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Power of Attorney Template for Indonesia

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Key Requirements PROMPT example:

Power of Attorney

I need a power of attorney document to authorize my sibling to manage my financial affairs, including banking transactions and property management, while I am working abroad for the next two years. The document should be valid until my return and include a clause for revocation upon my written notice.

What is a Power of Attorney?

A Power of Attorney gives someone legal authority to act on your behalf in Indonesia. It's a formal delegation of power that lets your chosen representative (called an "attorney-in-fact") handle specific tasks or make decisions for you, from managing your finances to representing you in court proceedings.

Under Indonesian civil law, you can create either a general Power of Attorney for broad responsibilities or a special one for specific actions. The document must be notarized in Bahasa Indonesia, and for certain matters like property transactions, it needs to be registered with local authorities. Your representative gains official power to sign documents, enter agreements, and conduct business transactions as if they were you.

When should you use a Power of Attorney?

You need a Power of Attorney when you can't personally handle important matters in Indonesia. Common situations include managing property transactions while abroad, dealing with government agencies during extended travel, or handling business operations when key executives are unavailable. It's especially vital for foreign investors conducting business through local representatives.

Many Indonesian banks and government offices require this document for routine transactions. For example, opening corporate accounts, submitting tax returns, or applying for business permits often needs a Power of Attorney. Companies frequently use it to delegate authority to local managers, ensuring smooth operations without constant involvement from overseas directors.

What are the different types of Power of Attorney?

  • Power Of Attorney Contract: Standard form granting broad authority for general business and legal matters, commonly used for ongoing company operations
  • Power Of Attorney Employment Contract: Specialized version focused on HR matters, letting designated managers handle employment decisions, payroll authorizations, and staff administration duties

Who should typically use a Power of Attorney?

  • Business Owners (Principals): Grant authority to trusted representatives for managing company operations, especially foreign investors who can't be present in Indonesia regularly
  • Corporate Directors: Delegate specific powers to local managers or department heads for day-to-day decision making
  • Legal Representatives: Act as attorneys-in-fact, exercising delegated powers on behalf of principals in business transactions and government dealings
  • Notaries: Verify identities, witness signatures, and authenticate Power of Attorney documents to ensure legal validity under Indonesian law
  • Government Officials: Review and accept these documents when processing permits, licenses, or other administrative matters

How do you write a Power of Attorney?

  • Identity Details: Gather complete legal names, addresses, and identification numbers of both the principal and attorney-in-fact
  • Scope Definition: List specific powers being granted and any limitations on the attorney-in-fact's authority
  • Time Period: Decide if the power should be permanent or set an expiration date based on your needs
  • Document Language: Prepare text in Bahasa Indonesia, with optional English translation for international use
  • Supporting Documents: Collect company registration certificates, tax numbers, and other relevant corporate papers
  • Notarization Plan: Schedule an appointment with a local notary who can authenticate the document

What should be included in a Power of Attorney?

  • Title and Date: Clear identification as "Surat Kuasa" (Power of Attorney) with execution date in Indonesian format
  • Party Details: Complete legal names, addresses, and identification numbers of both principal and attorney-in-fact
  • Scope of Authority: Specific powers granted, including any limitations or restrictions
  • Duration Clause: Clear statement of when the power begins and ends
  • Governing Law: Express reference to Indonesian Civil Code (KUHPerdata) jurisdiction
  • Signature Block: Spaces for principal, attorney-in-fact, and notary signatures with stamp duty
  • Witness Section: Names and signature spaces for two witnesses as required by Indonesian law

What's the difference between a Power of Attorney and an Agency Agreement?

A Power of Attorney differs significantly from an Agency Agreement in Indonesian law. While both involve representation, they serve distinct purposes and carry different legal implications.

  • Scope of Authority: A Power of Attorney grants specific powers to act on someone's behalf, often for limited transactions or time periods. An Agency Agreement creates an ongoing business relationship with broader responsibilities and mutual obligations
  • Legal Framework: Powers of Attorney are governed by Indonesian Civil Code provisions about representation, while Agency Agreements fall under commercial law and contract regulations
  • Termination Rules: A Power of Attorney typically ends with task completion or on a set date, but Agency Agreements usually require formal termination notices and may involve compensation arrangements
  • Business Purpose: Powers of Attorney focus on specific legal actions or transactions, while Agency Agreements establish long-term business relationships, often including marketing, sales, or distribution rights

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