Our services that we provide

Published: February 27, 2025
2149318525

In this direction, companies often need to manage a range of lawful and commercial matters remotely, notably when their clients are based abroad. For businesses operating in this region, the power of attorney (POA) is a key tool for agent roles. This allows company representatives, such as directors or board members, to perform essential tasks without being physically present in the country. In this article, we will explore how a POA can be issued in Lithuania, the role it plays in company operations, and what you need to know to navigate the process productively.

What is a Power of Attorney?

A POA is a formal written paper where one individual, known as the grantor, authorizes another person, the agent or representative, to act on their name. According to Article 2.137 (20) of the Civil Code of the Republic of Lithuania, the POA allows the agent to represent the grantor’s interests in dealings with third parties. This legal tool is critical in enabling individuals or businesses to delegate responsibilities without requiring their physical presence.

The Lithuanian Civil Code provides clear guidelines regarding the issuance, rights, and duties of both the grantor and the agent. The POA can be granted for specific actions or a series of tasks, depending on the requirements of the grantor.

Issuing a Power of Attorney

In this direction, the POA  is typically drawn up by the grantor. It is vital to notify that, for most purposes, the presence of the representative (the person being granted the power) is not required during the drafting of the document. The key details that need to be included are the agent’s full name, identification number, and place of residence. These details are essential for entering them into the POA.

The supervisory units to issue a POA rests solely with the company’s director or board members, who are empowered to present the organisation in lawful matters.

When is a Notary Required for a Power of Attorney?

While issuing a POA can often be a straightforward process, certain actions require additional formality. Specifically, a notary is needed for situations involving significant legal transactions. According to the Civil Code (Article 2.138), notarial certification is mandatory for actions such as:

  1. Purchasing involving property: For example, the sale or transfer of estate, where the authority to stand in front of the owner must be verified by a notary.
  2. Business transferring operations: Certain corporate actions, such as the sale or transfer of shares (especially when the value exceeds 14,500 Euros or when 25% or more of the shares are sold).
  3. Special authority transfers: If a person needs to transfer rights for handling real estate or dealing with lawful units on their behalf.

In these cases, only the original document or a certified copy will have legal validity, and copies—whether notarized or not—are insufficient.

Notably, Lithuania has a limited number of notaries—just over 250 throughout the country. This situation has prompted the development of electronic services to help streamline the process.

Online Submission of Power of Attorney

One of the more recent developments in this region is the ability to issue a POA entirely online. This system, available through the Register Center’s online platform, allows individuals to create a POA without needing to visit a notary in person. This system is particularly beneficial for foreign clients who are unable to travel to Lithuania.

When is Notarization Not Demanded?

There are situations where a POA can be issued without the need for notarization. For example, powers of attorney granting authorization to:

  • Receive correspondence, parcels, or money transfers
  • Collect wages, allowances, or pensions
  • Access administrative services or public services
  • Register or deregister vehicles

These types of powers can be granted through the Registry Center’s online platform. The POA will come into effect once it is registered, which can be done remotely. The process is efficient, and the service typically costs around 3.69 Euros.

How Does Online Registration Work?

To use the online system, both Lithuanian citizens and foreign nationals with appropriate identity documents can register on the Register Center’s platform. An electronic signature is required to complete the process. Notably, users do not have to be in Lithuania to register a POA. This has led to around 10% of powers of attorney being issued from abroad.

Once registered, the POA becomes effective. The platform allows users to verify the existence and content of any POA issued through it, eliminating the need for physical copies.

Validity and Cancellation of a Power of Attorney

A POA in this region is considered invalid unless the date of issue is specified. This ensures that both the grantor and the agent are clear on the timing of the authorization. The POA can be granted for a fixed period, such as a few months or years, or until a specific event occurs (e.g., a change in the agent’s role within the company).

If no expiry date is specified, the document remains valid for one year from the date of issuance.

Revocation of a Power of Attorney

The POA can be revoked at any time by either the grantor or the agent. According to the Civil Code (Article 2.146 Part 1), either party can refuse to fulfill the terms of the agreement. It is important to notify the other party and any third parties involved as soon as possible to ensure that the revocation is effective.

