The Parliament of the Democratic Socialist Republic of Sri Lanka has enacted the Powers of Attorney (Amendment) Act, No. 3 of 2024, introducing crucial changes to the existing Powers of Attorney Ordinance (Chapter 122).
Here’s a summary of the key amendments:
http://documents.gov.lk/files/act/2024/1/03-2024_E.pdf: Powers of Attorney (Amendment) Act, No. 3 of 20241. Short Title and Citation:
- The Act is titled the Powers of Attorney (Amendment) Act, No. 3 of 2024.
2. Amendment to Section 2:
- Paragraph (b) of the definition of “power of attorney” in Section 2 is amended.
- The requirement for execution before two witnesses and an Ambassador is replaced with execution before an Ambassador only.
3. Amendment to Section 3D:
- A correction is made to Section 3D by substituting words for clarity.
4. Amendment to Section 4:
- Substantial changes are made to Section 4, introducing new provisions for the execution of documents within and outside Sri Lanka.
- Execution within Sri Lanka requires attestation by a notary public and two witnesses.
- Execution outside Sri Lanka is permissible before an Ambassador, High Commissioner, Diplomatic Officer, Consular Officer, or a person authorized under the Consular Functions Act, No. 4 of 1981.
5. Replacement of Schedule II:
- Schedule II of the principal enactment is repealed and substituted.
- The new schedule includes details like the date of registration, grantor and attorney information, and specifics of the document of revocation or cancellation.
6. Validation and Transitional Provision:
- A validation provision is introduced, making powers of attorney executed before October 25, 2022, valid for two years from that date.
- These powers of attorney must be submitted for registration within the two-year period to maintain validity.
This amendment aims to streamline and modernize procedures related to powers of attorney, enhancing clarity and adaptability.
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