Q&As

Can a power of attorney contained within a contract be transferred when novating that contract?

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Published on LexisPSL on 09/01/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can a power of attorney contained within a contract be transferred when novating that contract?
  • Novation
  • Power of attorney

This Q&A refers to a business to business contract containing a general power of attorney granted under the Powers of Attorney Act 1971 (PAA 1971), and not lasting or enduring powers of attorney. In answering this Q&A we have focused on the requirements for execution of the contract documentation in which the power of attorney is granted.

Novation

Novation occurs when A and B are party to an agreement and B 'transfers' its obligations and rights under the agreement to C, such that C can be said to 'step into the shoes' of party B, with a resulting contractual relationship between A and C.

Novation s

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