By Miyuru Asiri Dissanayake, Principal Solicitor, Australanka Lawyers
Many Sri Lankans living in Australia need to sign a power of attorney so that a trusted person can manage property, banking, court, company or other affairs in Sri Lanka. A frequent question is whether the person signing in Australia must arrange two additional witnesses.
The short answer is: a Sri Lankan power of attorney executed in Australia does not ordinarily require two witnesses under the Sri Lankan Powers of Attorney Ordinance. However, it must be executed before a person legally authorised to attest it and satisfy the requirements applying to its intended use.
Watch this short explanation before signing:
Why do many people still believe two witnesses are required?
The confusion is understandable. A power of attorney executed within Sri Lanka must ordinarily be signed before two witnesses and attested by a Sri Lankan notary public.
Following amendments made in 2022, overseas documents were also subject to a two-witness requirement. Some lawyers and administrative webpages may therefore continue referring to that requirement without accounting for the later amendment.
The decisive change was made by the Powers of Attorney (Amendment) Act, No. 3 of 2024. It removed the words requiring execution “before two witnesses” from the provision governing powers of attorney executed outside Sri Lanka.
What is required when signing in Australia?
A power of attorney executed outside Sri Lanka must be signed before a person recognised by Sri Lankan law. This includes a Sri Lankan ambassador, high commissioner, diplomatic officer or consular officer. It may also be executed before a person authorised under the law of the relevant foreign country to attest a power of attorney.
In Australia, the appropriate attesting person and authentication procedure may depend on the State or Territory, the grantor’s citizenship, the nature of the power and the receiving authority’s requirements.
The document should be reviewed before signing. Do not sign it in advance and then ask an authorised person merely to certify your signature. The attesting person should verify your identity and witness the execution.
Can an Australian lawyer attest a Sri Lankan power of attorney?
An Australian lawyer may be able to witness and attest a Sri Lankan power of attorney where the lawyer is authorised under the applicable Australian law and that method is appropriate for the intended Sri Lankan process.
However, an Australian solicitor’s attestation should not be treated as automatically sufficient in every case. Depending on the grantor’s citizenship and the requirements of the Sri Lankan Land Registry, bank, court or other receiving authority, the document may require an Australian Notary Public, authentication by the Department of Foreign Affairs and Trade, or Sri Lankan consular processing.
What should you bring to the appointment?
- the original unsigned power of attorney;
- your current passport or other acceptable photographic identification;
- instructions received from the Sri Lankan lawyer, notary, bank or institution;
- information identifying the appointed attorney; and
- transaction documents, particularly where land is involved.
Names, passport details and addresses must be accurate.
Are there additional requirements for Sri Lankan land?
A power of attorney intended for a transaction involving land or a condominium may require detailed property information. Depending on the transaction, it may need to identify the property by boundaries and extent and refer to the relevant volume and folio of prior registration.
Required identity documents must also accompany the power of attorney. These matters should be addressed when it is drafted, not after signing.
Removing the two-witness requirement for overseas execution did not remove these transaction-specific requirements.
Must the power of attorney be registered in Sri Lanka?
Every power of attorney executed in Sri Lanka or another country must generally be registered with the Registrar-General of Sri Lanka.
A power of attorney executed outside Sri Lanka should ordinarily be submitted for registration within three months of execution, together with the prescribed supporting material. The appointed attorney or Sri Lankan lawyer handling the matter should arrange registration.
Registration in Sri Lanka remains necessary.
Is DFAT authentication or consular attestation always required?
Not necessarily. The correct pathway depends on who attests the document, the grantor’s citizenship and the receiving authority’s requirements.
Some documents may be executed before a Sri Lankan diplomatic or consular officer. In other circumstances, notarisation, authentication by the Australian Department of Foreign Affairs and Trade, or subsequent consular processing may be requested.
The Sri Lankan lawyer, Land Registry, bank or institution receiving the document should confirm any additional requirements before execution.
How Australanka Lawyers can assist
Australanka Lawyers assists clients in Melbourne and across Australia with powers of attorney intended for use in Sri Lanka. Assistance may include reviewing the document, identifying inconsistencies, verifying identity, attending to proper execution and explaining the next procedural steps. Sinhala-speaking assistance is available.
Before attending, send us the proposed power of attorney and any instructions received from Sri Lanka. This allows the execution requirements to be considered before you sign.
Call 0423 469 407, send a WhatsApp message, email miyuru@australankalawyers.com.au, or contact Australanka Lawyers to arrange an appointment.
This article provides general information only. It is not legal advice and does not create a solicitor-client relationship. Requirements depend on the document, transaction and receiving authority.