a housing organization at the place of residence of a person.
How to get a power of attorney when a private person is abroad
When Belarusian citizens are abroad, you can issue a power of attorney at the Belarusian consulate.
Foreign citizens who are in Belarus can issue a power of attorney from a Belarusian notary.
Foreign citizens can issue a power of attorney in their country, then legalize it, except for issuing a power of attorney in countries with which Belarus has international agreements. 124 countries mutually refused the requirement of consular legalization: the CIS states, the USA, the EU member states (not all), Saudi Arabia, Japan, etc.
How to give legal force to a power of attorney issued by a foreign notary
A power of attorney issued by a foreign notary must be legalized or apostilled, unless otherwise provided by an international agreement. A power of attorney issued by a notary in the countries participating in the Hague Convention is certified by an apostille of a public authority in the State of issue of the power of attorney. The power of attorney issued by a foreign notary will need to be translated into Russian or Belarusian and notarized.
Features of the power of attorney under the Belarusian legislation
The validity period of the power of attorney
The validity period of the power of attorney is no more than three years. When the power of attorney does not have a validity period, it is valid for one year from the date of its issuance. The power of attorney must contain the date of its execution, otherwise the power of attorney is invalid.
What rights of the representative should be prescribed in the power of attorney
The power of attorney must specify all the actions that the representative can perform on behalf of the represented person.
How we can be useful in representing the interests of individuals by power of attorney in Belarus
Our lawyers and attorneys are experienced specialists in the field of representing the interests of individuals in Belarus and speak English. We can:
- Advise you on the representation of your interests by a power of attorney;
- Advise you on the issue of the powers of the representative to whom the power of attorney is issued;
- Draw up a power of attorney and visit a notary with you for certification;
- Represent your interests by a power attorney and inform you about the results.
Contact us
If you have any questions about representing the interests of individuals by a power of attorney in Belarus – we will be happy to help you! Our many years of experience in representing the interests of individuals will help you in resolving any situations.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
