11Powers of attorney not to be registered except in accordance with this Act

11 Powers of attorney not to be registered except in accordance with this Act

(1)  [Section 11 Subsection (1) substituted by No. 14 of 2008, s. 7, Applied:13 Jun 2008] The Recorder must not register any power of attorney or other instrument under this Act unless it –

(a) complies with this Act; and

(b) is accompanied by a registration application.

(2)  For the purposes of this section, the Recorder is not required to examine a power of attorney or other instrument unless to ensure that it is in accordance with the forms and procedures provided by this Act.

(3)  [Section 11 Subsection (3) substituted by No. 14 of 2008, s. 7, Applied:13 Jun 2008] If a power of attorney or other instrument is lodged with the Recorder under this Act for registration and does not comply with this Act, the Recorder must –

(a) refuse to register the power of attorney or other instrument and return it to the person who lodged it; or

(b) return the power of attorney or other instrument to the person who lodged it with a notice notifying him or her that the Recorder will refuse to register the power of attorney or other instrument unless the specified corrections are made.

(4)  [Section 11 Subsection (4) substituted by No. 14 of 2008, s. 7, Applied:13 Jun 2008] Where corrections are to be made as mentioned in subsection (3)  –

(a) the Recorder may refuse registration of the corrected power of attorney or other instrument if the corrections are not made within 60 days after notice under subsection (3)(b) was given, or within such further time as the Recorder may allow; and

(b) the corrections are to be initialled by the donor and attorney.

(4A)  [Section 11 Subsection (4A) inserted by No. 14 of 2008, s. 7, Applied:13 Jun 2008] The initialling of corrections to a power of attorney or other instrument by the donor under is to be witnessed –