Power of Attorney gives authority to someone to act on behalf of another person. It involves two parties;
- The first party (the principal, who gives a Power of Attorney)
- The second party (the agent, who receives a Power of Attorney)
For example, Power of Attorney is most frequently used in the event of a principal's temporary or permanent illness or disability or when the principal is unable to be present to sign necessary documents. The principal can give full or limited Power of Attorney to the agent.
General conditions of a Power of Attorney?
- The agent (who is receiving Power of Attorney) must be an adult (above 18 years old).
- The two parties of a Power of Attorney must be full mental capacity/health.
- The reason for a Power of Attorney should follow Iraq's law, customs, and public morals.
- Power of Attorney must be registered with a notary public.
- 5. In some of the Power of Attorneys, a picture of the principal is required to be attached to them and the legal fees.
Power of Attorney procedures
- Obtain the Power of Attorney form from the photocopying/stationery booths next to the courts.
- The following documents (original and colored copies) must be attached with the form:
- Unified National Card.
- Residence card.
- Ration card “PDS”.
- 6 recently taken personal photos with white background for both parties.
- Go to the Notary Public Office. All details like type of Power of Attorney, purpose, the identities of two parties, and duration will be checked, stamped, and signed there.
- Both the principal and the agent shall obtain a copy of a Power of Attorney, and the Notary Public Department shall keep a copy of it in their records.
- Power of Attorney’s fees:
- 1,000 Iraqi Dinars for the form.
- 8,000 Iraqi Dinars as fees for the private Power of Attorney (limited power).
- 18,000 Iraqi Dinars if the Power of Attorney is general (full power).
- 8,000 – 10,000 Iraqi Dinars for document photocopying and personal photos for each person.
- You might obtain the Power of Attorney on the same day.
Types of Power of Attorneys?
- The general Power of Attorney (unlimited): The principal gives full power to the agent.
- The limited Power of Attorney “private”: The principal gives limited power to the agent.
- Penal Power of Attorney: The penal Power of Attorney is organized between the principal and the agent in front of the judge. It is more suitable and useful for people who have committed violations or misdemeanors.
In what cases does a Power of Attorney end?
- Removal of the agent or cancellation of the Power of Attorney.
- The agent's waiver of the Power of Attorney.
- The death of the principal or agent.
- A change in the status of the principal or agent in a way that disqualifies him/her (such as illness or mental or physical injury/malfunction that hinders him/her from completing the work)
- At the end of the purpose for which the Power of Attorney was organized, for example (in the private Power of Attorney for the sale of a vehicle, upon completion of the process of transferring the ownership of the vehicle from one person to another, the Power of Attorney ends according to law).
Power of Attorney’s cancellation procedures
- The principal shall appear in front of the notary public office with the following documents:
- The unified national card or a colored copy if the original is unavailable.
- A copy of a Power of Attorney is to be canceled.
- Recent personal photos with white background, 2 for the principal and 2 for the agent.
- Pay the legal fees in cash according to an official receipt, which ranges from 10,000 – 25,000 Iraqi Dinars.
- The competent employee or notary completes the remaining legal procedures represented by registering within their records and legal stamps and then issuing a letter of cancellation of a Power of Attorney.
Tips for principals when issuing a general Power of Attorney
Principals should know that there are paragraphs recommended to be deleted/omitted from the general Power of Attorney they are issuing, protecting their rights, including:
- The right to delegate a third party
- Seizure of money
- Paying off
- Selling
The principals must clarify all matters related to the Power of Attorney to the agent, be fully informed, and perform the legal action without any delay.
For example, Mr. (A) has appointed Lawyer (B) a general Power of Attorney to visit the Traffic Department to register the vehicle type ..... Model ..... at the exact/same department in the name of his/her client (the vehicle owner).
If I am residing outside of Iraq, can I delegate to another person?
Yes, Iraqis who reside outside of Iraq can delegate to another person by obtaining an external Power of Attorney.
What are the procedures for an external Power of Attorney (private or General)?
- The person submits an application to the Iraqi consul in the country/city in which he resides, to grant him an external Power of Attorney, where the consul makes sure of the following documents:
- National Unified Card (original and 2 colored copies)
- In some Iraqi consulates or embassies, they might ask for a foreign document containing a personal photo (a driver's license for example).
- 5 recent photos of the principal and 3 recent photos of the agent.
- Note: It is not possible to depend on the Iraqi passport as a document in the Power of Attorney, because government departments in Iraq do not rely on it as the main document.
- The Iraqi Consul reads the Power of Attorney to the person entrusted with it, determines its type, whether it is general or private, and confirms its validity.
- The principal signs the Power of Attorney in front of the Iraqi Consul, then the Consul signs and stamps it with the consular seal.
- The Power of Attorney is registered in the Power of Attorney's registry and 3 copies are issued of the Power of Attorney:
- The first copy is for the principal.
- The second copy is for the agent.
- The third copy is kept by the Iraqi consulate in the Power of Attorney records.
- The principal signs and fingerprints with his left thumb on an undertaking confirming that he/she is aware of all of what is stated in the Power of Attorney clauses.
- Then, the person fills out the life certificate, which is a form given to Iraqis through Iraqi embassies and consulates confirming that the person is still alive. You can find details on how to issue a life certificate by clicking here.
- The official cost for a private Power of Attorney is $10, and for a general Power of Attorney is $30; The cost of the Life and Undertaking Certificate is $20.
- The external Power of Attorney takes from 3 to 7 days to complete its procedures, and a period of up to 15 days to be sent to Iraq by mail.
- Note: The time for sending the Power of Attorney from another country to Iraq varies according to the carrier “transporter”.
Public and private agency forms
- Public Power of Attorney Form
- Private agency Form
Sources:
- The Iraqi Civil Law No. 40 of 1950. Click here
- The official website of the Iraqi Ministry of Foreign Affairs – Legal Power of Attorneys. Click here
- Legal advice and counseling. Click here
- The official website of the General Consulate of the Iraq Republic in Sydney/Australia. Click here
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