The power of attorney is a legal document that can be used by natural persons or legal entities, through which they can employ a certain person to represent them in various matters.Our team of lawyers in Georgia can conclude any legal aspect on behalf of persons who are not able at a particular moment to handle the respective procedure, due to various reasons (one of the most common being the fact that the person or the representative of a legal entity is not in the country at the moment when the matter has to be concluded).
What is a power of attorney (POA)?
A power of attorney is a legal document through which a party grants the right of legal representation to another party, for a specific legal action or for multiple activities.
Types of entities that can sign a POA
A power of attorney in Georgia can be granted by individuals and legal entities.
Parties involved in signing a POA
- the principal (or donor) - the person granting the POA,
- the legal representative (the agent) - the person receiving the POA.
The main elements of a POA
The power of attorney in Georgia must provide personal information on:
- the donor and the legal representative (names, address, contact details, etc.),
- the matter in which the legal representative will represent the donor,
- the signature and the stamp of the notary public,
- apostille (for POAs issued outside Georgia).
Possibility to draw a POA through Georgian consulates (yes/no)
Law applicable to a POA
Civil Code of Georgia
Minimum conditions to comply with for the person granting the POA
- the donor must present his or her identity documents,
- have full mental capacity,
- an age of minimum 18 years old.
Authentication required (yes/no)
Yes, for POAs issued overseas
A power of attorney in Georgia can be signed in the presence of two witnesses.
Why grant the POA to our lawyers in Georgia
- our lawyers have represented many clients in a wide range of legal matters,
- they have provided their services to individuals and companies alike,
- they have the necessary experience in dealing with Georgian institutions,
- they can put clients in contact with a local notary public and can facilitate any legal matter.
Validity of the POA
The law allows signing a POA with/without a specific validity date.
Cost of POA
POAs signed through the Georgian consulates can have a cost of around GEL 30.
Online notary services
Georgia is one of the few countries that provide online notary services, through which POAs can be authenticated.
Institution in charge with online notary services
Notary Chamber of Georgia
Foreign POAs recognized in Georgia (yes/no)
The main characteristics of powers of attorney in Georgia
The power of attorney is a legal document concluded between a principal or grantor and an agent who will act on hie or her behalf on various occasions or situations. There are several types of powers of attorney that can be issued, and the principal can choose to appoint a close person or a lawyer to represent him or her on a specific or general matter.
In order to be valid, a power of attorney must by signed by both grantor and representative, must comprise the reasons for which it was granted and, where applicable, it must contain the termination date. Also, the power of attorney must be certified by a notary.
Our lawyers in Georgia can represent local and foreign citizens in various matters that require a power of attorney. For example, we can handle the procedure of buying a property in Georgia on behalf of those who do not want or don’t have the time to travel for the first stages of the transactions.
If you want to buy a property in Georgia, you must know that a 1 bedroom apartment in Tbilisi is available for sale at a price of EUR 58,000 (for a surface of 55 square meters).
More spacious apartments, with a surface of minimum 100 square meters, are available for sale at prices of at least EUR 100,000. The price can, of course, increase, based on the qualify of the property and its location.
We have also created an infographic on how to obtain a power of attorney in Georgia:
Types of power of attorney in Georgia
The following types of power of attorney can be issued in Georgia:
the general power of attorney which can be used for various purposes and is the most common in Georgia;
the durable power of attorney which is issued for various reasons, however, the representative will be able to act on behalf of the grantor when the latter become incapacitated;
the limited power of attorney which is issued for punctual situations, such as representation when selling or buying a house;
the lasting power of attorney which becomes effective after the grantor has become incapacitated or passed away.
The power of attorney in Georgia can be concluded for a specific legal matter and in this case it is necessary to sign a special power of attorney. However, any party can grant the right of legal representation for a wide category of legal procedures through the general power of attorney, which will testify that a specific entity is entitled to conclude numerous procedures on behalf of another person.
This can be the case of those who want to open a company in Georgia, and who can be represented byour team of Georgian lawyersin all the procedures concerning the registration of the business form and with the local tax authorities or obtaining special permits and licenses that can be requested for a wide category of business activities.
How to grant a Georgian power of attorney
There are various cases in which the power of attorney can be a real help to those who need to attend to legal matters. Among these, legal representation can be assured by a lawyer in civil law cases, such as divorce and other types of disputes which need to be completed in court.
The power of attorney can also be issued when starting or closing a business in Georgia, as well as in various commercial matters, such as contract drafting and signing, or even for obtaining a business permit or license.
Our law firm in Georgia can act on behalf of clients and represent them in the cases they need assistance.
Conditions for the issuance of a power of attorney in Georgia
According to the Civil Law in Georgia, there are several conditions imposed upon the issuance of a power of attorney. The main requirements imposed to both the principal and the agent is for them to be at least 18 years old. Then, the grantor must have a full mental capacity in order for the document to be valid. The power of attorney can be drawn up only based on the identification papers presented by both parties (if one of them is a foreign citizen, the passport can be used). The power of attorney must be drafted in front of a notary in Georgia who will then authenticate it. Also, at least two witnesses must be present in order to attest to the creation of the document.
Once all these conditions are met, the power of attorney will be registered with the Electronic Register of the Notary Chamber in Georgia.
Below, you can watch a short video on the power of attorney in Georgia:
Special powers of attorney in Georgia
As mentioned above, there are several types of powers of attorney that can be issued in Georgia, and among these, special ones can be prepared for specific situations, such as medical and healthcare representation. Durable powers of attorney can also be issued upon drafting a will – in this case the grantor can make dispositions on how his or her last wish must be carried to completion.
One of the main differences between a usual power of attorney and a special one is that the latter can cover extraordinary situations and can also expand beyond the incapacity of the donor. There is also the immediate power of attorney which will become effective right after being signed.
If you need more information on the use or requirements related to issuing a power of attorney, you can ask our Georgian lawyers. You can also rely on us for representation in various matters, including advice on employment matters.
Online notary services in Georgia
As mentioned by the National Chamber in Georgia, any person can obtain the power of attorney by accessing online notary services. Georgia is the single jurisdiction at a worldwide level where notary services can be performed through online services. This type of services can also be requested by persons who have received a temporary residence permit on the Georgian territory. The online notary services can be concluded by only two parties: the party requesting a specific notary document and another person, who has the status of witness.
Why come to Georgia
From an economic point of view, Georgia has evolved rapidly in the past few years and, according to a recent survey issued by the World Bank:
between 2018 and 2019, the country’s Gross Domestic Product increased at an annual average rate of 4.8%;
Georgia’s Gross Domestic Product for 2019 was 15,7 billion USD;
the country also has a population of 3,7 million citizens;
it ranks 7th in terms of ease of doing business in the 2020 Doing Business report.
As prescribed by the Georgian legislation, natural persons can conclude via internet a wide set of legal documents, such as: any type of consent, any type of declaration and the power of attorney. Businessmen are invited to contact our law firm in Georgia for in-depth assistance on the main requirements for signing the power of attorney in this country.
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Valeri Bendianishvili is a lawyer and managing partner of Business Setup Georgia LLC. He obtained certificates in various branches of law, such as civil and administration law or insurance law; he has also obtained a certificate in international accounting standards and taxation. Valeri is also a member of the Georgian Bar Association. Foreign businessmen can easily address to our lawyer, who is fluent in Russian and English and thus, he can easily represent investors who speak these languages. Contact us for details