N Usage of PAO s5(2) s5(4) a, b

Ultra vires, if a person comes said claiming POA. The main concerns
are false, fraud.
What LAW should be done to give certain protection to abscond him from
liability.
1. Conclusively Valid? If not, void
3 conditions,
scope: powers to sell, not revoke.
power to sign,
transfer, assignment executed.
(Also, is there a power to receive on half of done. Contract Prefectduam Rule,
ever)
REVISE,
Company as Principal needs Power of Attorney too.
Validity execution Question can help with the execution of the PA
Check 2015-16 PP
The source of the Power
The document executed by virtual of these power
Lack of revocation is hard to ascertain, how people know if attorney
has been sacked?
S5(2) protect the people if the power is without knowledge of the
revocation
=> (Deemed to be) As if the power had been in existence
To prove, the conclusive presumption of no knowledge of revocation of the PA
to deem it still in existence
3 months, within and after, but not before? First one, ‘3 months before
completion’ is invalid, coz it does not happen yet.
 What about the
Requisition To see the statutory declaration.
N+1 Evidence of non-revocation, and evidence of non-revocation given by
s5(4)(b).
Person, person dealing with the donee [statutory person],
The next to good title: What to prove for ‘There is evidence that
there is ‘no real risk of a successful challenge to title’
A letter of confirmation from a donor confirming the donee is valid and
subsisting at the time of release.
Executing it will count as an estoppel to stop the donor reasserting the
ownership of the property.
The window to locate the statutory person, is before and after the completion.

In WOC, subsequently made another declaration.

C3 A requisition is necessary in connection with the due execution of
the UB4113453 by the vendor.

 The date of the assignment was 15 June 1989, which is more than 15 years
from now.
 Logically speaking, the relevant power of attorney for execution of that
receipt must be at a time even earlier than the receipt.
 Under s13(4A) CPO, if a title deed was executed under a power of attorney
which was executed more than 15 years ago, there is a conclusive
presumption that the relevant power of attorney
(i) Was validly executed
(ii) Was in force at the time of execution
(iii) Validly authorized the execution of the receipt on discharge
 No need to raise a requisition
C5: A requisition is not necessary in connection with the execution of the
Release Memorial No UB8978012 by the Lender named therein. (8 marks)

Again no PoA
(i) Check scope of authority
(ii) Due execution – check sealing provision
(iii) Validity – date of PoA irrelevant

Check revocation, within 12m of the execution, coz once conclusive, s5(2) of
PAO means transaction is valid.

Date of Release: 29th Oct, 2003

*ideal date of PoA is at most 30th Oct 2002
*if dated earlier than 30th oct 2002, then cant use s5(4)(a)??
*if dated later than 30th Oct 2002, need to rely s5(4)(b), because no PoA
provided

Cheng Shan Wai and Ngai Shan Ting are 2 persons dealing with donee (if these
2 ppl cant make SD, only hope is to contact Nanyang!)
Nanyang commercial bank limited – donor is valid and subsisting to the time
of release.

False.
Requisition is needed as there is no evidence of a power of attorney provided.

 There is no PA provided – statutory presumptions

o s.5(2) PAO ‘where the power of attorney has been revoked and a
person without knowledge of the revocation, deals with the donee,
of the power the transaction between them shall, in favour of that
person, be as valid as if the power had been in existence
o s.5(4)(a) – PA was completed within 12 months of the release,
there is a conclusive presumption that the donee has no
knowledge of the revocation.
o If it is dated more than 12 months s.5(4)(b) need a statutory
declaration by the person dealing with the donee, there will give
conclusive presumption that the in favour of the purchaser that at
the person did not know of the revocation of the power.
o Au Siu Wing Jacky - made within three months of any
subsequent transaction *golden period* is 3 months. The
statutory declaration needs to be attached to the transaction.
 Statutory declaration must be made either 3 months after
the assignment/release; or
 Between the sale and purchase and within 3 months after
the assignment
 Between subsequent sale and purchase and within 3
months from the assignment
 o WOC Finance Co. Ltd
 Mortgagor is the person dealing with the donee (the mortgagor who uses
a PA)
 Bank is releasing the mortgage
 Because this is a bank, and the PA is over 12 months, we will accept a
confirmation letter from the Bank saying the PA had authority
 If it is an individual – need a statutory declaration.
 Mortgagor is the vendor in this transaction because they are selling the
property.
 Statutory transaction will then be filed with the bundle