A power of attorney (PoA) is one of the most frequently used legal documents in Sri Lanka, whether you are a Sri Lankan resident abroad seeking a relative to look after your property or a business owner who wishes to appoint someone to act on your behalf. The rules have changed considerably as a result of the amendments to the Powers of Attorney Ordinance in 2022 and 2024, and the requirements vary according to the place where the PoA is signed. This guide covers both aspects.
What constitutes a power of attorney?
According to the Ordinance, a power of attorney is a written authority granted by one person (the grantor) to another (the attorney) enabling them to act on that person's behalf, to carry out any work, perform any act, or engage in any trade or business; however, the authority given to a lawyer to appear in court on someone's behalf is not considered to be a power of attorney under the Ordinance.
Signing a power of attorney in Sri Lanka
A PoA executed in Sri Lanka must be:
- executed before two witnesses, and
- confirmed by a notary public.
When the Power of Attorney is being used in relation to a transaction which is the subject of section 2 of the Prevention of Frauds Ordinance (for example, the sale or transfer of land), further rules come into effect. The Power of Attorney must:
- be attested by a notary in accordance with the Notaries Ordinance and the Prevention of Frauds Ordinance;
- describe the land with bounds and its extent (or, for a condominium, describe the parcel and the whole land as required);
- refer to the volume and folio where the land is registered, if it has been registered before;
- bear the grantor's left or right thumb impression in addition to the signature (an alternative finger, or a toe impression, if thumbs or hands are missing), made in the presence of the notary and witnesses; and
- be accompanied by a notary-certified copy of the bio page from the passport, National Identity Card or driving licence of both the grantor and the attorney.
Signing a power of attorney overseas
A PoA executed outside Sri Lanka must be executed before one of the following:
- an Ambassador,
- a High Commissioner,
- a diplomatic officer or a consular officer (in the sense defined by the Consular Functions Act), or
- someone who is authorised by the law of that country to act as an attester of a power of attorney.
For land transactions, the overseas PoA must also:
- contain the same land description (extent, or condominium details) and the volume and folio reference where applicable; and
- be accompanied by a copy of the grantor's passport bio page signed by the grantor and by a notary-certified copy of the attorney's passport bio page, NIC or driving licence.
A frequent question is whether the passport information of the witnesses should be included in an overseas power of attorney. However, the Ordinance makes no such requirement and the overseas limb only mentions the execution before an authorised officer, not the witnesses. Although some registries, banks or notaries might still request such details for reasons of practice, it is necessary to check with the institution where the document will be used.
Local vs overseas briefly
| Requirement | Executed in Sri Lanka | Executed overseas |
|---|---|---|
| Formalities | Two witnesses and notarial attestation | Before an Ambassador, High Commissioner, Diplomatic or Consular Officer, or a person authorised under that country's law |
| Registration deadline | Within one month of execution | Within three months of execution |
| Land PoA: thumbprint | Required | Not listed in the overseas requirements |
| Land PoA: ID copies | Grantor and attorney IDs, certified by a notary | Signed passport bio page of grantor; attorney's ID certified by a notary |
Registration is mandatory
Each power of attorney, whether it is carried out in Sri Lanka or elsewhere, must be registered with the Registrar General. The attorney submits:
- a copy of the PoA certified by a notary public as a true copy; and
- an affidavit in the form specified in Schedule I of the Ordinance, in which the attorney states that the power of attorney is genuine and remains in force and that they believe the grantor is still alive.
When satisfied, the Registrar General will register the power of attorney, file the certified copy, put the registration number, the date, the volume and the folio on both the certified copy and the original document, and then return the original.
How long does a PoA last?
A power of attorney is valid for five years from the date on which it is executed unless the document itself specifies a different period or it is revoked or cancelled before that time, and it is not possible for anyone other than a State institution to have an irrevocable power of attorney.
How to revoke or cancel a PoA
If the grantor wants to revoke a PoA, or the attorney no longer wishes to act, that person must:
- notify the other party of the intention;
- execute a revocation or cancellation document, before two witnesses and a notary if in Sri Lanka, or before the authorised officers listed above if overseas; and
- send it to the Registrar General for registration, referring to the original PoA entry.
If you need to act immediately, the grantor or their lawyer can file a notice with the Registrar General using the Schedule III form, thereby placing it against the power of attorney record. Although this arrangement has immediate effect it is only valid for three months and so the complete revocation document must be filed and registered within that period.
Buyers, beware: check the register
A notary who is attesting to a land deed under a power of attorney should look at the appropriate volumes and folios at the Registrar General's Department and be certain that the power of attorney has not been revoked or cancelled, stating this certainty in the attestation. Buyers and their lawyers should likewise require this check to be carried out. The Registrar General's records may be inspected upon written application and certified copies can be obtained.
Common mistakes to avoid
- Missing the one-month (local) or three-month (overseas) registration deadline
- Leaving out the metes and bounds or volume and folio in a land PoA
- Omitting the thumbprint on a locally executed land PoA
- Attaching uncertified ID copies
- Assuming an old PoA is still valid after five years
- Relying on a PoA without checking whether it has been revoked
This article is general information about the law in Sri Lanka at the date of publication. It is not legal advice, and you should obtain advice on your specific circumstances before acting.