Power of Attorney (Mandate)
Template power of attorney (mandate, prokura) by which a principal authorises an attorney to act in the principal's name. Under the Civil Code (Cap. 16) a mandate may be given by public deed, private writing, letter or even verbally (article 1857), but a mandate in general terms covers only acts of administration: the power to sell, hypothecate or perform other acts of ownership must be expressly granted (article 1863). For a contract on immovable property signed before a notary, the notary will in practice require the power of attorney to be a public deed or to bear a signature authenticated by a notary (with an apostille if signed abroad). A mandate in anticipation of incapacity must be drawn up by a notary under pain of nullity (article 1864A).
Power of Attorney (Mandate)
POWER OF ATTORNEY
THE PRINCIPAL (MANDATOR): [full name], holder of identity card / passport No. [number], of [address], hereby appoints and constitutes
THE ATTORNEY (MANDATARY): [full name], holder of identity card / passport No. [number], of [address], as his lawful attorney.
1. POWERS GRANTED
The Principal grants the Attorney the power to do the following acts in his name and on his behalf: [precise description of the acts, e.g. to sign the contract of [...], to represent the Principal before [authority], to collect / pay sums, to manage the property situated at [...]].
2. LIMITS OF THE MANDATE
The mandate is limited to the acts expressly listed above. The Attorney may not exceed the powers granted and shall act with the diligence of a bonus paterfamilias and in the interest of the Principal.
3. DURATION
This power of attorney is valid [until [date] / until the completion of the acts entrusted / until revoked].
4. SUBSTITUTION
The Attorney [may / may not] appoint a substitute to perform the acts entrusted, in which case he remains answerable for the person chosen unless otherwise authorised.
5. ACCOUNT
The Attorney shall render an account of his management to the Principal and hand over whatever he has received in the exercise of the mandate.
6. REVOCATION
The Principal may revoke this power of attorney at any time, notifying the Attorney and any third party who has dealt with him. The mandate also comes to an end by the accomplishment of the acts, the expiry of the term, the renunciation of the Attorney, or the death or incapacity of either party, as provided by law.
7. FORM
Where the law requires it for the acts to be carried out (in particular acts concerning immovable property), the signature to this power of attorney shall be authenticated in the form required by law.
8. GOVERNING LAW
This power of attorney is governed by the laws of Malta.
Signed at [place], on [date].
The Principal: ______________________
(Authentication of signature, where required by law)
Legal basis
Frequently asked questions
Does a power of attorney in Malta need a notary?
Not always. Article 1857 of the Civil Code allows a mandate by private writing, letter or even verbally. For deeds on immovable property, however, the notary will require a power in public form or with the signature authenticated, and a mandate in anticipation of incapacity must be drawn up by a notary under pain of nullity (article 1864A).
Can a general power of attorney be used to sell property?
No. Under article 1863 of the Civil Code a mandate in general terms applies only to acts of administration. The power to sell, hypothecate or perform other acts of ownership must be expressly stated, so the template asks you to list each act precisely.
Can the principal revoke the power of attorney?
Yes, at any time. Revocation should be notified in writing to the attorney and to every third party who dealt with him, such as the bank or the notary; until they know of it, acts done in good faith may still bind the principal. The mandate also ends with the death or incapacity of either party.