What to check when someone signs as a representative

What to check when someone signs as a representative

When the person at the table is not the principal party but someone acting on their behalf — an attorney under a power of attorney, a company director, a trustee — verifying that individual's identity is only part of the work. You also need to confirm that the authority exists, that it covers the transaction being signed, and that the details of the person or entity being represented match what appears in the deed or contract.

Two documents, one review

Representation always involves at least two documents:

• The authority document: a power of attorney, a board resolution, a trust deed, a certificate of appointment, or equivalent depending on the type of transaction.
• The identity document of the person physically present to sign.

Both need checking in parallel. Verifying the representative's ID without reviewing the authority document — or vice versa — leaves the check incomplete.

What to look for in the authority document

The principal's details

The name and identification number of the person or entity being represented must match what appears in the deed or contract being signed. If the transfer of land names one company and the board resolution uses a slightly different variant — a missing word, an abbreviated form, one digit out of place — that is a discrepancy to flag before the appointment continues.

The representative's details

The name on the authority document must match the name on the representative's current ID. The most common mismatch here is a name change: the power of attorney was granted under a maiden name, but the passport or driving licence now shows a married name, or vice versa.

Scope of the authority

The authority document must cover the type of transaction being signed. A general power of attorney does not always extend to disposals of property. A specific authority may be limited to a particular asset, a maximum value, or a named counterparty.

The question here is not one of legal interpretation — that belongs to the solicitor or conveyancer — but of document consistency: does the type of transaction described in the authority match what the deed says is happening? If the board resolution authorises a lease and the document in front of you is a sale, there is a mismatch to raise before proceeding.

Expiry

Some powers of attorney carry an explicit expiry date. Document review can confirm whether the authority has expired on its face: it is a straightforward comparison between the expiry date stated in the document and the date of the transaction. Revocation is a different matter — document comparison cannot resolve that alone — but if the authority includes an expiry date, that date belongs in the review.

When the details do not line up

A discrepancy is not necessarily a dealbreaker. It is a reason to pause and document what you have found. The typical paths forward are three:

1. The mismatch is a drafting error in the deed or contract, correctable before exchange or completion.
2. The authority does not cover this transaction, and fresh or extended authority needs to be obtained.
3. The representative's name has changed since the authority was granted, and supporting evidence — a marriage certificate, a deed poll — needs to be obtained and placed on file before the matter proceeds.

In each case, the pre-signing review has done its job: the problem surfaces before the parties are assembled and the pressure to proceed is highest.

One flag that often goes unnoticed

When the authority document was executed abroad, it may require an apostille or legalisation depending on the country of origin. That is a question of formal validity rather than document comparison, but the review process can surface the flag: if the authority carries a foreign place of execution and a foreign official's signature, that is already a prompt to check whether the document has been properly certified for use in this jurisdiction. Raising the question early avoids the far more disruptive discovery that the authority cannot be relied upon after the parties have already attended.