Terminating Powers of Attorney

New Efficient System to Terminate Powers of Attorney

Daniel Frendo | Published on 19 Dec 2016

Terminating Powers of Attorney

The Malta Government through new regulations published by Legal Notice 404 of 2016 Electronic Register (Termination of Mandates) Regulations, 2016 announced that Power of Attorneys, whether of a general or of a specific nature, can now be terminated through a simplified and most importantly a more efficient procedure.

Prior to the publication of these regulations, a Power of Attorney could be revoked by virtue of a judicial letter which was notified to all registered notaries in Malta and Gozo as well as all registered commercial banks on the islands. The newly announced procedure allows any person who had awarded a Power of Attorney (the mandator), any person in favour of which a Power of Attorney has been made (the mandatory) and any person having interest in the same Power of Attorney the power to revoke the power of attorney by submitting a designated application form to this effect to the Office of the Notary to the Government. 

A Power of Attorney, sometimes also referred to as a mandate is deemed to be a legal instrument whereby a perosn (the mandator) gives power and authorises another perosn (the mandatory) to carry out any act in the name and on behalf of the mandator - here being a general Power of Attorney, or to carry out an expressed act (or acts) on bahelf of the mandator - here being a special Power of Attorney. 

 



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