Living abroad
Power of attorney from abroad: buying or selling without travelling
You don’t have to fly to Douala to sign before a notary. A well-drafted power of attorney is enough. A poorly drafted one comes back refused, and you lose weeks.
A specific power, not a general one
A power of attorney drafted in general terms only covers day-to-day management. To sell, buy, mortgage or sign a division, the Civil Code requires an express mandate. The power of attorney must therefore state:
- the property, with the land title number, its location and its area;
- the transaction: sale, purchase, division, release of a mortgage;
- the price or minimum price, and what the attorney may collect or pay;
- the attorney’s full identity.
Before signing anything, ask the Cameroonian notary who will receive the deed for their template. They are the one who will accept the power of attorney, or not.
Where to sign it
Cameroon is not a party to the Hague Apostille Convention. An apostille alone is not enough: legalisation is generally needed.
- In France, a 1974 judicial cooperation agreement exempts from legalisation a power of attorney drawn up by a French notary and bearing the notary’s signature and seal. A signature merely certified at the town hall does not qualify. Some Cameroonian notaries still ask for consular legalisation, so check with yours first.
- In Canada, the document signed before a notary is authenticated by Global Affairs Canada or, in some provinces, by the provincial authority, then legalised by Cameroon’s mission.
- Elsewhere, there are two routes: sign before a Cameroonian consular officer, who legalises the signature, or sign before a local notary, have the document authenticated by the local authority where required, then legalised by the embassy or consulate. Appointments, postal service and fees vary from one mission to another.
Mistakes that cost time
- A name spelled differently on the power of attorney, the passport and the birth certificate.
- A wrong or missing land title number.
- A copy sent on WhatsApp when the notary needs the original. Send it by tracked courier.
- A power of attorney signed too early, for a transaction whose terms have since changed.
Choosing your attorney
Your attorney will sign in your place and often receive or pay money. Choose someone you trust, limit their powers to the planned transaction, and have the funds go through the notary rather than through them.
If you have no one on the ground, we coordinate the file with the notary and keep you informed at every step. It is what we do for families in which some of the heirs live abroad.
Need to sign from abroad? Tell us which country you are writing from and what transaction is planned. We’ll explain the steps to follow with the notary.
This article gives general information. It does not replace advice from a notary or a lawyer on your own file.
Manfred Gabriel Njoh
Founder of Henser Group, consultant in Douala since 2011. He follows each file himself, from the first visit to signing at the notary’s office.
