Powers of Attorney (Amendment) Act 2022

This Act may be cited as the Powers of Attorney

(Amendment) Act, No. 28 of 2022.

Section 2 of the Powers of Attorney Ordinance

(Chapter 122) (hereinafter referred to as the “principal enactment”) is hereby amended –

by the repeal of the definition of the expression

by the repeal of the definition of the expression

Section 3 of the principal enactment is hereby repealed and the following section is substituted therefor:-

3. (1) (a) Every power of attorney executed in Sri Lanka or any other country shall be registered with the Registrar General.

Every power of attorney holder

a copy thereof certified by a notary public to be a true copy; and

an affidavit made as specified in

The Registrar General shall, upon being satisfied as to the correctness of the power of attorney referred to in subsection (1), register the power of attorney and file such certified copy and shall endorse upon such certified copy and the original power of attorney, the registration number and the date thereof, together with a reference to the volume and folio wherein such registration is recorded and shall return the original power of attorney to the person producing the same.

Such registration shall be recorded in a book maintained by the Registrar General which is to be kept in the form specified in the

The following new sections are hereby inserted immediately after section 3 of the principal enactment and shall have effect as sections 3A, 3B, 3C and 3D, of that enactment: -

3A. (1) A power of attorney granted to be used for the purpose of a transaction which falls within the scope of section 2 of the

Prevention of Frauds Ordinance (Chapter 70)

shall be executed subject to the provisions specified in subsection (2) or (3), as the case may be.

If a power of attorney specified in subsection (1) is executed in Sri Lanka, it shall -

be duly attested by a notary public in accordance with the Notaries

contain a description of the land or land parcel as the case may be, with metes and bounds, and the extent, in the case of a land or land parcel;

contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;

contain a reference to the volume and the folio in which the land or land parcel or condominium parcel, relating to the transaction is registered in the case of a land or land parcel or condominium parcel with prior registration;

bear the left or right thumb impression of the grantor and where both thumbs of the grantor are missing, the impression of any other finger from either the left or the right hand of the grantor, in addition to his signature and where both his hands are missing, he shall place his toe impression, in the presence of the notary public and the witnesses;

be accompanied with a copy of the bio page of the passport, National

If a power of attorney specified in subsection (1) is executed outside Sri Lanka, it shall -

be duly executed before a person authorized under section 2 of this

contain a description of the land or land parcel as the case may be with metes and bounds and the extent in the case of a land or land parcel;

contain a description of the condominium parcel with other elements by which it can be identified, and a description of the whole land where the condominium parcel cannot be identified in the case of a condominium property;

contain a reference to the volume and folio in which the land or land parcel or condominium parcel relating to the transaction, is registered, in the case of a land or land parcel or condominium parcel with prior registration; and

be accompanied with a copy of the bio page of the passport of the grantor signed by such grantor and a copy of the bio page of the passport, National Identity Card or driving license of the attorney of such power of attorney certified by a notary public.

Every notary public who attests a deed or instrument in terms of the Notaries

examine the relevant volumes and folios in the Registrar General’s department;

be satisfied that the power of attorney has not been revoked or cancelled and shall state such fact in his attestation; and

retain the copies of the National

For the avoidance of doubt, it is declared that it shall be sufficient for the notary public who attests such deed or instrument to examine the relevant volumes and the folios in the

Section 4 of the principal enactment is hereby repealed and the following section is substituted therefor: -

4. (1) Where the grantor of any power of attorney wishes to revoke or cancel a power of attorney or where the attorney of any power of attorney does not wish to act under such power of attorney, such grantor or attorney as the case may be, shall –

notify the other party of such intention;

execute a notarially executed document declaring his intention of revoking or cancelling the power of attorney or expressing his intention not to act under that power of attorney, as the case may be; and

submit such document referred to in paragraph (b) to the Registrar

(a) If the grantor of any power of attorney requires to revoke or cancel his power of attorney with immediate effect, until such document referred to in paragraph (b) of subsection (1) is executed and tendered to the

Upon the receipt of such a notice referred to in paragraph (a), the Registrar General, shall make an endorsement of the intention of such revocation or cancellation in the relevant volumes and the folios.”.

Section 5 of the principal enactment is hereby amended by the substitution for the words “prescribed in the

Schedule.” of the words “prescribed in Schedule II.” .

The Schedule of the principal enactment is hereby repealed and the following Schedules are substituted therefor: -

[Section 3(1)]

“SCHEDULE I

I ………………………………… (holder of National Identity

Card No. ..…….),of No. …………………………..being a

…………………………. do hereby sincerely, solemnly and truly declare and affirm/swear and state as follows:-

Act, No. 28 of 2022

The foregoing affidavit having been read over and explained to the above named and having understood the contents thereof signed and affirmed/sworn to at

…………….. on this ……..

day of ……………….

I am the deponent/affirmant above named.

I declare/ affirm that ………………………(holder of

That the said power of attorney is genuine and still in force and I believe that the grantor is alive.

Notwithstanding anything to the contrary in the principal enactment and in the provisions of this Act -

every power of attorney executed prior to the date of commencement of this Act which has not been registered under the provisions of section 3 of the principal enactment and which has not been revoked or cancelled on or prior to the date of commencement of this Act, shall, within a period of six months from the date of commencement of this Act, be submitted for registration to the Registrar General;

every power of attorney executed prior to the date of commencement of this Act which has been registered under the provisions of section 3 of the principal enactment and has not been revoked or cancelled on or prior to the date of commencement of this Act, shall, continue to be valid and effectual until revoked or cancelled under section 4 of this Act;

every power of attorney executed prior to the date of commencement of this Act which has been submitted for registration to the Registrar General, and pending registration under the provisions of section 3 of the principal enactment on the date of commencement of this Act, shall be registered by the Registrar

Every power of attorney referred to in paragraph (a) of subsection (1) which is not submitted for registration within the period specified in that paragraph shall be deemed to be null and void, with effect from the date of expiration of that period.

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Act, No. 28 of 2022