Below is a jurisdiction-neutral General Power of Attorney tailored on the assumption that Chen Hao is the Principal and Zhao Ning is the Attorney-in-Fact (Agent). Because execution formalities, scope limitations, and statutory wording vary by jurisdiction, you must adapt the governing law, witnessing/notarization formalities, and any statutory notices to the place of execution and intended use.
GENERAL POWER OF ATTORNEY
This General Power of Attorney (this “Power”) is made as of [Date].
1. Parties
- Principal: Chen Hao (陈浩), [Date of Birth], [Passport/ID No.], residing at [Address].
- Attorney-in-Fact (the “Agent”): Zhao Ning (赵宁), [Date of Birth], [Passport/ID No.], residing at [Address].
- Successor Agent (optional): [Name, ID/Passport No., Address], to serve if the Agent is unwilling or unable to serve.
2. Appointment
The Principal appoints the Agent as the Principal’s true and lawful attorney-in-fact to act in the Principal’s name, place, and stead, with full power of substitution where expressly permitted below.
3. Effective Date; Durability
Select one (complete and strike the inapplicable option):
- Option A (Durable): This Power is effective immediately upon execution and shall not be affected by the subsequent incapacity or disability of the Principal, and shall remain in effect until revoked as provided herein or by operation of law.
- Option B (Non-Durable): This Power is effective immediately upon execution and shall terminate automatically upon the incapacity or disability of the Principal, unless earlier revoked as provided herein or by operation of law.
If a “springing” effectiveness is required (e.g., effectiveness upon a physician’s certification of incapacity), replace the foregoing with a condition precedent tailored to governing law.
4. Grant of General Authority
Subject to Section 5 (Special Instructions and Limitations) and applicable law, the Agent is authorized to perform any lawful act that the Principal could perform, including the following categories of authority:
4.1 Banking and Financial Accounts: Open, close, and manage bank, payment, and custody accounts; make deposits and withdrawals; obtain bank statements; negotiate, endorse, and collect instruments; access safe-deposit boxes.
4.2 Securities and Investments: Buy, sell, exchange, pledge, and otherwise deal with stocks, bonds, funds, commodities, derivatives, and other financial instruments; exercise rights, vote proxies; engage brokers and custodians.
4.3 Real Property: Acquire, lease, manage, improve, mortgage, encumber, or sell real estate and interests therein; execute deeds, leases, assignments, security instruments, and related documents; attend registrations/recordings.
4.4 Tangible Personal Property: Buy, sell, lease, safeguard, insure, store, and transport vehicles, equipment, art, and other personal property; transfer titles and registrations.
4.5 Business Interests: Form, operate, manage, reorganize, merge, or dissolve entities and partnerships; vote membership or shareholder interests; execute governance documents; handle capital contributions and distributions.
4.6 Insurance and Annuities: Procure, modify, surrender, renew, or cancel insurance and annuity contracts; file and receive claims and benefits.
4.7 Estates, Trusts, and Beneficial Interests: Receive and receipt for bequests, devises, trust income or principal; disclaim or renounce interests only if expressly authorized in Section 5; communicate with fiduciaries and courts.
4.8 Claims and Litigation: Assert, settle, waive, mediate, arbitrate, or litigate claims; receive settlements; execute releases; retain counsel; manage e-discovery and litigation holds.
4.9 Governmental and Social Benefits: Apply for, manage, and receive benefits, subsidies, pensions, and entitlements; comply with reporting obligations.
4.10 Tax Matters: Prepare, sign, and file tax returns and elections; obtain transcripts; represent the Principal before tax authorities; receive refunds; execute powers required by tax authorities.
4.11 Digital Assets and Electronic Communications: Access, manage, preserve, and dispose of digital assets and electronic communications (including email, cloud storage, social media, domains, crypto-assets, digital wallets, and authentication credentials), to the maximum extent permitted by applicable law and provider terms.
4.12 Mail and Deliveries: Access, redirect, and control postal mail and courier deliveries.
4.13 Professional Engagements: Retain and compensate accountants, attorneys, brokers, investment advisers, and other professionals; rely on their advice; share confidential information as necessary.
4.14 Personal and Family Maintenance: Provide for the Principal’s and lawful dependents’ support, education, health, and maintenance; pay living expenses, housing, and caregiving costs.
4.15 Records and Information: Obtain, use, and disclose personal, financial, and property records to the extent necessary to exercise powers hereunder, subject to privacy laws.
4.16 International Use; Cross-Border Acts: Perform acts and execute documents inside and outside the governing jurisdiction, including legalization/apostille formalities as necessary.
5. Special Instructions and Limitations
5.1 Gifts; Self-Dealing:
- The Agent may make gifts of the Principal’s property only to the extent expressly authorized here:
[Select one and complete]
(a) Limited Gifting Authority: The Agent may make customary occasion gifts and annual exclusion gifts not exceeding the maximum amount permitted under applicable tax law per donee per year, to the Principal’s spouse, lineal ascendants/descendants, and charities the Principal has historically supported, provided such gifts are consistent with the Principal’s known objectives and financial capacity.
(b) No Gifting Authority: The Agent has no authority to make gifts.
- The Agent shall not make gifts to himself/herself or persons the Agent must support, nor forgive debts owed by the Agent or such persons, unless expressly authorized here: [Insert specific authority if desired].
