General power of attorney: what it gives and what makes it dangerous

People most often come with a question about a general power of attorney when they need to handle someone else's business themselves: sell an apartment on behalf of a relative, receive goods on behalf of an entrepreneur, represent a company's interests in court or at the akimat. The person either already holds a document with broad wording and does not understand what exactly they have signed, or is about to issue one and wants to assess the consequences in advance.

From this article you will learn how a general power of attorney differs from an ordinary one, what scope of powers it grants over real estate, transport, pension and business, in which cases a notarial form is required and what risks arise for the principal. We will also look separately at remote execution, a notary visiting the home and a power of attorney for actions abroad.

What a general power of attorney is and how it differs from an ordinary one

A general power of attorney gives the representative the right to carry out, on behalf of the principal, any transactions and legally significant actions not prohibited by law. Unlike a one-off power of attorney, it is not tied to a single instruction but covers the entire scope of the principal's rights. In everyday usage it is called a full power of attorney, although the Civil Code of the Republic of Kazakhstan does not contain such a term — it refers to a power of attorney with or without an indication of specific actions.

A general power of attorney of an individual is most often issued for managing property, disposing of bank accounts, and representation in courts and state bodies; it may be issued both to a citizen and to a legal entity. For business, a general power of attorney of an individual entrepreneur or issued to an individual entrepreneur is typical, where the entrepreneur delegates the conduct of business to a partner or employee.

• General — covers the entire range of the principal's transactions and actions.
• One-off — issued for one specific instruction.
• Standard-form — drawn up on an approved form of an organisation or state body.
• Simple — lists individual actions without a general authority.
• Full — an everyday name for a general power of attorney; it does not exist in the law.
• Free form — permissible, but requires an exact description of the powers.

What a general power of attorney gives: the scope of powers and typical situations

A general power of attorney under the law of the Republic of Kazakhstan gives the attorney-in-fact a broad range of actions on behalf of the principal: disposal of property, including sale, exchange, lease and removal of encumbrances, receipt and making of payments, signing of contracts and acts, and representation in state bodies, banks and organisations. The scope of powers is determined by the text of the document: if a specific action is not expressly stipulated in it, the attorney-in-fact has no right to carry it out.

For an individual, a power of attorney is most often drawn up for receiving funds in a bank, a pension or other income, for disposing of funds in an account, for receiving a money transfer, and also for signing documents — for example, when registering real estate or transactions with motor vehicles. In everyday situations, a power of attorney for the handover of documents and for the issuance of documents from archives, justice bodies and other organisations is in demand.

• disposal of property: sale, exchange, lease, pledge, removal of encumbrances;
• receipt and deposit of funds, transactions on bank accounts;
• signing contracts, acts, applications and other documents on behalf of the principal;
• representation before state bodies, banks, courts and organisations;
• conducting negotiations and participating in auctions, tenders and procurements;
• obtaining and issuing documents, including from archives and registration authorities.

The specific list of actions is determined by the text of the power of attorney; the absence of a direct instruction deprives the attorney of the right to perform the action.

General power of attorney for real estate: flat, house, land plot

A general power of attorney for real estate is issued when the owner transfers to the representative the full range of powers over the property: from collecting certificates and registering rights in the Legal Cadastre through a Public Service Centre to signing the contract and receiving the money. The scope is determined by the text of the power of attorney, so wording such as "to manage and dispose" gives the representative maximum scope. Such a power of attorney also covers day-to-day matters: paying utility bills, concluding lease agreements, representing interests before state bodies and in courts.

A power of attorney for a flat with the right of sale allows the representative to sign the contract, receive payment and hand over the property to the buyer without the owner's personal participation. A general power of attorney for a land plot works in the same way: the representative can order land survey documents, agree boundaries and register the transaction. A power of attorney to buy a flat gives the right to select the property, pay a deposit and register it in the principal's name.

• State the property precisely: address, area, cadastral number — this limits the representative to one property.
• Limit the list of actions: sale, mortgage, lease or only collection of documents — exactly what is permitted.
• Set a term for the power of attorney rather than issuing it indefinitely.
• Include a prohibition on sub-delegation, otherwise the powers may pass to a third party.
• Record the right to revoke at any time and notify the notary and the registering body of the revocation.
• Check whether a power of attorney for the sale of real estate has been issued without your knowledge: request information from the Legal Cadastre.

Transport, pension and everyday matters: what else a general power of attorney covers

A general power of attorney for a car is not limited to sale: under it, the representative registers the vehicle with the administrative police, passes the technical inspection, obtains the diagnostic card, and deregisters it for export outside the country. A power of attorney with the right of sale additionally allows the representative to sign the sale and purchase agreement and hand the keys to the buyer. If the scope is limited to driving and repairs, a power of attorney for the vehicle in simple written form is sufficient: notarisation is required only for transactions.

