Power of attorney from abroad for use in Georgia: what to do under Georgian law

What to do

1. Where to notarise, two routes: (a) notarial acts abroad are performed by the embassies and consulates of Georgia (Law on Notary, Art. 42); their documents are not subject to apostille (Procedure for Certifying Documents by Apostille, Art. 4); (b) a local notary: a notary in Georgia accepts a foreign document if it is legalised or certified by apostille (Law on Notary, Art. 55). A Georgian apostille certifies only documents drawn up in the territory of Georgia, so a foreign power of attorney is apostilled in the country of issue (Procedure for Certifying Documents by Apostille, Art. 2); a different procedure under an international treaty of Georgia takes precedence (Law on Notary, Art. 56).
2. Form: the form of the transaction is governed by the law of the country where it is performed or by the law applicable to its subject matter (Law on Private International Law, Art. 29); the power of attorney itself does not need the form of the underlying transaction unless a special form is established (Civil Code, Art. 107); but for rights in land, the mandatory rules on form of the country where the plot is located apply (Law on Private International Law, Art. 29). For court purposes, a citizen’s power of attorney is notarised (Civil Procedure Code, Art. 96). In practice, a notarised power of attorney is the only one accepted by the registry, notaries and banks.
3. Language: notarial acts in Georgia are performed in Georgian (Law on Notary, Art. 6); for an administrative body (registry, Public Service Hall), a notarised translation is submitted within the period set by the body (no less than 3 days) (General Administrative Code, Art. 73). Better to have a bilingual text from the start, or a certified translation.
4. Specify the powers precisely: filing a claim, settlement, waiver of a claim, appeal, receipt of an awarded sum: these are granted only if expressly stated (Civil Procedure Code, Art. 98); renunciation of an inheritance through a representative requires a special power in the power of attorney (Civil Code, Art. 1449); the object (cadastral code), the right to receive money, the right to sign a contract. When a transaction is carried out through a representative, the notary checks their powers (Law on Notary, Art. 48).
5. Term and risks: a power of attorney terminates upon expiry of its term, revocation, death of the principal, or completion of the act (Civil Code, Art. 109), so state the term. Revoke a cancelled power of attorney with notice to the representative. Foreigners receive notarial services on the same terms as citizens (Law on Notary, Art. 54).
6. Evidence: principal’s passport, representative’s details, documents on the property (cadastral code, extract); for an inheritance, details of the decedent; if a foreign notary is used, an apostille and a notarised translation into Georgian.
7. Traps: a general power of attorney “for all matters” without expressly named powers does not give the right to file a claim, appeal, settle, or receive money. “Valid for one year if no term is stated” is a rule of the Civil Code of the Russian Federation; the Civil Code of Georgia contains no such rule, so the term must be stated in the power of attorney.

Be sure to check

• two routes: Georgian consulate (no apostille) or foreign notary plus apostille/legalisation (unless a treaty provides otherwise)
• translation into Georgian with notarial certification for bodies and notaries
• special powers (claim, appeal, receipt of money, renunciation of inheritance) must be stated expressly
• term of the power of attorney and its revocation