6. Special note regarding Power of Attorneys for use in India and in particular in Punjab

Please note that in 2005, India became a signatory to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Therefore, for India, including Punjab, you do not need to to have the Power of Attorney ("POA") legalised at the High Commission of India ("HCI"). All that is required is that you have the POA notarised by a Notary Public and then Apostilled pursuant to the Hague Convention at the Foreign and Commonwealth Office. This Convention applies to whole of India and not just a particular State.

In regard to Punjab State, the Government of Punjab had issued a notice to this effect on 5 August 2010 but some officials were still asking for the legalisation at the HCI. However, following my emails with Mr. N. S. Kang, Financial Commissioner Punjab, Mr. Kang had very kindly intervened and issued further instruction letters to the Divisional and Deputy Commissioners in November 2013 instructing them that if the POA has been notarised and Apostilled, the officials at the District level must not ask for the POA to be legalised at the HCI. For the clients who have their documents notarised at my office, I can provide copies of the notices the Financial Commissioner has served.

You will also need to have the photo-page of your passport certified as a true copy and notarised as this is required by the Government of Punjab. Therefore, the passport must be a valid passport. Some banks also require your proofs of address and payslips notarised well, but please check with the recipients for their specific requirements.

The Power of Attorney must be embossed/stamped within three months at the Commissioner or District/Divisional Commissioner's office in India, including Punjab; failure to do so will mean that you will have to do the Power of Attorney again in accordance with above procedure. The three months period starts from the date on which you make and sign the POA in the presence of the Notary Public.

I can prepare and notarise the Power of Attorney and copy of your passport. Generally a power of attorney prepared and notarised by me will work out cheaper than that prepared by another lawyer and just notarised by me. But I can also notarise a Power of Attorney prepared for you by another lawyer and notarise a copy of the photo-page of your passport. I can arrange to have the power of attorney legalised at the Foreign, Commonwealth and Development Office (formerly the Foreign and Commonwealth Office). This can be done using the FCO postal service or in urgent case, using their same day Premium Service. The cost of legalisation at the FCO will be extra.

Generally, for a Power of Attorney for India, you will need a passport size photo, your original valid passport and recent proof of address. If your passport has expired, even if recently, please renew the passport before arranging an appointment.

If you wish to discuss further or make a power of attorney, please call Ram Bansal on 020 3118 2063.