“When a Power of Attorney Works Against the Company: Five Mistakes Used by Opponents in Disputes” — an article by Tatiana Tereshchenko and Yulia Orlova for the publication “Arbitration Disputes”
In international transactions, the power of attorney has ceased to be a technical appendix. Today, it is an independent risk area. Differences between notarial systems, translation peculiarities, uncoordinated wording, errors in legalization, and mismatched procedures for revocation of authority have become the basis for disputes.
The article by Tatiana Tereshchenko, Head of the Analytical Department, and Yulia Orlova, Lead Lawyer at Prime Advice Law Offices, analyzes five typical mistakes used by opponents when challenging transactions: from the lack of confirmation of authority to incorrect apostille and execution of a power of attorney “in the wrong place.” Practical cases and recommendations are provided that make it possible to build a protected framework of authority and minimize risks for the company.
Keywords: foreign notariat; power of attorney; apostille; translation; risk of transaction challenge.