1987 Ed.]
Powers of Attorney
[CAP. 31
1
CHAPTER 31
POWERS OF ATTORNEY
To make new provision in relation to powers of attorney and for matters connected therewith.
Originally 51 of 1972.
34 of 1987.
[1 October 1972.]
L.N. 176/72.
1. This Ordinance may be cited as the Powers of Attorney Ordinance.
2. (1) An instrument creating a power of attorney shall be signed and sealed by, or by direction and in the presence of, the donor of the power.
(2) Where such an instrument is signed and sealed by a person by direction and in the presence of the donor of the power, two other persons shall be present as witnesses and shall attest the instrument.
(3) This section is without prejudice to any requirement in, or having effect under, any other Ordinance as to the witnessing of instruments creating powers of attorney and does not affect the rules relating to the execution of instruments by corporations.
3. (1) The contents of an instrument creating a power of attorney may be proved by means of a copy which-
(a) is a reproduction of the original made with a photographic or other device for reproducing documents in facsimile; and
(b) contains the following certificate or certificates signed by the donor of the power or by a solicitor, that is to say-
(i) a certificate at the end to the effect that the copy is a true and complete copy of the original; and
(ii) if the original consists of two or more pages, a certificate at the end of each page of the copy to the effect that it is a true and complete copy of the corresponding page of the original.
(2) Where a copy of an instrument creating a power of attorney has been made which complies with subsection (1), the contents of the instrument may also be proved by means of a copy of that copy if the further copy itself complies with that subsection, taking references in it to the original as references to the copy from which the further copy is made.
(3) In favour of a person acting in good faith a signature on a certificate under subsection (1)(b) purporting to be that of a person described as being a solicitor shall, until the contrary is proved, be deemed sufficient for the purposes of this section.
Short title.
Execution of powers of attorney. 1971 c. 27, s. 1.
Proof of instruments creating powers of attorney. 1971 c. 27, s. 3.
L.N. ...