Power of Attorney in Azerbaijan 2026: Types, Notarisation, Validity and Revocation

Short answer: A power of attorney is an authorisation one person gives another to represent them before third parties (Civil Code, Article 362). A power of attorney for any transaction that requires notarial form, including selling or mortgaging real estate, must be certified by a notary. If no term is stated, it is valid for one year from the date it was issued, and a power of attorney to dispose of a vehicle cannot be granted for more than one year (Article 363). You can revoke a power of attorney at any time, but it is your duty to notify the attorney and any third parties you know of (Articles 365–366).

What a power of attorney is and the main types

Chapter 16 of the Civil Code (Articles 359–366) governs representation in transactions. A transaction concluded by a representative within their authority creates rights and obligations directly for the principal (Article 359.1). A representative may not conclude a transaction on the principal's behalf with themselves (Article 359.3). Transactions that by their nature can only be made in person cannot be concluded through a representative (Article 359.4). For example, a marriage cannot be registered on the basis of a power of attorney.

The Code does not formally classify powers of attorney, but in practice three types are used:

A power of attorney on behalf of a legal entity is signed by its head or another person authorised by the charter and bears the organisation's seal (Article 362.5).

When notarisation is mandatory, and online options

The core rule: a power of attorney for a transaction that requires notarial form must itself be notarised (Article 362.2). Contracts disposing of real estate are notarised, and the seller's authority to dispose must also be in notarial form (Articles 144.1–144.2). Our guide to buying real estate in Azerbaijan covers the other steps of a property purchase.

In some cases an official other than a notary may certify a power of attorney:

• the head of a military medical facility, the commander of a military unit or the governor of a prison; these are treated as equivalent to notarised powers (Article 362.3);
• for collecting wages, pensions, benefits, bank deposits and postal items, the principal's employer or school, the local executive authority, or the management of an inpatient or social care facility may also certify it (Article 362.4).

The Ministry of Justice's free Mobil Notariat app, in use since 2019, lets you execute a number of powers of attorney without visiting a notary's office. According to the Ministry, these include powers to drive and to dispose of a vehicle, powers granted to advocates, and powers for banks, inheritance matters, representation before institutions and disposal of real estate. You register by video recording, with a code obtained from a notary, or by digital login such as ASAN İmza or SİMA. The service is open to Azerbaijani citizens, including those abroad, and to foreigners with temporary or permanent residence permits. The app is free, but the statutory state duty and notary fee for the notarial act still apply. You can check that a power of attorney is genuine by its QR code or barcode in the app or on notariat.az.

Validity term and transfer of authority

The attorney must act in person. They may pass their authority to someone else only if the power of attorney allows it or if circumstances force them to in order to protect the principal's interests (Article 364.1). They must then inform the principal and give details of the substitute, otherwise they are liable for the substitute's acts as for their own (Article 364.2). A power of attorney granted by way of substitution cannot outlast the original power (Article 364.4).

Revocation, termination and notifying third parties

A power of attorney ends when its term expires, when the act it covers has been performed, when the principal revokes it, when the attorney renounces it, on the death, incapacity or declared disappearance of either party, or when a legal entity party is dissolved (Article 365.1). The principal may revoke it at any time, and any agreement waiving this right is void (Article 365.2). When a power of attorney ends, any substitution based on it lapses too (Article 366.4).

The principal who revokes must notify the attorney and any third parties they know the power was presented to (Article 366.1). Acts the attorney performed before learning of the termination still bind the principal towards third parties, unless the third party knew or should have known it had ended (Article 366.2). According to the Ministry of Justice, revocation is done by a notarised application, and the notary records the termination in the Electronic Notary system. A termination application can also be filed through Mobil Notariat or myGov. Practical tip: send written notice to the bank, the property registry and any buyer, and ask for the original document back (Article 366.3).

