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Power of attorney

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  1. #1

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    Power of attorney

    A proposal we are submitting requires a power of attorney:

    An authorized representative of the Consultant shall sign the original submission letters in the required format for both the Technical Proposal and...the Financial Proposals and shall initial all pages of both. The authorization shall be in the form of a written power of attorney attached to the Technical Proposal.

    Which is kind of bizarre, because I'm a Director (and shareholder) of the company so of course I can sign proposal documents.... anyway so I asked our company secretary and they want to charge USD250 for such a letter, which sounds outrageous.

    We were thinking of just drafting something and getting one of the other Directors to sign it. Does anyone know what these things are or if there is a "proper" format for one? I've never come across such a stupid request before (I think... some of my philipinne proposals had some odd stuff in there!) and I've been a Director for 6 years.....!


  2. #2

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    There is a nice writeup on HKCLIC.
    CLIC - Enduring Powers of Attorney

    You'll have to use a specific form and can't just write it up yourself. It's rather complicated and USD250 sounds about right.


  3. #3

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    Quote Originally Posted by mrgoodkat:
    There is a nice writeup on HKCLIC.
    CLIC - Enduring Powers of Attorney

    You'll have to use a specific form and can't just write it up yourself. It's rather complicated and USD250 sounds about right.
    Thanks - but that relates to one for personal use. The fact is I don't NEED a power of attorney to act for my business - I already have the authority - so it's kind of odd to have to draft something. I think we will probably just use one of the templates I found online and get one of our other directors to sign it. Which is ludicrous but hopefully will keep the idiots happy.

    If they had asked for "proof you can sign" that would have been far more sensible.

  4. #4

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    Quote Originally Posted by HK_Katherine:
    Thanks - but that relates to one for personal use. The fact is I don't NEED a power of attorney to act for my business - I already have the authority - so it's kind of odd to have to draft something. I think we will probably just use one of the templates I found online and get one of our other directors to sign it. Which is ludicrous but hopefully will keep the idiots happy.

    If they had asked for "proof you can sign" that would have been far more sensible.
    Does seem strange. Has something been lost in translation?

  5. #5

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    usually the board of directors confers power of attorney to the CEO (including the ability to delegate further) who can delegate this power of attorney further. i am assuming that you are the director and ceo of your company, which means you should be able to confer a 'board meeting' to grant the power of attorney to yourself.

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  6. #6

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    I can send you an example if you want. You will need to amend the scope of the power but you may find it useful.

    Pm me your email address.

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  7. #7

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    A resolution of the board authorising any one director to sign the proposal would usually be sufficient. If they do insist on a power of attorney, US$250 is cheap.

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  8. #8

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    Quote Originally Posted by hullexile:
    Does seem strange. Has something been lost in translation?
    Very likely. Its not Philippines but somewhere even less developed (and clearly more beaurocratic!)

  9. #9

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    Hi, can you PM me, I would take a quick squeeze at the document in a bit more detail to figure out what's going on.


  10. #10

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    HK_Katherine,

    I have come across similar wording in construction & engineering tenders - from what I understand it is, if correctly drafted, a statement from the Board of Director's conferring the authority to legally offer or commit the company - if you are a Director then generally such is not required. However, if the client wants to tick the box on this item, then as someone already mentioned often a Board Meeting of a Company is convened with the necessary quorum to formally conclude the authority of 1 director to commit the company legally.

    In certain locations the a true copy need to be certified by a public notary - the original isn't accepted but I guess that's just the lawyers using their political connections. One of these things that just add to cost of operating but you cannot avoid - I have had similar issues in Taiwan and Burma where u have to pay for a translation which includes a statement from the translator stating he / she shall not be responsible for the accuracy of the translation. If its business u want then u just have to pay them!

    HK_Katherine and shri like this.

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