Systematics of Power of Attorney

Regarding the power of attorney for withdrawing money at a bank, it is one type of special power of attorney that generally has the following content systematics:

Title

In practice, the title of the power of attorney includes the phrase "POWER OF ATTORNEY." However, this phrase can also be expressed in a way that is more relevant to the purpose of the letter, such as "POWER OF ATTORNEY TO CARRY OUT OBLIGATIONS."

Opening sentence

In this section, you can include the date and place where the power of attorney was made, as follows:

On this day ________, date _______ located in _______, the undersigned below:

Or you can also write it directly:

The undersigned below:

Identity of the grantor and recipient of power

In the power of attorney, include the identity of the grantor and recipient of power, which at least includes the names, addresses, and occupations of the parties, and can be supplemented with the identity card number that is owned and still valid.

If the grantor is a legal entity, then the identity of the grantor is adjusted to the articles of association/regulations that apply to the legal entity.

Also include the position of each party, whether as the grantor or as the recipient of power.

In addition, it should be noted that the power of attorney must be given by the party who has a direct interest. If not, then the opposing party can file an exception, and as a result, the judge can declare the lawsuit inadmissible (niet ontvankelijke).

Granting of Power Nature

This section is an important part and should not be forgotten, considering the importance of the matters entrusted to someone, which if not mentioned can be interpreted differently and can be misused. This section is placed in the middle of the body of the power of attorney.

Example:

------------------------SPECIFIC-------------------------

Authorized actions

This section lists the actions that the attorney is authorized to perform. For each action that the attorney is to perform, it must be written in as much detail as possible.

In addition, include the time the action must be performed, how the action must be performed, who is authorized to perform the action, as well as the identity or number or specifications of the action, as specifically as possible to prevent the attorney from exceeding the limits of their authority. This is due to the fact that the attorney cannot exceed their authority.

Then, if the attorney acts as the plaintiff's attorney, include the identity of the defendant and the grounds for the lawsuit, whether breach of contract or tort, along with the district court where the lawsuit is filed.

Also include the case number and the district court where the case is examined and decided if the attorney represents the defendant.

Clauses on the right of substitution, honorarium, and/or retention

In practice, there are 3 rights that can be granted to the attorney if the clause is included in the power of attorney, namely:

  • Right of substitution

According to Article 1803 of the Civil Code Civil Code, the right of substitution generally refers to the attorney's ability to appoint another person as their replacement. If the power of attorney does not include the right of substitution, then the appointment of a substitute is invalid.

The power of attorney may include:

This power of attorney is granted with the right of substitution....

  • Right to Honorarium

Unless otherwise agreed, the granting of power of attorney is usually free of charge. If costs are not expressly mentioned, the attorney may not demand costs exceeding the amount specified in Article 411 of the Civil Code for guardians.

Therefore, if you as the grantor grantor and the advocate as the attorney agree on the fee or honorarium that the advocate is entitled to receive and the amount, then the special power of attorney must include the right to the honorarium.

  • Right of retention

According to Article 1812 of the Civil Code, the right of retention can be interpreted as the attorney's right to withhold all of the grantor's assets for a certain period of time, until they are fully paid for everything they can claim as a result of the granting of the power of attorney.

Closing

The closing sentence usually contains a final message before the execution of the power of attorney or the time of its creation.

Example:

Thus, this power of attorney is given to be carried out in good faith and can be used as it should be.

Or

Thus, this power of attorney is made on the day and date as mentioned above, with sufficient stamp duty to be used as it should be.

Affixing the Stamp Duty

Documents used to explain civil events, including agreements, certificates, and similar documents, as well as copies thereof, are subject to stamp duty.

Therefore, in a power of attorney, the stamp must be affixed above the name of the grantor, as specified in the signature section.

Read Also:Example of a Power of Attorney for Withdrawing Money at a Bank

Affixing signatures

After reaching an agreement on the contents of the power of attorney, both parties sign the signature column that has been prepared at the end of the document. By signing the power of attorney, both parties indicate their agreement to the contents of the power of attorney.

References

Hukum Online "How to Create a Good and Correct Power of Attorney Letter Along with Examples."hukumonline.com