ADIS Code - G
The principal of a power of attorney may ratify an action taken by the attorney on their behalf that is, or may appear to be, in excess of the authority contained in that power of attorney. The principal protects the attorney by ratifying the attorney's act.
Possible situations for ratification include an action that is:
- not clearly authorised
- done without the express authority of the principal, but that is within the scope of the power
- permitted by the power of attorney but subject to a technical irregularity that means the power fails, eg where the power of attorney was not properly executed and the ratification corrects the situation or
- done after the power of attorney had been revoked, but before the attorney became aware of the revocation.
The power of attorney is not required.
Stamp duty - Not required.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - General Register - Deed/Instrument
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The power of attorney if registered.
(D) Indexing - The principal.
(E) Certification - not required.
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the principal is required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby ratifies/ratification...".
Principal Deed: required if the power of attorney is registered. The number of the power of attorney as stated in the ratification must be identical to the number stated on the IPF.
Execution: by the principal. The attorney does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
Ratification and power of attorney lodged together
Where a power of attorney and a separate ratification document are lodged simultaneously, register the power of attorney and then the ratification. For the power of attorney enter a Noting: "Deed of ratification registered, see [number]". The ratification must be entered under the General Frame, ie code "G", with a Noting: "Ratification of power of attorney [number]".
CA Not required
Link Conveyance: nil.
Principal Deed: the registered power of attorney.
Noting: if registered: "Ratification of power of attorney [number]".
If not registered: "Ratification of unregistered power of attorney dated ...".
V: the principal, and any variations thereof.