One of the most pressing needs of Iranians abroad is to grant a power of attorney to handle their property, administrative, financial, banking, legal, and other affairs in Iran
Given the specific requirements for accepting powers of attorney in Iran and the diverse range of topics and requests individuals may have, it’s crucial to have a specialized document prepared with the assistance of experienced lawyers or legal experts. This is because these powers of attorney must be registered in the Ministry of Foreign Affairs’ Mikhak system and approved at embassies. Once issued, they cannot be edited, and if they are not accepted in Iran, the principal must redo all online and in-person processes, which can be both time-consuming and costly.
Power of Attorney Approval from the United States and Canada
Due to the political and geographical conditions of these two countries, Iranian residents of Canada and the United States can process their power of attorney applications remotely through the Iranian Interests Section in Washington.
For Iranian residents of Canada:
- Given the lack of an embassy or consulate in the country, additional facilities have been provided to allow them to carry out the identity verification and power of attorney approval process indirectly through the Ministry of Foreign Affairs’ Canada Headquarters (Tehran).
- This option is only available for powers of attorney with administrative matters.
- For powers of attorney involving financial matters such as selling apartments, land, cars, and stocks, the identity verification and approval process must be followed through the Washington office.
In both cases, registration of the request and obtaining a tracking code from the Mikhak platform is a prerequisite.
Power of Attorney Approval from Australia
Iranian residents of Australia must follow up on their consular affairs in person at the Iranian Embassy in Canberra. However, due to the vastness and distance between cities in this country, some services can be provided by mail.
One of the services that can be done remotely at this embassy is the approval and receipt of powers of attorney. However, in some cases, and at the discretion of the embassy officials, a personal visit may be required.
Starting from March 1, 2024, Iranian residents of Australia can:
- Register their request on the Mikhak platform.
- Wait for the embassy to review your request.
- If approved, sign and approve a copy of the power of attorney at a Notary Public.
- Send the signed power of attorney, along with their Iranian identification documents and consular service fees in the form of a money order, to the embassy address.
- Presumption of Acceptance: According to the law, when an individual signs an official document, it is assumed that they have agreed to its terms. If they claim to have been unaware of the content, they must prove this claim.
- Avoid Unintended Consequences: By providing specific details in the power of attorney, setting an expiration date (if necessary), and restricting the attorney’s authority, you can prevent unintended actions.
- Avoid General Powers of Attorney: It’s generally not recommended to grant broad or general powers of attorney. Instead, power of attorney documents should be specific and tailored to a particular purpose, such as selling property, handling inheritance matters, or withdrawing funds from an account.
- Consult a Legal Expert for Complex Transactions: If you plan to grant a power of attorney for transferring real estate, high-value assets, or inheritance, it’s advisable to consult with a local attorney or legal expert before drafting and verifying the document.
1.Is it possible to revoke a power of attorney in Iran?
Yes, it’s possible to revoke a power of attorney in Iran. To do so, you must create a new power of attorney through the Mikhak platform. This new document authorizes a new attorney to dismiss the previous attorney and revoke their earlier power of attorney.
2.What's the process for a lawyer to get a power of attorney in Iran?
After the power of attorney is verified by the foreign representations, the lawyer can obtain a certified true copy from the Ministry of Foreign Affairs in Tehran or its provincial offices.
3.Is having legal residency a requirement for verifying a power of attorney?
Yes, an in-person visit to the embassy, along with original Iranian identification documents (passport, national ID, and a recent birth certificate), and a valid residency permit is mandatory for verifying a power of attorney.
4.How much does it cost to have a power of attorney certified by an embassy?
The cost of notarizing a power of attorney at an embassy can vary depending on the specific type of document.
In European nations, you can expect to pay between €20 and €135.
In the United States or Canada, the fees typically range from $90 to $155.
5.In which countries can the power of attorney authentication process be completed remotely?
Currently, remote authentication of powers of attorney is available for Iranian citizens residing in the following countries:
- United States: Iranian residents can process their applications through the Iranian Interests Section in Washington after completing online identity verification. The documents can then be mailed to the Washington office.
- Canada: Due to the lack of an embassy or consulate, Iranian residents in Canada can process their power of attorney applications through the Ministry of Foreign Affairs’ Canada Headquarters (Tehran) after completing online identity verification. However, this remote option is only available for powers of attorney dealing with administrative matters. Financial matters still require processing through the Washington office.
- Australia: Although Iran has an embassy in Canberra, some services, including power of attorney approval, can be done remotely after registering the request on the Mikhak platform. However, the embassy may still require a personal visit in some cases.
6.Will I need a valid Iranian passport to get my power of attorney notarized at the Iranian embassy?
Yes, a valid Iranian passport is essential for notarizing a power of attorney at the Iranian embassy, especially if the power of attorney involves financial matters like selling property. They won’t process it without a valid passport.
7.How long does the legal validity of power of attorney documents authenticated via the Mikhak platform last?
Power of attorney documents certified through the Mikhak platform hold the same legal standing as those certified by official notaries within Iran. They are considered official documents and their validity is determined by the expiration date specified within the document itself.
8.What precautions should be taken to ensure the smooth acceptance of power of attorney documents in Iran?
9.What is the process for modifying the title or content of a power of attorney after it has been submitted on the Mikhak platform?
Unfortunately, it’s not possible to edit the title or content of a power of attorney after it has been registered and received a tracking code on the Mikhak platform. To make any changes, you must create a new power of attorney document.
10.Do the pre-written power of attorney templates provided on the Mikhak platform meet the necessary legal standards for use in Iran?
While the Mikhak platform offers prewritten power of attorney templates, it’s important to understand that these are for informational purposes only. They may not be suitable for use in Iran for the following reasons:
- Missing Crucial Details: These templates might lack essential information specific to your situation.
- Ambiguous Authority: The wording might not clearly define the attorney’s scope of authority, leading to potential confusion.
- Legal Complications: The templates might not comply with all legal requirements, potentially causing issues during legal proceedings.
Therefore, it’s strongly recommended to consult with a legal professional familiar with Iranian law to ensure your power of attorney document meets all the necessary legal standards.
Vijegan can help you draft a document tailored to your specific needs and avoid potential complications.
Iranian citizens living abroad can consult with our specialists about student affairs
After submitting your inquiry using the methods provided on our website, please wait for a response from our specialized experts.
