POWER OF ATTORNEY
A Power of Attorney given on by [Insert name] (NRIC No. ) of [Insert address](hereinafter called “the Donor”) in favour of [Insert name] (NRIC No. ) of [Insert address] (hereinafter called “the Donee”)
WHEREAS :-
- The Donor is the registered and beneficial owner of all that piece of lands known as:
- [Insert land details] (hereinafter collectively called “the said Lands”)
- By a Consultancy Agreement (hereinafter called “the Agreement”) dated entered between the Donor and the Donee, the Donor has agreed to engage and appoint the Donee to deal with the construction and project management works on the said Lands (hereinafter called “the Development Project”)
- It is a term of the Agreement that the Donor executes this Power of Attorney in favour of the Donee.
- In accordance with the terms of the Agreement, the Donor as the registered and beneficial owner of the said Lands has agreed to appoint the Donee to be its attorney and/or its attorneys in the name of the Donor or on the Donor’s behalf to deal with the Development Project in the manner hereinafter stipulated
NOW THIS DEED WITNESSETH that in consideration of the premises, the Donor irrevocably appoints the Donee as attorney of the Donor and in the Donor’s name or in the name of the attorney or otherwise and on the Donor’s behalf to deal with any matter or matters under or in relation of the Development Project on the said Lands thereto and to perform the following acts:
- To liaise, prepare, execute, seal, initial, and do any act, matter or thing that is necessary or expedient and to submit all applications necessary and incidental in respect of planning and development of the said Lands and the construction and sale of the Development Project;
- To engage in the name of the Donee, solicitors, architects, engineers, surveyors, project managers and other consultants or agents in respect of any matter in connection with the Development Project or otherwise as contemplated in the Agreement;
- To make, sign execute and submit any and all applications or instruments, deeds, letters, title deeds and or plans to the appropriate authorities for the approvals, permissions, permits, consents and licences;
- To appear before the appropriate authorities in connection with any of the matters herein contained and to communicate, liaise, agree and compromise with any of such appropriate authorities on any matters, terms and conditions in connection therewith as the Donee may deem fit;
- To sign or otherwise execute all such sale and purchase agreements, memoranda of transfers, assurances, conveyances, instruments and documents whatsoever for the purposes of transferring and vesting the legal title (whether individual or strata titles) and beneficial ownership of all the various buildings and houses comprised in the Development Project in the various purchasers and to collect and receive from all such purchasers the purchase money payable in respect thereof;
- To sign, execute or grant such consents and
approvals of
tthe assignments of the rights, title and interest of the purchaser in and to the sale and purchase agreement and the property comprised under the Development Project to any financial institution or lender as security for providing end-financing to such purchaser;
- To demand, recover and receive from all and every person, body corporate or politic, company or firm and to give good receipts and discharges for all sums of monies, debts, due costs and expenses which may now or at any time hereafter be due owing or payable to or recoverable by the Donor in connection with the Development Project;
- To otherwise execute all such documents and instruments and do such acts, deeds and things as may be necessary or expedient for the purposes of implementing the Agreement;
- To act as authorised signatory of and to operate any accounts of the Donor opened and maintained with any financial institution or lender from time to time in any manner other than by signature, including the operation of such accounts through electronic means such as by the use of PINs, telephones, computer terminals and any other means or services made available to Donor and to sign, endorse or otherwise issue cheques, promissory notes, orders, bills, instructions or receipts in respect of the accounts thereto;
- To deposit, withdraw and deal with the Donor’s securities or properties or documents of title thereto with or from any financial institution or lender from time to time, whether by way of security or otherwise;
- To cause this Power of Attorney to be registered with the registry of the High Court in Malaya at Kuala Lumpur or elsewhere and in the books of any other authorities and companies as may be necessary or so desirable
AND the Donor hereby gives and grants the Donee the power and authority to act for the purposes of this Power of Attorney as if the Donor itself was present and performed the same and shall hereby agrees and undertakes at all times hereafter to ratify and confirm whatsoever the Donee shall lawfully do or cause to be done in or about the Development Project while acting in pursuance of the authority conferred on the Donee by virtue of this Power
AND the Donee may appoint a substitute or substitutes to act as the Donee in the Donor’s place and may revoke such appointee at any time.
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IN WITNESS WHEREOF the DONOR has hereunto set his/her hand.
SIGNED by the )
DONOR )
in the presence of: – )
……………………………………
Name:
NRIC No:
AUTHENTICATION OF POWER OF ATTORNEY
I, [Insert name] (NRIC No.) an Advocate and Solicitor of the High Court of Malaya / Sabah & Sarawak practising at [Insert place of practice] hereby certify that on the signature(s) / thum-mark(s) of the donor(s) abovenamed was/were written in my presence on this day of and is/are, to my own personal knowledge, the true signature(s) / thumb-mark(s) of:- [Insert Donor name and NRIC no.] who has/have acknowledged to me that he/she/they is/are full age and that he/she/they has/have voluntarily executed this instrument.
Witness my hand,
……………………………….………………
