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Power of Attorney in Malta

Power of Attorney in Malta

Updated on Thursday 18th April 2019

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power_of_attorney_in_malta.jpgIn Malta, the power of attorney or “prokura” in Maltese is a legal document through which a person called a grantor, a principal or a donor enables another person, named an agent or attorney-in-fact, to carry out different types of actions on his or her behalf. The grantor must be of legal age and in full mental capacity when signing the power of attorney.

Our law firm in Malta can provide you with specific details about the Maltese power of attorney. We can also help local and foreign citizens and investors who need to have powers of attorney drafted in Malta. Also, if you need representation, you can grant our Maltese lawyers a power of attorney.

Types of power of attorney in Malta

The Maltese Civil Law divides this document into general and special power of attorney. The Maltese general power of attorney enables the agent to act in the name of the grantor for any type of action, while the special power of attorney enables the agent to conduct one or more actions of a certain type on behalf of the donor. The Maltese special power of attorney must stipulate the exact form of the action to be conducted by the agent and, in some cases, it can also have an expiration date.

Situations in which powers of attorney can be granted

There are various cases in which a Maltese power of attorney can be granted. Among the most common ones are:

  • -          related to various civil cases, such as litigation, divorce, child custody when legal representation is needed in court;
  • -          related to business matters – the power of attorney can be granted to a lawyer or another party to register a company;
  • -          in real estate matters – when a Maltese or foreign citizen wants to buy a property in Malta and needs a legal representative;
  • -          in various commercial-related cases, such as concluding a contract between a Maltese and a foreign company;
  • -          for general representation cases in various situations, such as representation before the authorities and various institutions.

 

Our lawyers in Malta can draft any type of power of attorney, however, it should be noted that specific conditions must be met by both the grantor and the agent when the document is issued.

How to grant a power of attorney in Malta

In order to grant a power of attorney in Malta, a series of conditions need to be respected. These are:

  1.           both the person granting the power of attorney and the agent must be at least 18 years old;
  2.           the donor must have full mental capacity in order for the Maltese power of attorney to be valid;
  3.           both the donor and the agent must present their identification papers when the document is drafted;
  4.           the power of attorney needs to be drafted and authenticated by a public notary in Malta;
  5.           in order to be valid, the Maltese power of attorney needs to be signed by the grantor;
  6.           the donor will need two witnesses to attest to the drafting of the power of attorney;
  7.           once drawn up and signed, the document will be registered with the Director of the Public Registry.

 

Our lawyers in Malta can help foreign investors who need to give a power of attorney and are not familiarized with the procedure or the documents needed.

The durable power of attorney in Malta

A special type of power of attorney is the durable power of attorney often used in Malta. The difference between the normal or usual power of attorney and the special one is that the durable power of attorney will expand beyond the disability of the donor. There are two types of durable powers of attorney: the immediate one and the springing one.

The immediate power of attorney will be enabled as soon as it is signed, while the springing power of attorney is enabled in case of specific circumstances, such as the incapacity of the grantor.

In Malta, the durable power of attorney is created in cases of healthcare problems or decisions that have to be made regarding property issues. The durable power of attorney in Malta has become commonly used because it gives the principal the possibility to have his/her business or personal matters easily covered after becoming incapacitated.

Through the durable power of attorney, a donor can also grant general or limited power.

The Maltese power of attorney will be filled with the names of the principal and agent and their addresses. The agent’s attributions and powers will also be stated in the document. The grantor must sign and date the power of attorney in the presence of a notary.

The power of attorney is concluded so that it expires at a certain date or the principal can notify all involved parties about the cancellation of the power of attorney. The cancellation must be submitted in writing.

Granting a power of attorney for opening a business in Malta

It is quite common for foreign investors to grant general or special powers of attorney to specialists who can complete the business registration procedures in Malta on their behalf. In time, our attorneys in Malta were in charge of incorporating companies on behalf of those interested in setting up their operations here quite often.

A specialist who knows the law, the authorities to address and the company registration procedure can help speed up the establishment of a company in Malta through a power of attorney.

If you decide to work with us and grant our lawyers a power of attorney to represent you in relation to the Trade Register in Malta, we will be able to:

  • -          prepare and file the documents needed for business incorporation in a very short time;
  • -          open the bank account for your company;
  • -          register the company with the tax authorities and enroll it in the social security system;
  • -          collect any documents issued by the authorities;
  • -          start the business licensing procedure.

 

Once you arrive in the country you will be left with nothing but to start your activities.

Our Maltese law firm can handle the business registration procedure from the beginning to the end.

The power of attorney in real estate matters in Malta

If you are in a hurry to purchase a property or rent a house or apartment, a power of attorney issued to a legal representative can be of great help. If you decide to work with our Maltese law firm, we can handle the preparation of the sale-purchase agreement or the rental contract and agree on specific terms as instructed.

You will be informed during every stage of the procedure and will be able to enjoy your new acquisition without having to worry about paperwork or other issues.

Other situations in which a power of attorney is useful

The power of attorney can be very useful when opening a bank account in Malta. Whether it is a personal, savings or corporate account, with the help of a power of attorney you will save a lot of time running around from one bank to another.

For companies, signing a contract with another business or entering a joint venture, a power of attorney can help their representatives to save time on meetings.

The Maltese power of attorney can also be used in other situations, such as representation in the court of law, where a lawyer needs to sustain a case.

With respect to the revocation of a power of attorney, the procedure has been simplified a lot, making it possible to revoke it in 24 hours.

Our attorneys in Malta can provide you legal advice about the power of attorney for different activities, such as opening a company, and also other services requiring legal assistance, so please contact us.