Legal Authorization
First: the issuance of authorizations (general and limited)
A large numbers of citizens residing abroad need to grant general or limited authorizations to be used by the people inside Iraq. The Consul needs to consider the following:
1. The authorization cannot be issued the Iraqi citizen still has the Iraq IDs.
2. The authorizations are of two types: A- General authorization: authorizes the person who gets it the right to dispose all properties of the person who authorizes him. Therefore, granting it must be accurate. This authorization does not expire unless it is abolished by the authorizer through filling out the application form for dismissing the authorized (notification and dismissal document) and attaching (informing notice) in accordance to the templates in the embassy. The general authorization is of two types (authorizing a person/model template 12 1) (authorizing a lawyer/template 12-2) the photos of the authorizer and the authorized are put and stamped.
B- Limited authorization: given for one or several specific issues, which gives the authorized a limited right to dispose within the specified issues, work, repercussions as required by the type of work or custom. For the purpose of following up a specific task or accomplish a specific job and ends with the end of its purpose (template No. 13).
C- For both general and limited authorization, a fee is paid upon ratification, which differs in the amount from one to another in a receipt (37 a).
3. The authorization is of 3 copies and is signed by the authorize himself. The first copy is given authorizer, the second is kept in the authorizations record, and the third is kept in a special file.
4. The general and limited authorization is made for one or several authorized persons, in case there were several persons in one authorization, then, they are not allowed to work individually unless expressly stated in the authorization. Also, the authorization may be written by more than one person, in this case the fees are collected depending on the number of the authorized, as if each one of them has a separate authorization.
Second, procedure followed for issuing authorizations
1. When the applicant submits his/her request, the Consul checks the applicant’s IDs such as the nationality card (Jinsiya) and nationality certificate (shahadat Al jinsiya).
2. The Consul read out the authorization to the applicant and its type (general – limited) the authorizer recognizes signs it in front of the consul.
3. The Consul fills his/her part of the authorization, namely, (I certify that …. the authorizer in this authorization is Mr. …. Identified by the (Jinsiya or shahadat Al jinsiya) dated …. Numbered …… issued on …….. from the province of ……… and I have read out the authorization items on .. /.. /200.. The Name of the Consul…………….. signature and stamp of the Consulate.
4. The Consul must write the full name of the authorizer and his/her permanent address and number and date of jinsiya and shahadat Al jinsiya.
5. Writing down the authorization in the register of authorizations and give it a number and date of issuance, and the signature of the authorizer in the register.
6. The first copy of the authorization is attached in the register and stamped equally between the register and the authorization. The general number of the authorization is the page number of the register and the register number, on the cover of the register. The register is full during the year, another register is opened number (2) and so the number of the page.
Third, instructions for issuing authorizations
A. The authorizer must appear in person in front of the Consul when issuing authorization.
B. The full information for the authorizer must be written in the register depending on nationality card (Jinsiya) and nationality certificate (shahadat Al jinsiya) and not to rely on the passport (writing the number and date of release for each of the nationality card (Jinsiya) and nationality certificate (shahadat Al jinsiya) as the real estate departments rely during the purchase transaction on the nationality card (Jinsiya) and nationality certificate (shahadat Al jinsiya) to compare it with the information in the authorization.
C. Personal photo of the authorizer is glued and stamped by the consulate stamp.
D. The number of the real estate must be written in full as in the deed (number of the land and district) not just the address (street, area, house) in case of the limited authorizations.
E. Accuracy in information of the authorizers and the authorized and the details of the authorizations.
E. Preferably, the signature of the authorizer must be in Arabic.
F. Preferably, a copy of the legal share holders and the deed must be attached.
G. Updated life certificate must be attached.
(Consular Department letter No. 8/9/1/68076 of 24/4/2008)
Note on issuing endorsement from the authorizer:
In order to reduce forgery, the Directorate of Real Estate Registration asked that an a printed endorsement must be attached with each authorization to sell a property from the authorizer to the authorized and signed by him in addition to the left thumb print on the endorsement. It must be signed and stamped by the Consul and write the full address and phone number of the authorizer on the endorsement letter. The Mission keeps a copy of the endorsement and the authorization for reference when needed, according to the attached form number (1).
(Consular Department letter No. 8/9/1/85079 on 30/8/2010)
(Consular Department letter No. 6/9/1/18840 on 24/5/2011)
Fourth: vehicles selling authorizations
For the documentation of the selling a vehicle or usage authorization on behalf of the rightful owner, the vehicle number and year of manufacture, color, and number of the VIN and engine. The authorization needs to be stamped by the Directorate of Traffic / computer in order to become effective. Three types of authorizations are used and according to the attached forms that are different from one to another, according to the purpose as follows: –
1. Model (1) is used for selling and driving vehicles.
2. Model number (2) is used for driving a vehicle.
3. Model No. (3) for purchase and registration of a vehicle.
As for the vehicles that were not recorded in Iraq and recently entered, the authorization model No. (4) is used.
Consular Department letter number:
8/4/22/74285 on 13/5/2010
8/4/2/c/86950 on 11/6/2009
Fifth: Cancelling Authorizations
Cancelling the authorization in accordance with the provisions of the civil law is done by the authorizer by filling template number (1) for the cancelling the authorized in an accurate way in addition to sending template number (2) to notify the authorized that is stamped by the consular stamp and the name and signature of the Consul to notify the authorized by the Ministry of Justice / Department of Legal Notary.
A passport copy is sent with the template. The fee for the template is taken which is 350 Iraqi Dinar which equals $1 in accordance to receipt (37a) (letter No.8/4/21/93270 on 5/8/2009).’
10:03 Baghdad
Recent Comments