A general power of attorney for receiving a pension and social payments is executed before a notary, since it involves regular monetary transactions. It may be one-off or for a long term, and the notary draws up the form taking into account the specific body paying the benefit. It is convenient to combine it with a general power of attorney from a pensioner for managing an apartment, paying utility bills, receiving post, and representation before medical organisations.

• obtaining medical documents, extracts and test results at a polyclinic;
• connecting the internet and concluding contracts with telecom operators;
• receiving the keys to an apartment from the developer or the management company;
• representing interests before housing and utilities bodies and the akimat on everyday matters;
• receiving correspondence and cargo at postal service branches;
• making payments and taking meter readings for utility services.

General power of attorney for receiving goods and documents: what suits sole traders and businesses

For receiving goods, inventory or cargo from a supplier, the power of attorney is drawn up in writing and must contain the date of issue, the details of the principal and the attorney, and the list of powers. If the principal is a sole trader, a power of attorney from the sole trader signed by the entrepreneur himself is sufficient: for transactions and acceptance of deliveries, the notarial form is usually not required. For a legal entity, the power of attorney for receiving goods is signed by the head, and at the warehouse or with the carrier the attorney presents the document together with an identity document.

For ongoing work, a power of attorney for receiving goods and materials for a set term with the right to sign goods delivery notes and acts is convenient. A power of attorney for receiving inventory may be one-off or for a series of deliveries, but with each shipment it is important to check that the powers have not expired and match the volume actually being received. A power of attorney for receiving cargo in free form is acceptable if the parties, the term and the specific actions of the attorney are clearly described; a standard form is not mandatory.

• date of issue of the power of attorney in words
• details of the principal and the agent: for an individual — IIN, identity document; for a sole proprietor and an LLP — BIN and name
• specific powers: receipt of goods, inventory, cargo, documents or certificates
• specimen signature of the agent
• term of validity, if it is limited
• signature of the principal and, where required, certification

A broad wording in a power of attorney is convenient exactly as long as the representative acts in the principal's interests. As soon as the interest diverges, the scope of powers starts working against the one who issued it.

General power of attorney from a legal entity and representation in court

At a legal entity, the power of attorney is signed by the director or a person authorised by the charter or a decision of the participants. The document states the name of the LLP, the BIN, the details of the principal and the agent, the scope of powers and the date of issue. If it was signed by someone other than the first director, an act confirming their authority is attached. A seal is affixed if there is one, and a signature does not replace it.

A sole proprietor issues a power of attorney in their own name, stating the IIN and identity document details, and signs it personally. The powers are worded specifically: a broad wording increases the risk of abuse.

• exact name of the principal and their BIN or IIN
• passport details of the agent and their IIN
• list of powers, with special powers highlighted
• the validity period and date of issue
• signature of the authorised person and, where required, a seal
• the basis of the signatory's authority, if it is not the director

General power of attorney and taxes, registration of residence, reporting

Narrow administrative tasks do not require a general power of attorney: an ordinary power of attorney with a direct list of powers is sufficient. A power of attorney to the tax authority is issued for representing the principal's interests before the state revenue bodies: filing and signing reports, obtaining documents, reconciling calculations, appealing notifications. A general wording creates risk by extending the representative's scope of actions beyond the task. A power of attorney for the tax authority from an individual entrepreneur or the director of an LLP expressly names the tax authority and the type of reporting the representative is entitled to sign. For electronic filing, authority is confirmed differently, but the document is needed for interaction with the authority. A power of attorney for filing reports before third parties and state bodies is issued separately from the tax one.

Registration at the place of residence is carried out through service centres and Public Service Centres, and a power of attorney for registration at the place of residence includes the authority to file an application and to obtain and submit documents. Powers of attorney for registration and deregistration at the place of residence are drawn up indicating the specific address, so that the representative cannot change the principal's data at their own discretion. For insurance and pension matters, separate narrow powers of attorney are sufficient. A power of attorney to an insurance company is needed to receive payments, sign applications and challenge the insurer's decisions. A power of attorney for the pension fund is drawn up for submitting and obtaining documents related to mandatory pension savings and payments. In all cases, it is sufficient to list the specific actions and state the term.

• The name of the tax authority or state body to which the representative applies.
• An exhaustive list of actions: filing, signing, obtaining documents.
• The specific type of reporting or document the representative works with.
• The address to which the registration action relates, if it concerns registration at the place of residence.
• The validity period of the power of attorney and the prohibition on sub-delegation, if required.
• The principal's signature, certified in the established manner.

Form and content: when a general power of attorney can do without a notary

As a general rule, a power of attorney is made in simple written form unless the law requires notarisation. The Civil Code of the Republic of Kazakhstan sets out such situations: they relate to the nature of the powers, not to the identity of the attorney.

