Letter of attorney and representative office

Notion “letter of attorney” is connected with notion “Representative office” and specifies chapter 4 of Civil code of Ukraine (CCU), articles from 62 to 70. The law is required that Letter of attorney was made in written form. In this case - the notary form of Letter of attorney certificate. To notary certified Letters of attorney compare:

1. Letters of attorney of militaries who were in hospital, sanatorium and other military-medical institutions, which are confirmed by appropriate people (art. 65 CCU).
2. Letters of attorney of militaries and in places where is no notary office, also letters of attorney of workers, members of family.
3. Letters of attorney of people who are in jails, confirmed by director of jails.

Letter of attorney should have necessary attributes: place of drafting, term of work, last name, name and father name of Grantor and Deputed, their address and the main is a range of power of attorney which should be written clearly and uniquely. Letter of attorney is signed by Granter individually. If a person because of physical disadvantages, illness, illiteracy and other causes could not sign the Letter of attorney, then by his request (with notary presents) this document could be signed by other person. The maximum work of letter of attorney is three years. If in the letter of attorney there is no term of work, then this letter of property works during one year from the date of giving. Work of letter of attorney could be stopped before the required term in such cases:

1. Cancel of letter of attorney by someone who have gave it;
2. Refuse by person who received it;
3. Death of Grantor or Deputed;
4. Recognition anyone from them legally incompetent or missing;
5. Stop working the legal person in the name of or on behalf of who was given the letter of attorney.

Person, who gave the letter of attorney, should inform the person who received it.
There could be situations when owner by some causes could not be presented at the moment of signing the purchase and sell contract. But there are a little of such situations:

1. There is a Grantor but he could not be personally present at signing of the contract. In this case you could meet with him and talk. He could be present and personally take part in signing of preliminary Contracts. Client or his broker could personally be present while certify the Letter of attorney or even invite in a hospital or at home his notary. So, client could be sure that Granter is an Owner, who gave a letter of attorney without force.
2. There is no Granter. If he is absent only at the moment of signing the purchase and selling contract (was on holidays and etc.), but personally signed the preliminary documents – then there are not grounds for worry.

Worse when letter of attorney was given in another country or city and there is no opportunity to be sure that it was certified of proper way, that there is such notary and it is his signature, that the fact of certification of the letter of property are put in corresponded registers.
If letter of attorney was given in your city then you could go to the notary who have given it and check present of the notary. There are cases when private notary, who certified the Letter of attorney, has already stopped his work. You should go to the special archives by notary district. The most careful you should compare the date of issue and date of finishing work of notary.


Such letters of property should be assured by Consulate departments of Embassy of Ukraine I these countries. So, first of all notary verifies the letter of attorney and then in the Ukrainian Consulate it is assured. For citizens of Ukraine who are abroad, letter of attorney is assured in Consulate departments of Embassy of Ukraine.
Letter of attorney could not be sent by fax, originals should be sent by post. You should be sure that signature on the letter of attorney is the true signature of Granter.
There are a lot of important circumstances which you have to know and take into account while buying the object with letter of attorney.



One time Letter of attorney is not making of one concrete action (for example selling of definite flat or hose).
General Letter of attorney is for the general managing of Granter property. Deputed has a right to conclude all deals which are permitted by the law, including take money for property and use it by his wish.
But it is better to have one time Letter of attorney.
In this letter of attorney should be mentioned: the most important – address for definite flat. Then list all actions which could be done by Deputed.
It could be following actions:

1. Conduct negotiations with buyer and his representatives;
2. Take earnest money; receive all necessary documents which are necessary for transmission;
3. Signing the purchase and sell contract; take money for sold object and etc.;

Moreover, could be instructions as for actions with money:

1. Pay for account;
2. Send to other city;
3. Put in deposit and etc.

In letter of attorney could be written a minimal price for which flat could be sold.
With such letter of attorney Buyer could be absolutely sure that Seller consciously sells his property.
The important circumstance which should be taken into account in the moment of concluding the Contract, Grantor should be alive.



1. Certify the fact that citizen is alive;
2. Certify the fact of staying the citizen in definite place and at definite time;
3. Certificate of correspondence of the citizen of that who if on the photo.

Very important condition which should be taking into consideration while work with Letter of attorney: at the moment of transmission Letter of attorney should be called off or stopped.
Person who gave the Letter of attorney must inform about calling off the letter of attorney the person who received it. That is why, while signing the Contract purchase and sell it is necessary to go to notary, who gave it, and find out if grantor called of the work of letter of attorney or not. Letters of attorney are printing on the special blanks which have several levels of protection. You should pay attention to it either.