A power of attorney determines who can act on behalf of a company or individual — and under what constraints. Control over an asset, a transaction, or a corporate decision often flows through this document rather than through the ownership register. Establishing what a power of attorney actually authorises, and whether that authority remains valid, is a distinct analytical task from reading the share register.
The angle here is control: not who owns the entity on paper, but who can bind it, represent it, or dispose of its assets. A power of attorney is one of the primary instruments through which control is delegated or concealed.
A power of attorney is a formal instrument. Its existence, its scope, and its parties are in principle verifiable — but the verification path differs sharply across legal systems.
In civil law jurisdictions, powers of attorney for significant transactions are typically notarised. The notarial act enters a register. That register may be searchable by third parties, or it may be accessible only to parties with a demonstrated interest. In common law jurisdictions, the document itself is the primary evidence: it is produced, examined, and authenticated rather than retrieved from a central archive.
What a source can confirm, when the document is available:
What no source confirms automatically: whether the authority was exercised, whether it was later revoked by a separate instrument, and whether the grantor had legal capacity at the moment of signing.
Source: notarial registers and commercial registry filings · extracted September 2026
A power of attorney can transfer operational control without appearing in the ownership register. A director named in the commercial register may act under instruction from an attorney-in-fact who holds no registered position. A shareholder may grant a proxy that effectively transfers voting control for a defined period.
These arrangements are not inherently improper. They are, however, material to any assessment of who actually controls the entity at a given moment.
The sources that can illuminate this layer include:
Each of these sources has a different access regime, a different retention period, and a different level of completeness. A power of attorney that was never notarised, never filed, and never challenged leaves no trace in any of these sources.
Source: national notarial registers, commercial registers, apostille authorities · extracted September 2026
There is no single global register of powers of attorney. The retrievability of a document depends entirely on the legal system in which it was executed and the purpose for which it was used.
| Jurisdiction type | Primary source | Access condition | Typical limitation |
|---|---|---|---|
| Civil law (notarised) | Notarial register | Legitimate interest or party status | Retention period varies; older documents may be archived or destroyed |
| Common law | Document itself | Produced by a party or obtained via disclosure | No central archive; existence confirmed only if document is presented |
| Commercial register filing | Register of companies | Public or semi-public depending on jurisdiction | Filed only if required for a specific registered act |
| Apostille chain | Competent authority records | Varies; some authorities maintain searchable logs | Authentication confirms form, not content or current validity |
The table above describes mechanisms. Specific fees, processing times, and access procedures are set by each authority and published in its own tariff. No figures are stated here because no verified tariff data is available for this row.
Source: Hague Conference on Private International Law (apostille), national notarial chambers, national company registries · extracted September 2026
A power of attorney can be revoked at any time by the grantor, unless it is stated to be irrevocable. Revocation is typically effective from the moment the attorney-in-fact receives notice — not from the moment a register is updated, if a register is updated at all.
This creates a structural gap. A source may confirm that a power of attorney was executed. It cannot confirm, from the same source, that the power has not since been revoked by a private notice that was never filed anywhere.
The only way to narrow this gap is to combine sources: the original document, any revocation instrument, and evidence of whether the attorney-in-fact had notice of revocation before acting. In cross-border transactions, this combination requires access to records in multiple jurisdictions.
This is not a limitation of the analytical method. It is a structural feature of how powers of attorney operate in most legal systems. The ceiling of what the sources allow is stated before any engagement begins.
Source: general principles of agency law across surveyed jurisdictions · extracted September 2026
The sources establish the existence and formal content of a power of attorney. They do not establish:
In jurisdictions where notarial registers are not publicly searchable, the existence of a power of attorney is confirmed only if the document is produced by a party. No search of a closed register can return a negative result that means the document does not exist — it means the document was not found in the sources consulted.
Where the sources disagree — for example, where a commercial register filing references a power of attorney that cannot be located in the notarial archive — that discrepancy is itself a finding. It is reported as such, not resolved by inference.
The ceiling of what the sources allow is stated before payment.
Discrepancies between sources are findings, not failures. The following patterns recur across jurisdictions:
Register filing references a document that cannot be retrieved. A commercial register entry may state that a power of attorney was filed as a supporting document, but the document itself is not available for inspection. This may reflect archiving practice, a restricted access regime, or a filing error.
Document presented differs from the version on file. Where a notarised power of attorney was filed with a register, and a party later produces a document that differs in scope or date, the discrepancy requires explanation. The sources do not resolve it; they record it.
Revocation claimed but not documented. A party may assert that a power of attorney was revoked. If no revocation instrument can be located in any accessible source, the assertion cannot be confirmed or denied from the sources alone.
Each of these patterns is reported with the source consulted, the date of consultation, and the specific gap identified.
An analysis of a power of attorney document proceeds through a defined sequence:
The output is a factual record of what the sources show, what they do not show, and where the chain of evidence ends. No legal qualification of the facts is made.
Can a power of attorney be verified without the cooperation of the parties? In jurisdictions with accessible notarial registers, the existence and formal content of a notarised power of attorney can be confirmed from the register, without the cooperation of either party. In common law jurisdictions and in civil law jurisdictions with closed registers, the document must be produced by a party or obtained through a formal disclosure process.
Does the absence of a record mean the document does not exist? No. A negative result in a register search means the document was not found in the sources consulted under the access conditions that applied. It does not mean the document was never executed. An unnotarised power of attorney leaves no register trace by definition.
What happens if the power of attorney was executed in one jurisdiction and used in another? The document must satisfy the formal requirements of both jurisdictions: the place of execution and the place of use. An apostille authenticates the form of the document for cross-border recognition. It does not confirm the current validity of the authority or whether it has been revoked.
Is a general power of attorney different from a specific one for analytical purposes? Yes. A general power of attorney grants broad authority and is more likely to be the instrument through which operational control is delegated. A specific power of attorney is limited to a defined act. Both are verifiable through the same sources, but the scope question — what the attorney-in-fact could actually do — differs materially between them.
How long does a power of attorney remain valid? Validity depends on the terms of the document and the law of the jurisdiction of execution. A document with no stated expiry may remain valid until revoked. Some jurisdictions impose statutory limits. The sources confirm what the document states; they do not confirm whether the legal conditions for continued validity are met.
Disclaimer: This report is a factual compilation from official registers and public sources. It is provided for informational purposes only, does not constitute legal advice, and contains no legal qualification of the facts established. VLO Law Firm assumes no liability for actions taken or not taken based on this material. For advice regarding your particular situation, please contact info@vlolawfirm.com.
Author: James Whitfield — Partner, UK & Common Law, VLO Law Firm