Power of Attorney

A Power of Attorney (POA) in Hong Kong is a legal document that authorizes one person (the “Grantor”) to appoint another person (the “Grantee” or “Attorney-in-Fact”) to act on their behalf in legal, financial, and administrative matters. This document is vital when the Grantor is unable to handle specific tasks due to absence, illness, or legal incapacity.
A POA provides a secure and legally recognized mechanism for individuals or companies to delegate authority. It is frequently used for property transactions, managing a company, representing someone in tax matters, or conducting personal affairs. Understanding how a Power of Attorney works under Hong Kong law ensures that the rights and responsibilities of all parties are protected. Ensure your company decisions are properly authorized and recorded. Download the Minutes of Meeting to document board approvals related to Power of Attorney appointments.

A comprehensive Power of Attorney in Hong Kong includes clearly defined clauses to prevent misuse and ensure legality. Below are essential clauses that are typically included:

Including these clauses helps ensure the document’s enforceability and clarity in execution. This is critical for users searching for “What should a Power of Attorney include in Hong Kong?”

Yes, companies incorporated in Hong Kong can legally grant a Power of Attorney to individuals or legal entities. The company’s board of directors must approve and document the POA through a board resolution. This allows the appointed representative to act on behalf of the company in contract negotiations, court proceedings, real estate transactions, or other operational tasks.

The scope of authority must be specified in the POA and must comply with the company’s Articles of Association. Companies must also maintain a record of the POA in their corporate documents and notify relevant stakeholders, especially when used for third-party transactions. Planning to share sensitive business information under a POA? Download the Non-Disclosure Agreement (NDA) to safeguard your confidential data during delegated negotiations.

Hong Kong law recognizes several forms of Power of Attorney, each designed for specific legal needs:

Choosing the right type of POA depends on the purpose and scope of delegation. Search queries such as “Types of POA in Hong Kong” and “Which POA is best for property transactions?” are addressed in this section.

The Attorney-in-Fact must be an adult (at least 18 years old) and mentally competent. The Grantor should appoint someone they trust to act in their best interest. Options include:

It’s crucial to ensure the appointed person understands the responsibilities and potential liabilities of acting under a POA.

In Hong Kong, notarization is not legally required for all Power of Attorney (POA) documents. However, there are specific situations where notarization becomes essential. If the POA is intended for use outside Hong Kong, such as submission to foreign banks, government agencies, or legal institutions, it must be notarized by a Hong Kong Notary Public. Additionally, for international use, the notarized document may also require an apostille under the Hague Apostille Convention to be recognized abroad.
Even for local use, while notarization is not mandatory, it is highly recommended in cases involving sensitive financial, legal, or property matters to strengthen the document’s credibility and legal enforceability in the event of a dispute.
For Enduring Powers of Attorney (EPA), which continue to be valid even if the Grantor loses mental capacity, special formalities apply. The execution of an EPA in Hong Kong requires the presence of both a registered Hong Kong solicitor and a medical practitioner. This requirement ensures that the Grantor fully understands the legal implications and consents to the enduring nature of the arrangement.

Yes, a Power of Attorney can be revoked at any time by the Grantor, provided they retain legal mental capacity. The revocation must be made in writing and signed by the Grantor to be considered valid. To ensure the revocation is effective, the Grantor should inform the Attorney-in-Fact directly and also notify any relevant third parties such as banks, service providers, and government agencies. Additionally, it is advisable to notarize the revocation document to strengthen its legal standing and reduce the risk of future disputes.

Once a Power of Attorney is revoked, the Attorney-in-Fact no longer has any legal authority to act on behalf of the Grantor. Failing to communicate the revocation to the appropriate parties can lead to unauthorized actions, misunderstandings, or liability issues. This section responds to common concerns such as how to cancel a Power of Attorney in Hong Kong or whether a Grantor can legally revoke an attorney-in-fact’s authority at any time.

Yes, a POA can be used for real estate transactions, which is one of its most common applications. It allows the Attorney-in-Fact to:

A POA used for land-related matters often must be in writing, witnessed, and in some cases notarized, especially if it needs to be registered with the Land Registry. It should be highly specific in defining the property and authority granted.

The duration of a POA depends on its terms. General and Specific POAs often include an expiration date. If no date is set, the POA remains valid until:

An Enduring Power of Attorney remains valid after mental incapacity but only if it is formally executed and registered with the High Court. Including a termination clause in any POA is recommended to clarify its validity.

For individuals and companies operating in Hong Kong, drafting a legally valid Power of Attorney is essential to delegate authority safely, protect assets, and ensure compliance with local regulations. Whether it’s for property transactions, corporate decisions, or financial matters, a properly executed POA ensures your interests are protected. Themis Partner offers professionally drafted Power of Attorney documents prepared by experienced corporate lawyers. Download your Power of Attorney today to ensure your document is enforceable both in Hong Kong and internationally.