The law that applies to Powers of Attorney amended by the Powers of Attorney (amendment) Act No. 28 of 2022

1. POWERS OF
ATTORNEY
Powers of Attorney Ordinance No. 33
of 1939
Amended by Powers of Attorney (Amendment)
Act No. 28 of 2022 (Certified on 25 October 2022)

2. What is a Power of Attorney
 It is a written power or authority (other than
given to a Attorney-at-Law)
 Given by one person to another
 To perform any act or carry on any trade or
business
 If executed in Sri Lanka – executed before 2
witnesses and attested by a Notary Public
 If executed outside Sri Lanka – executed before
2 witnesses and an Ambassador, High
Commissioner, Diplomatic Officer, Consular
Officer or a person who is authorized to attest a
power of attorney under the laws of that country.

3. Registration of a Power of Attorney
Sec. 3
 A Power of Attorney should be registered after
execution by producing to the Registrar General the
following, within one month of execution if within Sri
Lanka or within three months if executed outside Sri
Lanka:
1. The Original and
2. A Certified True copy with
3. An Affidavit to the effect that ‘to the best of his
knowledge and belief such Power of Attorney is
genuine, is still in force and the grantor is still alive’
4. The Registrar will register by endorsing on it a
Certificate signed by him, indicating that it is registered
and giving date, Volume / folio of registration.

4. Requirement of bio metrics –
New sections 3A
 If the Power of Attorney is executed in Sri Lanka must be attested by
a Notary Public
 In the case of a land or a condominium unit, contain the description,
extent, boundaries, volume and folio of the Land Registry where it is
registration.
 Bear the left or right thumb impression and if both are missing the
impression of any other finger of the left or right hand or if the hands
are missing, the toe impression along with the signature of the
grantor placed before the Notary and in the case of a foreign Power
of Attorney placed before one of the persons in whose presence it
can be executed and before both witnesses.
 Be accompanied by the bio page of the Passport, National Identity
Card or Driving License, certified by the Notary Public in whose
presence the grantor places his signature. If executed outside Sri
Lanka, one of the above mentioned identifications should be
certified by a Notary Public and be submitted with the executed
Power of Attorney for registration.

5. Attestations by Notaries and validity of a Power of Attorney:
New sections 3B, 3C and 3D
 Every Notary Public who attests a Deed or instrument which is
executed under a Power of Attorney must examine the Register
where it is registered and be satisfied that the Power of Attorney has
not been revoked or cancelled and should state so in the Attestation
of the said Deed or instrument and retain copies of the bio page of
the Passport, National Identity Card or Driving License of both the
grantor and Power of Attorney holder and a copy of the registered
Power of Attorney. (Advisable to attach a copy of the registered
Power of Attorney to the said Deed or instrument)
 A Power of Attorney in which the period of validity has not been
given, is valid only for a period of 5 years from the date of execution,
unless it is revoked or cancelled. This period of validity does not
apply to Powers of Attorney executed by State Institutions. (Sec. 3C)
 Only a State Institution can execute a irrevocable Power of Attorney
(Sec. 3D)

6. Cancellation of Power of Attorney
new Sec. 4
 A grantor who wishes to cancel or revoke the Power of
Attorney, or an Attorney holder who does not wish to
continue under the said Power of Attorney, shall -
 Notify the other party of such intention.
 Forward to the Registrar where the Power of Attorney is
registered a Notarial executed Declaration of such
cancellation or revocation with registration number
(Volume/Folio) requesting its registration.
 If such party requires the cancellation or revocation to
take effect immediately, then a Notice of such revocation
or cancellation signed in the presence of 2 witnesses
should be submitted to the Registrar indicating that such
revocation or cancellation shall be submitted within 3
months. (Schedule III of the Powers of Attorney
(Amendment) Act No. 28 of 2022).

7. Validity of Powers of Attorney executed prior to the
effective date of the amendment (Sec.8)-
 All Powers of Attorney executed prior to the date of commencement of the
amendment to the Act (i.e. certified date of amendment is 25.10.2022) and
which have not been revoked, if not registered should be registered within 6
months from such date of commencement. If not registered, such Powers of
Attorney shall become invalid.
 Sec. 8 - “Notwithstanding anything contrary in the principal enactment or in
the provisions of Powers of Attorney (Amendment) Act No. 28 of 2022, a
Power of Attorney registered under Sec. 3 of the principal enactment shall
remain effective and valid until revocation or cancelation of the same under
Sec. 4 of the amendment to the Act”. (In this provision, there is no reference
to the period of validity given in Sec. 3D under the amendment to the Act.
Therefore it is advisable to check with the Registrar, the validity of such a
Power of Attorney which is for an indefinite period and registered but which
has exceeded the 5 year period)

8. Inspection of Powers of Attorney documents and
request for copies – Sec. 7
 The Registrar General shall at the request of any
person applying in writing shall
 issue a copy of a Power of Attorney filed in his
office with
 A Certification giving date of registration, by
whom filed, and volume / folio
Prima facie Evidence : Such certification
issued by the Registrar General will be prima
facie evidence in any judicial proceedings even
if the Power of Attorney is not produced.