Issuance and validity of notarial powers of attorney during martial law

Changes regarding the work of notaries are enshrined in the Resolution of the Cabinet of Ministers of February 28, 2022 “Some issues of notaries in martial law”. The main changes in terms of powers of attorney are as follows:

1. the possibility of issuing some powers of attorney without a notary form

Under martial law, the certification of powers of attorney (except for the following) is carried out without the use of notary forms on white sheets with the details of the notary applied using a computer.

The requirement for a notarial form remains for powers of attorney for the right to dispose of:

– real estate, an object of construction in progress or property rights regarding future real estate;

– funds on accounts in banks and non-banking financial institutions, for the right to access an individual bank safe;

– vehicles for a period of more than three months;

– securities and corporate rights.

2. limiting the circle of notaries authorized to issue a number of powers of attorney

The following powers of attorney can only be issued by notaries included in the list of notaries approved by the Ministry of Justice, who, under martial law, perform actions on valuable property:

– the right to dispose of real estate;

– management and disposal of securities, corporate rights;

– the right to access an individual bank safe.

3. limitation of the validity period of a number of powers of attorney and their confirmation

The following powers of attorney (hereinafter referred to as the Powers of Attorney) are subject to a number of requirements regarding the terms of their validity and the need to confirm them by the principal in case of notarial transactions based on them:

– for the alienation of real estate, securities, corporate rights;

– signing mortgage agreements, on satisfaction of the mortgagee’s requirements, establishment of trust ownership of real estate (including agreements on amendments to such agreements or their termination;

– signing of acts of acceptance and transfer of a share in the authorized capital of a legal entity on behalf of an individual – alienator (mortgagor, trust founder).

3.1. validity of the Power of Attorney for the above actions

The duration of the Power of Attorney depends on where it was issued.

Thus, the Power of Attorney is valid and does not require additional confirmations and other actions, if from the date of its issuance and until the day of signing the relevant agreement (act) has not passed:

3.1.1. for Powers of Attorney issued by a notary of Ukraine – 1 month;

3.1.2. for Powers of Attorney issued by a consulate/ diplomatic mission/ abroad under the laws of another state (hereinafter collectively referred to as “abroad”) – 2 months.

3.2. requirements for confirmation of the Power of Attorney after the expiration of clause 3.1.

For signing notarial transactions on the basis of a Power of Attorney after the expiration of the deadlines specified in clause 3.1., there are requirements that depend on whether the power of attorney has a notarized form:

3.2.1. for a Power of Attorney on a notarized form – (a) an Application from the principal on confirmation of the validity of the power of attorney is necessary (hereinafter referred to as the Application);

3.2.2. for a Power of Attorney without a notarized form – you need (a) the Application + (b) the presence of registration of the Power of Attorney in the Unified Register of Powers of Attorney with the entry into it of information on the availability of powers necessary to sign the relevant agreement (act).

3.3. requirements for the validity period of the Application specified in clause 3.2.

In turn, there are criteria for the terms in relation to the Application specified in clause 3.2., which depend on where such an Application was issued.

To sign notarial deals on the basis of a Power of Attorney and the Application, the date of execution of such Application must be:

3.3.1. for Applications executed by a notary of Ukraine – not earlier than 7 calendar days before the date of signing the relevant agreement (act) on the basis of the Power of Attorney;

3.3.2. for Applications executed abroad – not earlier than 1 month before the date of signing the relevant agreement (act) on the basis of the Power of Attorney.