It is pretty simple to give your friend or relative physically present in the USA the power to sign a car sale agreement on your behalf.

Many people face issues with managing their property, car loan, or car sale if their US visa gets denied or face a long delay due to form 221g administrative processing.

How to create Power of Attorney?

Each US state has its own rules with respect to the power of attorney for the sale of vehicles.

I will take the example of Texas as that’s what has been tried and tested for this article.

Car sales in the US done using POA are considered legal. We are taking the example of Texas but the process is the same for each state.

How to create Power of Attorney in the USA:

• Texas DMV has a special Power of attorney form called VTR-271.
• You can download, print, and fill out the form.
• Sign, scan, and send a color copy of the form by email to your friend in the USA.

In this example case, the buyer was a US citizen and the person selling the car was working on an H1B visa in the US.

The H1B worker moved outside America and then was stuck in form 221g H1B stamping delays.

The car sale was executed using this POA by a friend in the state of Texas. A valid passport copy of the car owner was also given to the buyer.

This process is also helpful in case your US visa is denied and you cannot return to sell your belongings.

Documents Required

1. Power of Attorney.
2. Valid Photo ID – US driving License or passport copy.
3. Original Car Title.
4. Car Sale Agreement on plain paper.

Your friend in the USA, preferably in the same state, can take a color print of this POA and use it to sign your car’s title and sale agreement on your behalf.

Power of attorney is a legal document and you should attach your photo ID proof to make it authentic.

Notarization of PoA

Some states may require a notarized power of attorney before you can use it to sell a car.

There are two options for a notary:

• If you are in the USA at the time of the creation of the POA, you can simply visit any closest public notary and sign in front of them.
• If you are outside the USA, you can use the services of an online virtual notary.

Texas DMV’s POA form does not need a notary at this time.

Remote Notary from Outside USA

You may not be able to enter the US territory due to visa issues and the solution is to use a remote virtual notary.

The virtual notary will have a video call on Skype or similar video chat software and will ask you to show your valid photo ID.

Once verified remotely, a notary in the US can stamp your document and make it a legally notarized POA.

Some of the Online Notary companies that offer end-to-end remote notarization systems are:

• DocVerify
• Notarize
• NotaryCam
• Pavaso
• Safedocs
• SIGNiX

Online notary fees vary with each website. You can expect to pay from $20 to $100 per document notary.

National Notary organization has listed the states that have passed the remote notary law and which one is scheduled to pass soon.

FAQ

The post Sell Car in USA with Power of Attorney (Virtual Notary Allowed) appeared first on AM22Tech.

SFO embassy (San Francisco) requires Apostille by US state before attestation while New York, Washington DC, Houston, Atlanta, Chicago may or may not require Apostille.

• Attestation of power of attorney is NOT the same as registration of power of attorney.
• Attestation is a pre-requisite to registration if you are outside India – NRI (non-resident Indian).

Documents Required

1. Miscellaneous services form. Each Indian embassy their own Misc Services form format – New York, Washington DC, Houston, San Francisco, Atlanta, Chicago.
2. Original Passport + Copies of all non-blank pages including first and last page.
3. Copy of Address proof in USA – 1 address proof is required – US bank statement, driving license, utility bill, Home lease agreement, etc.
4. Valid Visa copy – Valid H1B, H4, L1, etc. Remember that B1/B2 is not considered valid for creating POA.
5. Original Visa petition – approval notice i797 or USCIS issues receipt number for extension filing.
6. Original i94 + Copies – In the case of electronic i94, just take the print-out with you.
7. Two (2) passport-size photographs to be affixed against your name on POA.

NOTE: It is advised to carry the original version of the documents with you for verification, in case the consulate asks for it.

The process of registering the POA does NOT require ‘attestation‘ if you are still in India and planning to leave soon. i.e. you are about to leave and want to give power of attorney to someone in your family or a friend.

#1 Notarize Power of Attorney

2 witness signatures are required for attestation of Power of attorney. 

A witness can be anyone holding a valid US ID proof with an address and photo.

Witnesses should preferably be other than immediate family members.

• Witnesses CAN go to Indian Consulate with you? There is NO need to get the notarization.
• Witnesses CANNOT go to Indian Consulate with you? Take signatures of 2 witnesses on this POA in the presence of Notary.

A Free notary is available in most towns’ libraries, banks like Bank of America (Free if you have an account with them), and your own office would have one.

Paid notaries are available at USPS offices/shops too.

Online notaries are also available in the USA now:

• DocVerify
• Notarize
• NotaryCam
• Pavaso
• Safedocs
• SIGNiX

You should NOT sign the POA yet. It is to be done in front of the Indian consulate.

If the notary insists on your sign, then you can sign. You will be required to sign once again in Indian Embassy.

#2 Apostille PoA

You may or may not need Apostile based on your current Passport and the Indian Embassy you are applying at.

If you need Apostille, check the US secretary of state office website for the process. Supporting documents do not need Apostille.

#3 Attestation at Indian Embassy

An in-person visit to Embassy

You should either have 2 witnesses travel with you to the embassy or have the notarized POA.

Each embassy office has a time window normally between 9 AM to 11 AM to accept in-person attestation requests.

If both you and your spouse have been named as executant in POA, then both of you need to be present in Embassy physically with your original passports.

Documents required here:

• Your original POA,
• a photocopy of this POA and
• Original passport

You would be asked to sign in front of the officer on the POA to verify your signature.

Deposit the fees and you will most probably be asked to come back after 12 PM (afternoon) to collect the attested PoA.

