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Authorised Representative Letter for Malta

Authorised Representative Letter Template for Malta

An Authorised Representative Letter under Maltese law is a formal document that grants specific powers and authority to an individual or entity to act on behalf of another party (the principal). The document, governed by Maltese legislation including the Civil Code and Commercial Code, establishes the scope, duration, and limitations of the representative's authority. It requires careful consideration of both local Maltese legal requirements and, where applicable, EU regulations, particularly in cross-border situations. The document serves as official evidence of the representative's authority to conduct specified activities on behalf of the principal.

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What is a Authorised Representative Letter?

An Authorised Representative Letter is a critical legal instrument used when an individual or organization needs to delegate authority to another party to act on their behalf in Malta. This document type is particularly relevant for businesses operating in or through Malta, especially when dealing with regulatory authorities, financial institutions, or commercial partners. The letter must comply with Maltese legal requirements, including provisions from the Civil Code and Commercial Code, while also considering EU regulations where applicable. The document typically includes detailed information about the parties involved, specific powers granted, duration of authority, and any limitations or conditions. An Authorised Representative Letter can be used for various purposes, from representing a company before government authorities to handling specific business transactions, and must be carefully drafted to ensure it provides adequate authority while protecting the principal's interests.

What sections should be included in a Authorised Representative Letter?

1. Letter Header and Date: Full legal names and addresses of both the principal and the appointed representative, plus date of issuance

2. Opening Statement and Identification: Clear statement identifying the principal and their intention to appoint the representative

3. Scope of Authority: Detailed description of the powers being granted and specific activities the representative is authorized to perform

4. Duration of Authority: Specific timeframe for which the authorization is valid, including start date and end date if applicable

5. Representative's Obligations: Key responsibilities and duties of the representative, including reporting requirements

6. Principal's Declarations: Confirmation of the principal's authority to grant these powers and validity of the appointment

7. Execution Requirements: Signature blocks and any specific execution requirements (e.g., witnessing, notarization)

What sections are optional to include in a Authorised Representative Letter?

1. Revocation Clause: Include when the principal wants to explicitly state conditions under which the authority can be revoked

2. Substitution Powers: Include when the representative needs the ability to delegate authority to others

3. Jurisdiction Clause: Include for cross-border representations to specify governing law and jurisdiction

4. Compensation Terms: Include if the representative will receive payment or reimbursement for their services

5. Confidentiality Obligations: Include when the representative will have access to sensitive information

6. Limitation of Authority: Include specific restrictions or limitations on the representative's authority when needed

What schedules should be included in a Authorised Representative Letter?

1. Identity Documentation: Copies of identification documents for both principal and representative

2. Corporate Authorization: If principal is a company, board resolutions or other corporate approvals authorizing the appointment

3. Specific Powers: Detailed list of specific actions or transactions the representative is authorized to perform

4. Sample Signature: Specimen signature of the authorized representative for verification purposes

5. Translation Certificate: If letter needs to be used in multiple jurisdictions, certified translations of the document

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Sector

Banking

Cost

Free to use

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