Comment to Article 168. Term of power of attorney of the Civil Code of the Republic of Kazakhstan  

The legislation imperatively sets a deadline for which a power of attorney can be issued - 3 years. The term of the power of attorney is indicated in the text of the power of attorney itself and may not exceed a three-year period. At the same time, this article establishes complementary norms: if the power of attorney specifies a period longer than three years, the power of attorney is valid for only three years; if no period is specified at all, in this case the power of attorney is valid for one year from the date of issue.

The date of issue of the power of attorney is mandatory and is important for its validity. The absence of the date of issue of the power of attorney entails its invalidity. Specifying the deadline for the validity of the power of attorney does not replace the obligation to specify the date of issue and cannot make up for it.

Despite the simplicity of this requirement, in practice, there are frequent cases of issuing powers of attorney without specifying the date of issue and subsequently invalidating them because of this.

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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.  

Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.

Deputy head Professor Basin Yu.G.