Highlights
 Introduction
 Definition of the power of attorney
 Legal Framework for Power of Attorney in Tanzania
 Why is Registration of Power of Attorney Important?
 Common Challenges in Power of Attorney Registration
 Conclusion

Introduction
In Tanzania, the Power of Attorney (POA) is an essential legal document that grants one person (the “attorney-in-fact” or “agent”) the authority to act on behalf of another person (the “principal”) in legal or financial matters. The registration of a Power of Attorney ensures that the document is recognized by Tanzanian authorities and that the powers granted to the agent are legally binding. This article explores the registration process, the legal requirements, and the importance of registering a Power of Attorney in Tanzania.

What is a Power of Attorney?
A Power of Attorney is a legal document in which a principal grants an agent the authority to act on their behalf in specific matters, which could range from managing financial transactions to handling legal matters. The document can be tailored to suit different needs, whether for general or specific powers, and it can be temporary or enduring.
In Tanzania, a Power of Attorney can be used for various purposes, such as:
• Property Transactions: Allowing someone to buy, sell, or manage property.
• Business Transactions: Granting authority to make business decisions, sign contracts, or enter into agreements.
• Financial Transactions: Enabling the agent to manage bank accounts or perform financial dealings on behalf of the principal.
• Health Decisions: In cases of incapacity, appointing an agent to make medical or healthcare decisions for the principal.

Legal Framework for Power of Attorney in Tanzania
The registration of Power of Attorney in Tanzania is governed by various laws and regulations, including the Notaries and Commissioners for Oaths Act (Cap 12), the Registration of Documents Act (Cap 285), and the Law of Contract Act (Cap 345). These laws provide the framework for the creation, registration, and enforcement of powers granted under a PoA.
While a Power of Attorney does not necessarily have to be registered to be valid, registering the document with the appropriate authorities provides an added layer of legal recognition and security. It ensures that the powers granted are duly recognized in legal proceedings and other official matters.
The Process of Registering a Power of Attorney in Tanzania

1. Drafting the Power of Attorney
   Before registration, the Power of Attorney must first be drafted. It should be clear, precise, and outline the scope of authority granted to the agent. The document should specify:
   • The name and identification details of the principal and the agent.
   • The scope of the agent’s powers.
   • Any conditions, limitations, or expiration dates (if applicable).
   • A statement acknowledging the voluntary consent of the principal.
   It is highly recommended that the document be prepared by a legal professional to ensure that it complies with Tanzanian laws and accurately reflects the principal’s wishes.

2. Notarization of the Power of Attorney
   In Tanzania, a Power of Attorney must be notarized by a registered notary public before it can be registered. The notarization serves to verify the authenticity of the signatures and the identity of the principal. The notary public will ensure that the principal understands the content of the document and is acting voluntarily.
3. Submitting the Power of Attorney for Registration
   Once notarized, the Power of Attorney must be submitted to the appropriate registrar for registration. The registration process usually involves:
   • Submitting the notarized Power of Attorney to the Registrar of Documents under the Registrar of Documents Act (Cap 285).
   • Paying the required registration fee, which may vary depending on the value or nature of the transaction.
   • Completing a registration form with details of the principal, agent, and powers being granted.
   The registrar will review the document for compliance with Tanzanian laws and register it in the appropriate registry. Once registered, the document becomes a public record and can be used to authenticate the agent’s authority.
4. Issuance of Registration Certificate
   After successful registration, a certificate of registration will be issued. This certificate is proof that the Power of Attorney has been legally recognized and recorded by the Tanzanian authorities. The agent can now use this document to exercise the powers granted by the principal in transactions, legal matters, and other official processes.

Why is Registration of Power of Attorney Important?

1. Legal Recognition: A registered Power of Attorney provides formal legal recognition of the agent’s authority, making it easier to use in official transactions such as property transfers, business dealings, and financial matters.
2. Security and Protection: Registration ensures that the powers granted are authentic, reducing the likelihood of fraud or misuse of the document. It provides a safeguard for both the principal and the agent.
3. Public Record: Once registered, the document is available in the public record, making it easier for third parties, such as financial institutions or government agencies, to verify the agent’s authority.
4. Enforceability in Court: In case of any disputes or challenges to the Power of Attorney, a registered document can be presented in court as evidence. This increases the chances of the document being enforced according to its terms.
5. Ease of Use Across Regions: In Tanzania, registration can help the Power of Attorney be used across various regions and legal jurisdictions, as the registration ensures that it is recognized nationwide.
   Common Challenges in Power of Attorney Registration
   • Inadequate Documentation: Sometimes, the documents submitted for registration may not meet the legal requirements, leading to delays or rejection.
   • Complexity in Drafting: Drafting a Power of Attorney that meets legal standards can be complex, especially for those unfamiliar with legal language or procedures.
   • Disputes over Authority: There may be challenges from third parties who question the validity or scope of the authority granted, particularly in cases where the principal is incapacitated.

Conclusion
The registration of a Power of Attorney in Tanzania is a crucial step in ensuring that the powers granted to an agent are legally recognized and enforceable. By following the proper procedures for drafting, notarizing, and registering the document, principals can protect their interests and ensure that their agents have the legal authority to act on their behalf.

Disclaimer: This article is authored by Jacqueline Hima, from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions. This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.