How to draw up a power of attorney abroad: what is required for Ukraine

The Public has prepared an explanation.

A power of attorney is a written document by which one person authorises another to represent their interests before third parties. It may grant the right to enter into legal transactions, sign contracts and declarations, dispose of property or conduct other affairs on behalf of the principal.

In many cases, a simple written form is not sufficient. When it comes to transactions involving property, vehicles, corporate rights and other important legal acts, a notarised power of attorney is usually required.

A person residing abroad can arrange this in two ways. The first is to contact the Ukrainian consulate. The second is to have the document certified by a notary in the country of residence.

What must be included in a power of attorney

To ensure the document can be used without issues in Ukraine, it must specify the place and date of execution, the full details of the principal and the representative, as well as the place of residence or registered office if the principal is a legal entity. Where necessary, the person’s position should also be stated.

If the power of attorney is drawn up for a lawyer, it must specifically state their status and membership of the bar association, if the lawyer is a member.

The term of validity of the power of attorney is determined by the principal. If this is not specified, the document remains valid until it is terminated. At the same time, there is a specific requirement for a power of attorney to conclude a gift agreement: it must specify the name of the donee; otherwise, such a power of attorney is void.

What documents need to be prepared

Before contacting the consulate or a notary, it is advisable to have a draft power of attorney in electronic form. This helps to formulate the powers more precisely and reduces the risk of errors.

To draw up a power of attorney, you will usually need a Ukrainian passport for travel abroad or an internal passport, a taxpayer registration number, a copy of the representative’s passport, as well as other documents depending on the content of the power of attorney.

If the power of attorney relates to property, copies of title deeds may be required. If it concerns an inheritance, a copy of the death certificate and documents confirming family ties may be required.

You will also need to pay a consular fee or notary fee. If the document is certified by a local notary, an interpreter may also be required.

When an apostille or legalisation is required

Once the power of attorney has been drawn up, it is important to check whether it requires additional authentication. This depends entirely on the country where the document was certified.

In some countries, legalisation is not required at all. For example, documents issued in Poland or the Czech Republic are recognised without further formalities, as there are international treaties on the mutual recognition of documents between these countries and Ukraine.

For most European countries, as well as the UK, the US and Canada, an apostille is sufficient. This is a special stamp that confirms the authenticity of the signature, the status of the person who signed the document, and, if necessary, the authenticity of the seal or stamp.

Usually, an apostille is issued through the Ministry of Justice of the country where the power of attorney was certified. That is why, when consulting a notary, it is worth clarifying whether they can arrange the apostille themselves, or how exactly this procedure works.

What to do next in Ukraine

Once the document has been brought into Ukraine, the power of attorney and the apostille, if applicable, must be translated into Ukrainian. The translation must be notarised. Only then can the document be fully used in Ukraine.

In fact, the main rule here is simple: a power of attorney drawn up abroad must not only be correctly signed and certified, but also brought into a form recognised by Ukrainian authorities, notaries and institutions. It is at this stage that mistakes most often occur.

As a reminder, Ukrainians living abroad can draw up a power of attorney for use in Ukraine in two ways — at a consular office or with a notary in their country of residence. The Ministry of Justice has explained how to do this and what documents are required.