Powers of Attorney Act, 1996

Execution of instruments, etc. by donee of power.

17.—(1) The donee of a power of attorney may—

(a) execute any instrument with his or her own signature and, where sealing is required, with his or her own seal, and

(b) do any other thing in his or her own name,

by the authority of the donor of the power; and any instrument executed or thing done in that manner shall be as effective as if executed or done by the donee with the signature and seal, or, as the case may be, in the name, of the donor of the power.

(2) A person who is authorised under a power of attorney to convey any estate or interest in property in the name or on behalf of a corporation sole or aggregate may either execute the conveyance as provided in subsection (1) or, as donee of the power, execute the conveyance by signing his or her name as acting in the name or on behalf of the corporation in the presence of at least one witness and, in the case of a deed, by affixing his or her own seal, and such execution takes effect and is valid in like manner as if the corporation had executed the conveyance.

(3) Where a corporation aggregate is authorised under a power of attorney to convey any interest in property in the name or on behalf of any other person (including another body corporate), a person appointed for that purpose by the corporation may execute the deed or other instrument in the name of such other person; and where an instrument appears to be executed by a person so appointed then in favour of a purchaser the instrument is deemed to have been executed by that person, unless the contrary is shown.

(4) In this section “purchaser” has the meaning given to it by section 18 (6).

(5) This section applies whenever the power of attorney was created.