Our London office (Holborn Gate, 330 High Holborn, WC1V 7QH) regularly supports international clients who need to appoint agents to act in another jurisdiction. This note sets out practical, high‑level considerations for non‑Bangladeshi individuals who wish to grant a power of attorney (POA) intended to be used in Bangladesh. It is framed for an international audience and concentrates on cross‑border execution, scope, formalities and risk management.

Types of POA and drafting considerations

A POA may be general (broad authority) or special/specific (authority limited to defined tasks). For cross‑border matters you should:

• Define the scope precisely — list powers, transactions, property and time limits to reduce ambiguity.
• Specify any exclusions and any conditions for exercise (e.g. joint signatures, pre‑notification to a named professional).
• Address revocation and automatic expiry events (death, incapacity, completion of sale) clearly.
• Consider whether an irrevocable instrument is intended (commonly relevant only in particular commercial or property contexts) and whether local law recognises and accepts such instruments.

Execution and cross‑border formalities

Cross‑border use of a POA commonly attracts additional formalities. Typical practical steps include notarisation by a local notary public, authentication by the issuing country’s competent authority and any required consular legalisation or apostille depending on the donor’s country. The exact sequence depends on both the donor’s home state and the receiving jurisdiction’s rules.

Translations: if the POA will be presented to officials, banks or registries in Bangladesh, a certified translation into Bengali or English (as required locally) may be needed. Keep original executed documents and certified copies.

Local registration, property and transactional risks

Where the POA will be used for immovable property, registration or specific filings may be necessary under local practice. Parties should assess:

• Whether the POA must be registered with a local registry to be effective against third parties;
• Tax reporting or withholding implications arising from transactions executed under the POA;
• Anti‑money‑laundering and client‑due‑diligence requirements imposed by banks and local authorities.

Engaging local professional advisers in Bangladesh early in the process reduces the risk of rejected documentation or unexpected compliance burdens.

Practical checklist

1. Clarify the objective: specific transaction(s) and timeframe.
2. Draft scope: identify powers precisely; include limitations and revocation terms.
3. Prepare identity documents: certified ID, proof of address and any corporate documentation for corporate donors.
4. Execute before an authorised officer: notary public and follow home‑jurisdiction authentication steps (apostille or consular legalisation where applicable).
5. Obtain certified translations if required by the receiving authority.
6. Confirm acceptance: check with the relevant Bangladesh office, bank or registrar whether additional steps (registration, local witnesses, stamps) are required.
7. Retain originals and provide authenticated copies to the agent and local counsel.

Jurisdiction and sources

• Foreign, Commonwealth & Development Office (FCDO) – consular guidance on legalisation and documents for use overseas.
• HM Land Registry – general guidance where English property or conveyancing practice is relevant by analogy.
• High Commission of the People’s Republic of Bangladesh in London – contact point for authentication/consular requirements and local guidance.
• Ministry of Foreign Affairs, Government of Bangladesh – for information on document acceptance and consular matters.

Engage local counsel in Bangladesh for jurisdiction‑specific requirements, registration practice and tax consequences before relying on an overseas POA in that jurisdiction.

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