Regarding the change in the procedure for the registration of special powers of attorney and general powers of attorney to transfer the ownership of immovable property at the Office of The Registration of Deeds. Previously, the buyer of the immovable property usually took first the special powers of attorney and general powers of attorney from seller to not only avoid the property tax and stamp duty from the Internal Revenue Department but also to make the process smoothly without burdening the previous owner when making the transaction of the immovable property.

The Office of The Registration of Deeds has just released a statement titled “Public Information Statement”. In that statement, “Starting from December 1, 2023, if you apply for the registration of letters of attorney (Special Power of Attorney-SP and General Power of Attorney-GP) to transfer the ownership of immovable property, including agricultural land, the taxation work need to be done first. Furthermore, only the property that has fully paid the taxes due in accordance with the relevant tax laws, including the Myanmar Stamp Duty Act, could process the registration of transfer contract. Therefore, according to this announcement, the transfer of immovable property has been completed in accordance with the relevant statutory laws and procedures, and the registration of the necessary delegation letters will be done only when the property transfer contract is registered.

However, if it is not the transfer of immovable property, there will be difficulties and confusion may arise in making a special power of attorney and a general power of attorney between family members for other matters and a special power of attorney and a general power of attorney between friends for other matters.

Prepared by; Ye Wint Thu / Tun Htin Kyaw