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UK INSIGHTS · ENGLAND & WALES

Executing a Power of Attorney in Bangladesh

Practical guidance for Non‑Resident Bangladeshis on preparing and legalising Powers of Attorney in England & Wales so they are accepted for use in Bangladesh.

Executing a Power of Attorney in Bangladesh — TRW & Co UK branch
TRW & Co · UK branch · London

TRW & Co’s UK branch is based at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

Non‑Resident Bangladeshis (NRBs) frequently need a Power of Attorney (PoA) executed abroad to permit agents in Bangladesh to transact land, manage bank or investment affairs, or conduct litigation. The Power of Attorney Act, 2012 and the Power of Attorney Rules, 2015 prescribe format and formalities in Bangladesh; documents executed in England & Wales must be prepared and authenticated so they will be recognised on receipt in Bangladesh.

What a PoA should cover and common limits

A PoA must set out the grantor, the attorney(s), the precise powers being granted and any temporal or conditional limits. For property transactions, include up‑to‑date land identifiers (as held in Bangladeshi land records), plot references and, where useful, plan extracts. For litigation, specify case numbers and courts. Important: under Bangladesh law certain acts (for example making a will, gifts in some circumstances, or creating some trusts) may fall outside the scope of a PoA or require particular language — check the relevant statutory restrictions before execution.

Typical execution and legalisation route from England & Wales

There is a consistent authentication chain to maximise acceptance by Bangladeshi authorities and registries:

  1. Draft the PoA to meet Bangladeshi substantive and formal requirements (refer to the prescribed forms in the Rules where applicable).
  2. Have the PoA signed before a UK notary public in England & Wales. A notarial certificate confirms the genuineness of signature and capacity.
  3. Obtain legalisation from the UK Foreign, Commonwealth & Development Office (FCDO) Legalisation Office. Because Bangladesh is not a member of the Hague Apostille Convention, an apostille is not available; the FCDO legalisation stamp is the relevant UK step.
  4. Have the document attested by the Bangladesh High Commission (or Consular section) in London, unless the receiving Bangladeshi authority accepts the FCDO legalisation alone. Some Bangladeshi authorities instead request final attestation by the Ministry of Foreign Affairs in Dhaka — check the receiving office’s practice.

If the PoA is executed in Scotland or Northern Ireland, follow local notarial practice but maintain the same overall legalisation chain (local notary → FCDO legalisation → Bangladesh consular attestation or MoFA attestation as required).

Practical checklist (for NRBs executing a PoA in England & Wales)

  • Confirm the exact type of PoA required under the Power of Attorney Act, 2012 and the Power of Attorney Rules, 2015.
  • Draft powers in clear, limited terms; include land identifiers or litigation details where relevant.
  • Prepare identification documents and certified copies (passport, proof of address, NRB status documentation if applicable).
  • Arrange execution before a UK notary public; ensure witnesses comply with the Bangladeshi form requirements.
  • Obtain FCDO legalisation (allow time for processing) — apostille is not applicable for Bangladesh.
  • Arrange attestation with the Bangladesh High Commission in London or confirm in‑country Ministry of Foreign Affairs requirements.
  • If the PoA is on behalf of a company, secure an appropriate board resolution and company authentication (seal) as required under Bangladeshi company law.
  • Consider certified translations into Bangla where authorities will expect a Bengali text.
  • Obtain local Bangladeshi legal advice before using the PoA in transactions or court proceedings; some registries require in‑person registration at sub‑registrar or court.

Jurisdiction and sources

Relevant official sources include:

  • Power of Attorney Act, 2012 (Bangladesh)
  • Power of Attorney Rules, 2015 (Bangladesh)
  • Ministry of Law, Justice and Parliamentary Affairs (Bangladesh)
  • Ministry of Foreign Affairs (Bangladesh)
  • Bangladesh High Commission, London
  • UK Foreign, Commonwealth & Development Office (Legalisation Office) guidance

Final considerations: the formal and administrative requirements for Bangladeshi authorities are exacting and can change; procedural steps differ depending on whether the PoA relates to land, corporate matters or litigation. Always confirm the receiving office’s requirements and use Bangladeshi local counsel to verify acceptance in‑country.

General information only; not legal advice and not a substitute for advice on a particular matter.

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General information only; not legal advice and not a substitute for advice on a particular matter. The law and guidance can change, and Scotland and Northern Ireland may differ.