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Business & Corporate

Power of Attorney for a Non-Resident in Georgia: Preparation

How to draw up a power of attorney for action in Georgia without being in the country - notary, apostille, scope of authority and revocation.
4 min·Legal.ge news
Power of Attorney for a Non-Resident in Georgia: Preparation

If you need to buy or sell real estate, establish or liquidate a company, or represent yourself in a bank or government agency in Georgia, but you cannot come in person, a power of attorney for a non-resident is the solution. The document allows you to have a proxy act on your behalf, and its acceptance directly depends on its correct execution by a notary, bank, and the House of Justice.

What is a power of attorney and why do you need one?

A power of attorney is a written authorization by which you (the principal) instruct another person (the representative) to perform specific actions on your behalf. For a non-resident, this is a real way to conduct business remotely: real estate transactions, corporate matters, banking and registration procedures.

Two ways to decorate

1. With a Georgian notary

If you are in Georgia (even for a short visit) or you can apply to a Georgian consulate abroad, the power of attorney is verified by a Georgian notary or consul. Such a document is ready for use within the country and does not require an apostille.

2. Abroad with an apostille

If you draw up a power of attorney with a local notary in your country, it usually needs to be legalized for use in Georgia. Georgia is a party to the Hague Convention on Apostille (entered into force on May 14, 2007), so for member states, an apostille is sufficient, not consular legalization. The document is then translated into Georgian, and the translation is notarized.

Scope of authority: general and special

A power of attorney can be special (for a specific action — e.g., the sale of an apartment) or general (broad authority). For a non-resident, it is usually safer to have a special power of attorney with clearly described powers — this reduces the risk of abuse. Certain actions, such as the disposal of real estate, require that the relevant authority be explicitly stated in the text.

What documents are required?

  • Valid passport of the attorney;
  • Representative's details (name, passport, personal identification number);
  • Accurate description of authority and facility (property address, company details);
  • When issued abroad - an apostille and a notarized Georgian translation.

Validity and cancellation

If no term is specified, the power of attorney is usually valid until revoked or until the purpose is achieved. The principal has the right to revoke the power of attorney at any time; in order for the revocation to be effective against third parties, it is important to notify both the representative and those who rely on the document (bank, registry). The power of attorney also terminates upon the death of the principal.

Frequently Asked Questions

Is it necessary to come to Georgia?

No. A power of attorney can be issued abroad with an apostille and translation or through a Georgian consulate — personal appearance is not required.

Will a power of attorney issued in another country be useful for real estate transactions?

Yes, if it is properly legalized (apostille), translated into Georgian, notarized, and contains direct authority to dispose of specific real estate.

Conclusion

A power of attorney saves a non-resident time and travel, but the cost of a mistake in wording is high. Clearly describe the authority, consciously choose between a general and a special form, and check in advance the requirements for apostille and translation. A properly drafted power of attorney maintains control over the transaction even at a distance.

The material is of a general nature and does not constitute legal advice. Specific power of attorney requirements depend on the country of issuance and the nature of the transaction — please check with a lawyer and notary. — Legal.GE NewsMaker

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