General Power of Attorney - Template, Sample Form Pro · IN-law

GENERAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME,

This General Power of Attorney is executed at ________ on this ________, in accordance with the provisions of the Powers-of-Attorney Act, 1882, the Indian Contract Act, 1872, and the Registration Act, 1908 (where applicable).

I, ________, son/daughter/wife of ________, aged ________ years, holder of identification ________, residing at ________ (hereinafter referred to as the "Principal", which expression shall, unless repugnant to the context or meaning thereof, include my heirs, executors, administrators, legal representatives and assigns), SEND GREETINGS.

[Where this instrument is executed by a guardian on behalf of the Principal: I, ________, aged ________ years, holder of identification ________, residing at ________, acting as the duly appointed natural/legal guardian of the Principal, ________, aged ________ years, holder of identification ________, residing at ________, execute this deed on behalf of the said Principal pursuant to such lawful guardianship.]

WHEREAS I am presently residing/travelling abroad at ________ and am unable to personally attend to my day-to-day affairs in India, and it has therefore become expedient and necessary that I appoint an attorney and confer upon him/her the powers hereinafter set out.

AND WHEREAS this Power of Attorney shall come into effect on ________ and shall continue in force until ________, unless sooner revoked by me in writing in the manner provided herein.

NOW KNOW YE ALL AND THESE PRESENTS WITNESS that I do hereby nominate, constitute and appoint ________, son/daughter/wife of ________, holder of identification ________, residing at ________ (hereinafter referred to as the "Attorney", who has subscribed his/her signature hereunder in token of identification), to be my true and lawful attorney, in my name and on my behalf, to do, execute and perform any one or all of the following acts, deeds and things, namely:

§ 1. Business and Commercial Affairs

1. To transact and carry on any business, including to commence, manage, assign or close down any of my businesses, and to do all requisite, necessary or connected activities therewith, including correspondence with any person or authority.
2. To buy, receive, store, pledge, hypothecate, give on hire or otherwise deal with any goods, articles, things or movable property in connection with the business.
3. To open, establish, conduct, manage, appoint staff for, allocate resources to, shift and/or close any branch of any business at any place.
4. To enter into, sign, execute, vary, alter, terminate, suspend and repudiate any contracts in connection with the business operations, in conformity with the Indian Contract Act, 1872.
5. To act on my behalf as a partner in any firm or firms in which I am at present or may hereafter become a partner, and to commence, carry on, conduct, manage, close, dissolve or retire from any such partnership, and for the said purpose to do all acts as partner, including banking operations, execution of partnership deeds, conduct of day-to-day affairs, managing staff and resources, retirement and dissolution, in accordance with the Indian Partnership Act, 1932 and/or the Limited Liability Partnership Act, 2008, as applicable.

§ 2. Corporate and Securities Matters

6. To promote, form or join in promoting or forming, and to do all things necessary for incorporating, a company with limited or unlimited liability under the Companies Act, 2013, and to settle and sign the memorandum and articles of association, application forms and all other documents required for incorporation and commencement of business of such company.
7. To sign and file with the Registrar of Companies or any other appropriate authority any contract in writing to take or pay for any share or shares in any such company in my name.
8. To sign and file with the Registrar of Companies or any other appropriate authority, in my name, consent in writing to act as a director of any company, subject to the Companies Act, 2013.
9. To do such acts and deeds and to execute such papers and documents as may be necessary in any capacity as shareholder, debtor, creditor or otherwise in relation to any company.
10. To acquire, sell, transfer, assign or join in acquiring, selling, transferring or assigning all or any stocks, shares, annuities, debentures, bonds, government securities and other securities or investments now or hereafter standing in my name, and for that purpose to execute contracts, transfer deeds and other writings and do all other acts as may be necessary for effectually transferring or assigning the same.
11. To apply for and accept allotments of shares in my name in any company, corporation, body corporate or statutory body, and to complete the necessary paperwork and documentation.
12. To operate, open, withdraw from and deal with funds in the Public Provident Fund Account or any other provident fund.
13. To invest in company deposits, shares, debentures, bonds or other corporate or local securities, or securities of any statutory bodies or corporations.
14. To give all notices, commence any legal proceedings or use any lawful means desirable to safeguard or enforce my rights in connection with any investment, with full power to prosecute or discontinue any such proceeding and to compromise or refer to arbitration any matter in dispute in accordance with the Arbitration and Conciliation Act, 1996.

