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Powers of Attorney Act (Northern Ireland) 1971

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7Execution of instruments etc., by donee of power of attorney.N.I.

[F1(1)If the donee of a power of attorney is an individual, he may, if he thinks fit—

(a)execute any instrument with his own signature, and

(b)do any other thing in his own name,

by the authority of the donor of the power; and any instrument executed or thing done in that manner shall,subject to subsection (1A), be as effective as if executed by the donee in any manner which would constitute due execution of that instrument by the donor or, as the case may be, as if done by the donee in the name of the donor.]

[F1F1(1A)Where an instrument is executed by the donee as a deed, it shall be as effective as if executed by the donee in a manner which would constitute due execution of it as a deed by the donor only if it satisfies the requirements of paragraph (2) of Article 3 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005.]

F1(2)Where a person is authorised under a power of attorney to convey any interest in property in the name or on behalf of a corporation sole or aggregate, he may execute the conveyance as provided in subsection (1) or he may as donee of the power execute the conveyance by signing the name of the corporation in the presence of at least one witness,F1... and such execution takes effect and is valid in like manner as if the corporation had executed the conveyance.

(3)Where a corporation aggregate is authorised under a power of attorney to convey any interest in property in the name or on behalf of any other person (including another body corporate), an officer appointed for that purpose by the board of directors, council or other governing body of the corporation by resolution or otherwise, may execute the deed or other instrument in the name of such other person; and where an instrument appears to be executed by an officer so appointed then, in favour of a purchaser the instrument is deemed to have been executed by an officer duly authorised.

(4)In this section “purchaser” has the meaning assigned to it by section 4(6).

(5)This section applies whenever the power of attorney was created.

F12005 NI 7

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