A notary is mandatory for actions requiring registration and for transactions with immovable property. In other cases, a power of attorney in free form is sufficient: typed or handwritten. It has the same force provided the date of issue, the details of the principal and the attorney, and the scope of powers are stated.

The law separately identifies a power of attorney for obtaining documents and a pension without a notary. It is certified by the organisation at the place of work or study, the housing maintenance service at the place of residence, or an inpatient medical institution. The principal's signature and a certification endorsement with the date are required.

• A power of attorney for receiving wages, a pension, a scholarship and other payments, where it is certified by the employer, an educational institution or a medical institution.
• A power of attorney for receiving correspondence and documents at the organisation at the principal's place of work or study.
• A power of attorney for performing actions that do not require registration and are not connected with the disposal of immovable property.
• A power of attorney for representation before individuals and in organisations where notarial form is not established by law.
• A power of attorney issued by a serviceman or a person equated to him, certified by the commander of a military unit.

Notarial general power of attorney: when it is mandatory and what the procedure looks like

Notarial form is mandatory for a power of attorney for transactions requiring notarial certification, for filing applications for state registration of rights to immovable property, for disposing of a share in residential premises, and also for sub-delegation. A notarial general power of attorney is also required for the sale of an apartment or a car.

The notary draws up the document upon the principal's personal appearance or by travelling to him. He checks identity and legal capacity, explains the meaning and consequences of the actions, and establishes whether the person understands their essence. If the principal cannot sign the document, a signatory by proxy is engaged, which is reflected in the text.

• Power of attorney for the sale of an apartment or a share in it.
• Power of attorney for the sale of a car and for dealing with it as a source of increased danger.
• Power of attorney for representing interests in court and before state bodies.
• Power of attorney for obtaining documents and filing applications for registration of rights.
• Power of attorney by way of sub-delegation, where the principal document is notarised.
• Power of attorney issued by a person in a place of detention, where notarial acts are performed by an authorised official.

Comparison of a general and an ordinary power of attorney

The scope of authority differs in substance. A general power of attorney covers management of property, transactions, and obtaining documents and funds; an ordinary one is always tied to a specific act or body. An employee of a legal entity acts within the limits set by the charter and a decision of the authorised body, and sub-delegation is permitted only where expressly stated.

For issuance, the signature of the head and the seal are sufficient, while a notarised power of attorney is required only in cases established by law or by agreement of the parties. In practice, parties often have a power of attorney notarised in order to remove doubts on the part of counterparties and banks.

• A notarial power of attorney via eGov and a notary online power of attorney are executed with identity verification via an electronic digital signature; the electronic form is treated as equivalent to the paper one where there is an electronic digital signature (EDS) of the notary.
• A notarial power of attorney online is convenient for persons abroad, if the document is intended for actions in Kazakhstan and does not require consular legalisation.
• A notarial power of attorney with an apostille is needed to present the document in a country party to the Hague Convention; the apostille on a notarial power of attorney is affixed by the justice authority at the place of certification.
• A duplicate of a power of attorney is issued by a notary only to the principal or his legal successor upon a written application; a copy of a power of attorney is certified by a notary upon presentation of the original.
• A notarial copy of a power of attorney and a notarised copy of a power of attorney have different force: the first confirms that the copy corresponds to the original, the second also confirms the authority of the person presenting it.

A notarised power of attorney through eGov or a duplicate of the power of attorney from a notary does not change the scope of authority: the type of power of attorney is determined by its text, not by the method of certification.

Remote execution, a notary visiting the home, and a power of attorney abroad

The offline format remains the main one: a power of attorney is certified by a notary in the personal presence of the principal, whose signature is verified against an identity document. If a person cannot come due to illness or disability, a general power of attorney is executed at home: a notary's visit is possible within the serviced territory and requires agreement on the time and place.

The online option does not replace notarial certification, but simplifies preparation: a general power of attorney online is executed only in cases expressly provided for by law, most often a power of attorney to receive goods. The service allows you to fill it in online, save a draft and have it certified by a notary or in electronic forms permitted by law. For transactions requiring a notarial form, an electronic power of attorney without proper identification has no force.

• The presence of the principal during notarial certification is mandatory, except in cases expressly permitted by law.
• A notary's visit to the home is agreed in advance and is possible upon confirmation of a valid reason.
• Online services are suitable for preparing and submitting documents, but do not replace the notarial form where it is required.
• A power of attorney abroad is certified by a consul of the Republic of Kazakhstan; a foreign document requires legalisation or an apostille.
• A power of attorney from a foreign citizen is executed against a passport, and a power of attorney against a foreign passport is executed against a document identifying the foreigner.
• Who can a power of attorney be issued to: to any person with legal capacity, including a spouse, and a power of attorney to a wife does not require any special form other than notarisation.