Sub-Delegation of Authority: How to Transfer Powers Under a Power of Attorney and What Limits Apply

What Is Sub-Delegation and When Is It Needed?

Sub-delegation is the transfer by an attorney-in-fact (the person named in a power of attorney) of their authorised powers to another individual. In my notarial practice, I regularly encounter situations where the original attorney-in-fact is simply unable to carry out the mandate personally — they may be travelling abroad for work, dealing with illness, or the scope of tasks requires more than one person to handle. That is precisely when the question of sub-delegation arises.

It is essential to understand from the outset: sub-delegation is not an automatic right. It must either be expressly permitted by the original power of attorney or arise from circumstances where the attorney-in-fact is compelled to act in the principal's interests without being able to reach them.

Key points:

• Sub-delegation is only permissible if authorised in the original power of attorney or necessitated by the need to protect the principal's interests.
• A power of attorney granted by way of sub-delegation must, as a rule, be notarially certified.
• The term of a sub-delegated power of attorney cannot exceed the term of the original instrument.
• The principal retains the right to revoke both the original power of attorney and any sub-delegated instrument at any time.

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Conditions and Procedure for Formalising Sub-Delegation

Sub-delegation is effected by way of a separate power of attorney, which must be certified by a notary. The attorney-in-fact is obliged to notify the principal that sub-delegation has taken place and to provide details of the new representative. Failure to do so exposes the attorney-in-fact to liability for the acts of the person to whom the powers were transferred.

I always recommend preparing all documents in advance and defining precisely which powers are being transferred. During the appointment, my client and I go through each provision carefully so that the new representative can act with confidence, while the principal retains full oversight of the situation.

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Restrictions: What Cannot Be Done Through Sub-Delegation

Not all powers can be transferred by sub-delegation. Certain actions are ones the principal originally intended for a specific individual — they carry a personal and fiduciary character. Where the text of a power of attorney indicates that it was granted with the personal qualities of the representative in mind, sub-delegation of those powers is generally not possible.

In addition:

• Chains of sub-delegation are restricted under Uzbek law — powers cannot be passed indefinitely from one person to the next.
• Scope: the powers transferred cannot be broader than those held by the attorney-in-fact; you cannot convey what you do not possess.
• Revocation of the original power of attorney automatically terminates all instruments issued by way of sub-delegation.

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Documents to Bring to the Notary

• Passport of the attorney-in-fact (the person arranging the sub-delegation)
• Original power of attorney
• Passport details of the new representative (or their personal attendance — confirm in advance)
• A clear understanding of the specific powers being transferred

Please verify current notarial fees for certifying a sub-delegated power of attorney directly with the notary at the time of your visit, as tariffs are subject to periodic revision.

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Frequently Asked Questions

Can sub-delegation be arranged if it is not mentioned in the original power of attorney?

As a general rule, no. The exception is where compelling circumstances arise and the attorney-in-fact cannot reach the principal but must act in their interests. Such situations are assessed on a case-by-case basis.

Does the principal need to be present when sub-delegation is executed before the notary?

No, the principal's presence is not required at the notary's office. However, the attorney-in-fact is obliged to notify them after the fact.

What happens to the sub-delegation if the original power of attorney is revoked?

It ceases to have effect automatically. For this reason, the new representative should always verify that the entire chain of powers of attorney remains valid before taking any action.

Can the new representative sub-delegate the powers again?

Law restricts further chains of sub-delegation. In practice, a second sub-delegation is generally not permissible without a specific, separate instruction from the principal.

How long is a sub-delegated power of attorney valid?

Its term cannot exceed the term of the original power of attorney. The specific duration is determined at the time of execution.

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> Please note: This article is for general information purposes only and does not constitute a substitute for individual notarial advice. Every situation has its own particularities that must be assessed separately.

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Book a Consultation

If you need to arrange sub-delegation, or wish to confirm whether an existing power of attorney permits it, please contact my notarial office in the Yunusabad district of Tashkent. We will review your situation together, prepare the documents correctly, and avoid unnecessary delays.