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House passes amendments to Power of Attorney, Deeds Registry Act
Combating property fraud…
Kaieteur News – In an effort to eliminate fraud of immovable properties by strengthening laws and systems, the amendments to the Power of Attorney and Deeds Registry Act, was on Monday passed in the National Assembly.
Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, during his presentation in the National Assembly on Monday.
It is no secret that dozens of persons lost their properties by way of fraud. Fraudsters in recent years have been forging documents and selling the properties of others, unbeknownst to them. As a result, the government had announced their plan to make it harder to grant a Power of Attorney, a document that is often used in the transfer of properties.
The Power of Attorney is a written authorisation to represent or act on another’s behalf. The holder of a Power of Attorney is given the broad legal or limited authority to make decisions about the principal’s property, finances, or medical care. The amendments to the Deeds Registry Act include stiffer penalties to guard against fraud using a Power of Attorney.
The Bills were passed in the National Assembly with full support from the Government Member of Parliaments (MP), and partial support from the Opposition MPs.
During his presentation to the House on Monday, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, stated that the amendments to the two Bills, “constitute part of an array of measures in the form of legislative intervention, intended to address a fundamental problem faced by our citizenry, more particularly, those who own immovable property. One would not dispute the fundamental character, importance and premium placed upon property in any society.”
Nandlall explained that that peculiar system which Guyana has in place for land ownership has been abused in the country. He further noted that they are many instances that stand as evidence of the abuse.
The Attorney General is reported in the media saying that Power of Attorneys is one of the instruments that are being used to perpetrate these frauds. Even the Caribbean Court of Justice (CCJ) had also highlighted the high incidence of property fraud in Guyana and had called upon the National Assembly to address this issue.
The new law will require both parties to appear before a Notary Public either here, or overseas, and they will have to provide several types of identification information. The amendment will require the donor and the donee to each provide two photograph identification documents – identification card, valid passport or driver’s licence – that establish their identity.
The law would also now require certified and sealed or stamped copies of the photograph identification documents, and a separate witness statement where the donor executed the power outside of Guyana. These must be attached to the Power of Attorney and filed with the Deeds Registry. This would now be accepted as evidence in any suit, action or other proceeding, states the explanatory memorandum.
Once signed into law by the President, the law will also allow for anyone who certifies or propounds any false statement or document, or who fraudulently with intent to deceive, conceals or withholds or perverts any fact or document pertaining to a power of attorney, commits an offence, can be fined $5 million and imprisoned for five years.
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