Jurisdiction(s):
United Kingdom

Preparing general powers of attorney for commercial transactions (England and Wales): drafting, authorisations, execution and international issues under the Powers of Attorney Act 1971

Published by a LexisNexis Commercial expert

Practice notes

How to Guide

This Practice Note is a practical ‘how to’ on putting in place a power of attorney for a commercial deal and points readers to related material and supplementary guidance throughout. It flags relevant topics, such as what a power of attorney is, initial considerations, and drafting the instrument (covering the parties, scope of authority, substitution and delegation, duration, revocation, ratification and indemnity), as well as authorisations, cross‑border transactions and day‑to‑day practicalities, among other matters, as appropriate. A power of attorney is a device for conferring authority to act when the authorised individual is unavailable to act or sign a document. It exemplifies an agent’s express actual authority to act for a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract). This ‘How to Guide’ offers a high‑level primer on preparing powers of attorney for commercial matters and may suit trainee solicitors or junior lawyers. The Practice Note concentrates on preparing a general power of attorney under the Powers of Attorney Act 1971 (PAA 1971). This is the most common form used in commercial transactions. For material on lasting powers of attorney, see: Lasting powers of attorney—overview and Practice Note: Powers of attorney in commercial transactions—Who can...

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Web page updated on 21/05/2026

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