5.2 Estate Planning Changes: The Agent has no authority to create, amend, revoke, or terminate a will or codicil; create or change survivorship rights, payable-on-death or transfer-on-death designations, or beneficiary designations on life insurance, annuities, or retirement accounts; or make or revoke a trust, except as expressly authorized here and permitted by law: [Insert specific authority if any].
5.3 Delegation: The Agent may not delegate authority except to a duly appointed Successor Agent or through a written, revocable sub-delegation limited to ministerial or logistical acts, unless otherwise authorized here: [Insert].
5.4 Health Care Decisions: This Power does not authorize health care or medical treatment decisions unless permitted by governing law and expressly stated here: [Insert if intended; otherwise, “None”].
5.5 Conflicts of Interest: The Agent must avoid conflicts of interest and self-dealing. Any permitted related-party transaction must be on terms no less favorable to the Principal than an arm’s-length transaction and documented in the records.
5.6 Confidentiality: The Agent shall maintain the confidentiality of the Principal’s information except as necessary to carry out this Power or as required by law.
5.7 Records: The Agent shall keep accurate records of all receipts, disbursements, transactions, and significant decisions; maintain supporting documentation; and provide accountings upon the Principal’s request or as required by law.
6. Fiduciary Duties
The Agent owes the Principal duties of loyalty, good faith, care, prudence, to act within the scope of authority, to comply with the Principal’s reasonable expectations and known estate plan to the extent known and lawful, to segregate the Principal’s property from the Agent’s own, and to preserve the Principal’s property where appropriate.
7. Compensation and Reimbursement
The Agent is entitled to reimbursement of reasonable expenses incurred in good faith and, if permitted by governing law, reasonable compensation for services. If compensation is intended to be waived or fixed, specify here: [Insert].
8. Reliance; Third-Party Protection
Third parties may rely upon a copy (including electronic copy) of this Power and on the Agent’s certification of facts relating to the Principal, the Agent, and the scope of authority, without duty of further inquiry, unless the third party has actual knowledge of revocation or invalidity. The Principal ratifies all lawful acts of the Agent within the scope of this Power. The Principal agrees to indemnify third parties who accept this Power in good faith for losses arising from reliance, except in cases of such third parties’ bad faith, gross negligence, or willful misconduct.
9. Duration; Revocation; Termination
This Power remains in effect until the earliest of: (a) revocation by the Principal via written notice delivered to the Agent and, where practicable, to known interested third parties; (b) the Principal’s death; (c) if non-durable, the Principal’s incapacity or disability; (d) as otherwise provided by law. The execution of a subsequent power does not revoke this Power unless the subsequent instrument expressly so provides.
10. Governing Law; Forum
This Power shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising under this Power shall be brought in the courts of [Venue], unless otherwise required by mandatory law.
11. Severability; Counterparts; Originals
If any provision is held invalid, the remainder shall remain in full force. This Power may be executed in counterparts, including electronically to the extent permitted by law. Originals or certified copies may be presented as required for registries or recordings.
Principal’s Signature and Acknowledgment
I, Chen Hao (陈浩), the Principal, sign this General Power of Attorney and acknowledge that I understand its nature and effect.
Principal:
Signature: ______________________________
Name: Chen Hao (陈浩)
Date: __________________
Address: _______________________________
ID/Passport No.: _________________________
Agent’s Acceptance
I, Zhao Ning (赵宁), accept appointment as Agent under this Power, acknowledge the fiduciary duties imposed by law and by this instrument, and agree to act in the Principal’s best interests.
Agent:
Signature: ______________________________
Name: Zhao Ning (赵宁)
Date: __________________
Address: _______________________________
ID/Passport No.: _________________________
Witness Attestation (if required by governing law)
The undersigned witnesses declare that Chen Hao (陈浩), whom we know or whose identity has been satisfactorily proven, signed or acknowledged this Power in our presence, appeared to be of sound mind and under no undue influence, and requested that we sign as witnesses.
Witness 1:
Signature: ______________________________
Name: _________________________________
Address: _______________________________
Date: __________________
Witness 2:
Signature: ______________________________
Name: _________________________________
Address: _______________________________
Date: __________________
Notary Public Acknowledgment (adapt to local form)
State/Province of ____________ )
County/City of _____________ ) ss:
On this ____ day of __________, 20__, before me, the undersigned Notary Public, personally appeared Chen Hao (陈浩), known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained.
Notary Public:
Signature: ______________________________
Name: _________________________________
Commission No.: _________________________
My Commission Expires: ___________________
Notes on Execution and Localization
- Confirm governing law and mandatory form requirements (e.g., statutory short-form POA, prescribed notices, specific font size, boldface warnings).
- Confirm witnessing and notarization requirements; some jurisdictions require both, and some require notarization by a local notary or consular/legalization procedures for cross-border use.
- For use in the People’s Republic of China, notarization by a PRC notarial office (公证处) or consular legalization may be required for certain transactions (e.g., real property, corporate filings). A Chinese-language version may be necessary for registries.
- For banking, securities, and tax authorities, additional entity-specific forms (e.g., bank specimen signature cards, tax authority powers) may be required.
- If durable authority is intended, ensure the durability clause conforms to applicable statute. If “springing,” define incapacity and the certifying method consistent with local law.
- Consider separate instruments for health care decisions if needed under local law.
