Q&As

Is a power of attorney granted by a company governed by the Powers of Attorney Act 1971 (PAA 1971)? Is a company considered a person for the purposes of PAA 1971?

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Published on LexisPSL on 05/03/2021

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

  • Is a power of attorney granted by a company governed by the Powers of Attorney Act 1971 (PAA 1971)? Is a company considered a person for the purposes of PAA 1971?

Is a power of attorney granted by a company governed by the Powers of Attorney Act 1971 (PAA 1971)? Is a company considered a person for the purposes of PAA 1971?

General powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971). A general power of attorney governed by PAA 1971 is the most commonly used appointment for commercial transactions.

Provided a person has capacity, they can delegate powers to act on their behalf to another person under a power of attorney. Powers of attorney must be executed by deed.

As a corporation is not a natural person, it must act through either a resolution of its members, by its directors or other agents.

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