Show the receipt and collect the attested POA and your passport. You are all set.

By Postal Mail

You need to get all the signatures (2 witnesses + your own) notarized.

Get the fees cashier check or money order.

The return shipping check has to be made separately. The amount differs by each embassy. No need to send the return shipping envelope. They take care of it with the return shipping fees that you send.

Send the documentary proof (only photocopies) with an exception of the original passport to the Indian consulate.

Documents required to be sent by mail:

• Your original POA,
• A photocopy of this POA and
• Original passport

The consulate will attest and return the documents back to you within a week.

Registration in India

Registration of ‘attested POA’ can only be done in India.

Send PoA to India and then follow the steps to register this POA.

FAQ

The post Attestation of Power of Attorney at Indian Consulate – USA appeared first on AM22Tech.

If you have bought or thought about buying an apartment in India and can’t visit personally to take possession, use PoA.

Register Power of Attorney In India

Sharing rights with any of your family members or a friend by issuing a registered power of attorney is the legal and correct way of managing property, bank loans, stocks, and other assets located in India.

The builder or developer will also ask for a registered POA to give you possession of the flat and get it registered in your name.

Print this template for special power of attorney to share the property or apartment possession or rental rights.

If you are physically present in India and plan to leave soon

Documents Required

• The office of the registrar would need 2 witnesses to sign the POA in front of the registrar (Physical presence is required). Tip: Arrange for any 2 friends or relatives to visit the registrar’s office with you. There are always some people available outside the registrar’s office to help, with money.
• Carry self-attested documentary proof like address proof, voter ID card, passport, and Aadhar card in original along with their photocopies. You never know what they can ask for with no official published list of documents.

#1 Create POA

Write down the POA terms on an INR 100 stamp paper. At this point, the POA is termed a simple POA.

#2 Registration

Visit the office of the Registrar (commonly known as the office of the sub-registrar) for your residential location. Each region within your city may have different offices.

Example: Residents of Karol Bagh, Delhi would have a regional Registrar office located at Asaf Ali Road, Daryaganj.

#3 Photo Click

The registrar will click and store pictures of you, the POA holder, and the witnesses in the government records.

The registrar will keep a copy of the POA in government records and provide one to you with his office registry stamp. At this time, your simple POA becomes ‘Registered Power Of Attorney‘.

You are physically NOT present in India – NRI holding Indian passport

#1 Create POA

Write down POA terms on an A4-size plain piece of paper. Since you are not in India, you don’t need the Indian stamp paper.

#2 Indian Embassy Attestation

Get the POA attested by the Indian Embassy/Consulate in your country of current residence.

#3 Mail to India & Register in the SDM office

Send consulate / Indian embassy signed or attested POA to India by postal mail.

The PoA holder in India needs to get this POA registered to make it a valid document and term it as a Registered power of attorney.

Visit the SDM (Sub-divisional magistrate) office in the POA holder’s residence district in India (the person who you name in the POA) and NOT your address.

NOTE: The SDM (Sub-divisional magistrate) office and the office of the registrar are two separate government departments/offices.

Be prepared for extra money to be paid.

Processing time is 15 business days if you are okay to pay the extra charges demanded.

Once this POA is stamped by SDM, it is considered a registered power of Attorney.

No witness is required in the SDM office for registration.

Registered POA is acceptable in any government office for possession and registration (also known as conveyance deed) of property.

Education Loan POA

You can create power of attorney for taking an education loan from any national or private bank in India.

For example, You can create tried and tested power of attorney for banks like SBI, Punjab National Bank, or a private bank like ICICI, HDFC, etc to help your relative sign loan papers for you in India.

The education loan POA does not usually need registration in India. Only the notary in a foreign country or the Indian Embassy attestation is enough.

If your bank is asking you to specifically get the POA registered in India, then you can get it registered in the sub-registrar office.

The POA should also give rights to the POA holder to sign, a mortgage (any security to cover the loan) and you should explicitly mention that you will be liable for all actions taken by the POA holder.

You can create such power of attorney online using the apps.am22tech.com app. They offer a full refund if the POA is rejected by the Indian Embassy.

Real Estate/ Flat/ Land Buying Power of Attorney

The same app can be used to create power of attorney for real estate purchases, sales, possession, or getting an NRI home loan.

An NRI (non-resident Indian) can use the special power of attorney to buy, sell, or take possession of a real estate property in India.

The same POA can be used for managing home loans in India by a member of the family. Your POA holder can make payments for home loans like SBI Maxgain, HDFC, ICICI, and other banks.

Note that you will need to get the POA attested by the Indian embassy before registering it in India.

Documents Required for Registration of POA

If you are an NRI, you should check the process to have the attested power of attorney from the Indian Embassy

1. Affidavit (on stamp paper of Rs. 100) for PoA holder’s swearing for his/her identity. A nominal stamp duty of Rs. 4 or Rs. 10 also needs to be paid. Check with your local SDM office for details.
2. The Envelope which was used to send the POA from the US to India is also required. Sounds strange but it was asked by the officer in the SDM office (smelling bribe?).
3. Passport photocopies of the Executants (Person/s who have created the POA) in the Power Of Attorney. For example, both husband and wife are executants of the POA.
4. 2 (number) Address and ID proof of the POA holder. One could be a passport and another can be an electricity bill, water bill, etc.
5. A document that can prove the relationship between the POA holder and POA executants. This is completely illogical since the POA holder can be your friend too. In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother.
6. You will have to submit the original POA along with the documentary proof to the SDM office.

FAQ

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