Powers of attorney issued abroad: consulates, apostille, translation

A citizen living abroad can have a power of attorney certified at an Azerbaijani embassy or consulate, usually by appearing in person with an identity document. Mobil Notariat may also be an option, depending on the type of power. An Azerbaijani notary accepts a power of attorney certified by a foreign notary in two cases: if it has been legalised, or if it carries a paper or electronic apostille. The exception is where an international treaty removes that requirement (Law on Notariat, Article 90, as amended in 2023). Azerbaijan is a party to the 1961 Hague Apostille Convention, which entered into force for the country on 2 March 2005, according to the Ministry of Foreign Affairs. Some states objected to Azerbaijan's accession; for example, the Convention has applied between Azerbaijan and Germany only since March 2026. A power of attorney in a foreign language normally has to be translated into Azerbaijani, with the translator's signature notarised.

Representation in court: power of attorney vs a lawyer's warrant

Under the Civil Procedure Code, a representative's authority must be set out in a power of attorney (Article 73.1). An individual's power of attorney is certified by a notary or by the officials listed in Civil Code Article 362.3 (Article 73.2). An advocate's authority, by contrast, is confirmed in the manner set by law (Article 73.5); in practice this is the advocate's warrant (order) issued under the client agreement. Powers such as signing a statement of claim, dropping a claim, settling, appealing, or receiving money or property must be stated expressly in the power of attorney (Article 74.2). A cassation appeal is accepted only if it was drafted by an advocate (Article 67.1).

Risks of a general power of attorney, and a checklist

A general power of attorney is convenient, but it can let the attorney sell or mortgage your property or collect money, and the transactions they conclude bind you. Take care with inheritance matters too: a renunciation of an inheritance through a representative is valid only if the power of attorney expressly grants that authority (Article 1271). See our article on inheritance in Azerbaijan for more.

1. Where possible, grant a one-off or special power rather than a general one.
2. Name the property, the acts and any limits (for example, a minimum sale price) precisely.
3. Set a short term and date the document; an undated power of attorney is void.
4. Allow substitution only if it is truly needed.
5. If you authorise the receipt of money, require that payment go to your own account.
6. Check that the power of attorney is genuine on notariat.az or in Mobil Notariat.
7. Revoke it as soon as it is no longer needed and notify third parties in writing.

Frequently asked questions

How long is a power of attorney valid if no term is stated?
One year from the date of issue. A notarised power for acts abroad that states no term remains valid until revoked (Article 363).

For how long can I grant a power of attorney to sell my car?
A power of attorney to dispose of a vehicle cannot be granted for more than one year (Article 363.3).

Is a simple written power of attorney enough to sell a flat?
No. A contract disposing of real estate requires notarial form, so the power of attorney must be notarised too (Articles 144.2 and 362.2).

Do I need the attorney's consent to revoke a power of attorney?
No, you can revoke it at any time (Article 365.2). You must, however, notify the attorney and any known third parties (Article 366.1).

Can I grant a power of attorney from abroad without travelling to Azerbaijan?
Yes: through an Azerbaijani consulate, through the Mobil Notariat app (depending on the type of power), or through a local notary followed by an apostille or legalisation.

Can an advocate appear in court without a power of attorney?
An advocate's authority is confirmed in the manner set by law, in practice by a warrant (Article 73.5). Even so, we recommend expressly listing special powers such as dropping a claim or settling in a power of attorney (Article 74.2).

How we can help

Affidacons drafts powers of attorney for individuals and companies, assesses the scope and risks of the powers granted, checks whether powers issued abroad meet the apostille and translation requirements, and assists with revocation and notifying third parties. We also represent clients in court in disputes over misuse of authority. Learn more about our litigation and legal representation service or contact us.

This article is general information and does not constitute legal advice. It is based on Articles 144, 359–366 and 1271 of the Civil Code of the Republic of Azerbaijan (including the amendments made by Law No. 867-VIQD of 2 May 2023), Articles 67, 73 and 74 of the Civil Procedure Code, Article 90 of the Law on Notariat (as amended by Law No. 866-VIQD of 2 May 2023) and official guidance from the Ministry of Justice (November 2026); legislation may change. Obtain advice on your specific circumstances before acting.