All Topics / Legal & Accounting / Power of Attorney

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  • Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    What are the requirements for registering a commercial lease a new power of attorney is to be used for the first time? A POA was created several years ago if certain events happened (incapacity to sign etc), now that these circumstances have arisen, how does the Land Titles Office know that there is a POA in force? Do I need to do anything to advise the LTO beforehand or do I submit a certified copy of the POA with the lease at the time of registration?  Anything else I need to know?

    (Thought that it was better here in Legal than under Commercial Property).

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just take it into the LTO and they will register it. It remains in force unless revoked, or is contingent on something.

    If it had been revoked then it would be an offense for the attorney to use it and there would be civil penalties and perhaps criminal.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856
    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Of course Terry is correct  ;-)  It's interesting how some States do it differently.  A bit more information on the State by State variations is available HERE

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Signed the POA today (it was prepared a few years ago but stage 2 is now due to be put into force including registration with LPMA).

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