§ 3. Banking and Financial Matters

15. To open, operate, continue or close any account, including any overdraft, loan, savings, current, fixed or other account in my name.
16. To draw, sign, negotiate and/or endorse cheques, payment orders, drafts and other instruments, and to execute, enter into, acknowledge and present all such deeds, instruments, contracts and agreements as may be requisite in relation to any bank.
17. To draw, accept, endorse, discount or otherwise deal with any bills of exchange, bills of lading, promissory notes or other mercantile instruments relating to moneys, goods, properties or otherwise, in accordance with the Negotiable Instruments Act, 1881.
18. To raise loans and/or borrow money from any bank, institution or person against the security of movable or immovable property, and to execute, sign and register mortgages, charges, transfers or other securities on such terms as the Attorney may think fit in my best interest.
19. To make and/or receive any loan or advance from any bank, financial institution or individual to such extent and on such terms as the Attorney may deem expedient.
20. To remit, reduce or settle any claim for any sum of money, loss and/or damage, and to collect, draw, negotiate, cancel, make or receive payment on my behalf.
21. To select, apply for and receive on my behalf any insurance, annuity or pension plan proceeds, benefits or payments to which I am or may become entitled, including life insurance proceeds, prepaid premiums and premiums on deposit, annuity payments, health insurance payments, property or casualty insurance proceeds, pension plan payments and death benefit payments.

§ 4. Representation before Authorities and Taxation

22. To represent me or my businesses before any bank, insurance company, court, registration office, central or state government office or other person for any purpose whatsoever, and to do all acts as may be expedient before such authority.
23. To prepare, sign, execute and/or file, on behalf of me or any entity in which I am interested, returns and documents under the Income-tax Act, 1961, the Central Goods and Services Tax Act, 2017 and applicable State GST legislation, and any other law for the time being in force, and to sign and submit returns, declarations and forms.
24. To appear before any assessing officer, tribunal or authority in connection with any matter, to represent me or my entities, to produce and explain accounts, submit documents or evidence, and to pay taxes and other amounts applicable under the respective laws.
25. To appear before any Registrar, Sub-Registrar, Notary Public, Magistrate or other authority having jurisdiction, and to acknowledge, present and register all deeds, instruments and documents made by me or on behalf of any entity in which I am interested, in accordance with the Registration Act, 1908.
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§ 5. Legal Proceedings

27. To commence, prosecute, enforce, defend, answer and oppose all legal proceedings on my behalf before any court, whether civil, criminal or revenue, including the Court of Small Causes, and before any tribunal, forum or authority.
28. To appoint any advocate, pleader or counsel as may be necessary for prosecuting or defending any suit or proceeding relating to my properties, business and other entities in which I am interested, and to sign vakalatnamas and warrants of attorney in favour of any such advocate, pleader or counsel.
29. To sign, declare and/or affirm any plaint, written statement, petition, consent petition, affidavit, memorandum of appeal or any other document or paper in my name in any proceeding or in any way connected therewith.
30. To deposit, receive and withdraw requisite documents from any court or authority, and to give valid receipts and discharges therefor.

§ 6. Substitute Attorney

In the event of the death of the Attorney, or his/her inability or unwillingness to act as Attorney in relation to all or any of the aforesaid acts, I hereby appoint ________, son/daughter/wife of ________, holder of identification ________, residing at ________, to act as my Attorney in place of the said Attorney upon such death, or during such inability or unwillingness, as if the name of the said substitute had been inserted in this deed instead of the name of the original Attorney.

§ 7. General and Residuary Powers

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§ 8. Ratification

I do hereby, for myself, my heirs, executors, administrators and legal representatives, ratify and confirm, and agree to ratify and confirm, all and whatsoever my said Attorney or his/her substitute shall lawfully do or cause to be done by virtue of these presents.

§ 9. Revocation and Continuity

This Power of Attorney shall remain valid and in full force and effect until duly revoked by me in writing and notice of such revocation has been communicated to my said Attorney. Until such notice of revocation has been given, all that my said Attorney shall do or purport to do by virtue hereof is fully ratified and confirmed, including whatsoever may be done between the time of my death or revocation and the time when such death or revocation becomes known to my Attorney.

§ 10. Governing Law and Jurisdiction

This Power of Attorney shall be governed by and construed in accordance with the laws of the Republic of India, and the courts at ________ shall have exclusive jurisdiction in respect of any matter arising hereunder.

IN WITNESS WHEREOF I have hereunto set and subscribed my hand and seal to this General Power of Attorney on the day, month and year hereinafter mentioned.

SIGNED AND DELIVERED at ________ on this ________.

________________________

________
(Principal / Guardian on behalf of the Principal)

________________________

________
(Attorney – signature in token of identification and acceptance)

WITNESS-1

Name: ________

Address: ________

Govt. ID name and number: ________

Signature: ________________________

WITNESS-2

Name: ________

Address: ________

Govt. ID name and number: ________

Signature: ________________________

NOTARIAL ATTESTATION

The undersigned, being a duly appointed Notary Public under the Notaries Act, 1952, with office located at ________, hereby certifies that on this date the above-named ________ appeared before me, was properly identified to my satisfaction, and did sign the foregoing instrument in my presence.

IN TESTIMONY WHEREOF I subscribe my name and affix my notarial seal on this ________ day of ________, 20________.

________________________

Notary Public

Name: ________

Registration No.: ________

Address: ________