In cases where the grantor or agent becomes disabled or passes away, the POA becomes invalid. Similarly, if the legal entity that issued the POA ceases to exist, the letter will no longer be valid.

Final Thoughts

The POA is an essential legal tool for businesses operating in Lithuania, particularly for those with foreign clients or partners. Whether issued in person or online, the process offers flexibility for companies and individuals who need to handle legal and administrative matters remotely. However, it is crucial to understand when a notary is needed and the conditions for validity, cancellation, and revocation of the document.

For businesses operating in Lithuania, especially those with cross-border arrangements, apprehending the nuances of issuing a POA can simplify many legal processes and avoid potential complications. The online registration system, while still relatively new, offers a valuable solution to businesses looking to streamline their operations in Lithuania.

Table of content

Related insights

Recognition and Enforcement of Foreign Arbitral Awards in Moldova

Moldova remains one of jurisdictions in Eastern Europe where the mechanism for recognising foreign arbitral awards is formally considered to be fairly predictable; however, in practice, much depends on the quality of the documentation, the soundness of the procedural strategy and an understanding of local case law. ELI Lithuania handles international disputes, corporate projects and...

Recognition and Enforcement of Foreign Arbitral Awards in Slovakia

For a long time, cross-border commercial arbitration has served as a widely used method for resolving conflicts between parties located in different states. For firms, what truly counts is not only the arbitration process itself, but also whether they can successfully collect money or enforce decisions in a foreign adjudicative authority. In Slovakia, this system...

Recognition and Enforcement of Foreign Arbitral Awards in Serbia

Over the past few years, there has been a continuous rise in attention from the global business community toward Serbia’s legal system. This is caused by both Serbia’s strategic position and its legal framework, which is mostly harmonized with European norms. For businesses working across national borders, the process of recognizing and enforcing foreign arbitration...

Recognition and Enforcement of Foreign Arbitral Awards in Slovenia

In international business dealings, arbitration has for a long time been a common and widely accepted method for resolving conflicts. Firms working across European markets often do not just need to secure an arbitration decision; they also have to make sure that this decision can actually be carried out in a different legal system. In...

Recognition and Enforcement of Foreign Arbitral Awards in Poland

Trade disputes involving parties from different countries are quite often resolved by arbitration rather than through local courts. However, a ruling from a foreign tribunal does little use unless it can be acknowledged and implemented in another country. Poland has developed a formal and generally favourable system for this process. Knowing how this system works...

Recognition and Enforcement of Foreign Arbitral Awards in Czech Republic

To resolve disputes related to agreements signed internationally, working out a system where an arbitral award from one country automatically gains formal acknowledgement in another is a primary means. For companies taking up business inside and outside the Czech Republic, being able to implement an award made abroad as if it was a domestic one...

Recognition and Enforcement of Foreign Arbitral Awards in Romania

Due to the globalization of the economy and other aspects, the use of arbitration has increased significantly worldwide. Besides, the country in question has become an active member of the multiplication of agreements on which the nuances of the process are based. Therefore, from a formalistic point of view, regional legislation sets out clearly the...

Recognition and Enforcement of Foreign Arbitral Awards in Latvia

When businesses from different countries work together, disputes can sometimes arise. Often, these disagreements are resolved outside of the usual state courts – through arbitration or other private mechanisms. But what matters the most is the question whether an arbitral award made in another country can have an effect in another. Latvia has put forward...
Prev
Next

Feel free to contact us

Send your request for any info:

Frequently asked questions

  • To incorporate a company in any jurisdiction, please contact our specialist, we’ll send you all relevant information.

  • You can find prices for company incorporation in Prices section, to get price for other services please contact our specialist via e-mail or contact form.

  • To obtain the new license, please contact our specialist, we’ll send you requirements and list of documents needed for the procedure.

  • We have wide range of ready-made companies available, to get details about specific company, please contact our specialist.