Power of attorney in Tunisia: general, special and how to make one

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Topic: Practical guide

General or special power of attorney, when it must be notarised, how to make one in Tunisia or from abroad, and how to limit its scope or revoke it safely.

A power of attorney (wakala) lets you authorise someone else to carry out a legal act in your name: selling a property, collecting a document, dealing with an administration or a bank. It is very practical, especially for Tunisians living abroad, but it can be dangerous if drawn up carelessly. General and special powers of attorney Agency is governed by the Code of Obligations and Contracts, which distinguishes between: A general power of attorney: it lets the agent manage the principal's affairs and do what is in the principal's interest, according to the nature of the business and usual practice, such as collecting money owed, paying debts, taking protective steps and suing debtors. A special power of attorney: it is given for one or more specific acts and only covers what it names. And however wide the power, the agent cannot, without the principal's express authorisation, sell or mortgage a property, settle a dispute, write off a debt, make a gift, or buy or sell a business, among other acts listed by law. The more precise the wording, the better protected you are, and the less likely an administration or bank is to refuse it. When is a formal document needed? For some simple steps, a signed letter is enough. Often, though, a particular form is required: Property: a power of attorney used to sell or mortgage a property must meet the formal requirements that allow the deed to be recorded on the land title, and is often drawn up by a notary (adl ichhad). Ask whoever will draft the deed which form they need before you start. Banks: many require a notarised power of attorney or one on their own form. Administrations: some accept a document with a legalised signature, others want a notarised one. Courts: representation in court has its own rules, and it is usually a lawyer who represents you. Speak to one before giving someone else authority over a court case. Making one in Tunisia or from abroad In Tunisia: a notary (adl ichhad) can draw up a formal power of attorney in your presence after checking your identity. For a simple one, you write and sign it, then have your signature legalised at the municipality. Legalisation only confirms that you are the person who signed; it does not mean the content is valid or sufficient. From abroad: Tunisians living abroad can go to a Tunisian consulate or embassy to make the power of attorney or have their signature legalised. You can also use a local notary, but the document will then usually need legalisation or an apostille, and sometimes a translation, to be accepted in Tunisia. Tunisia has been a party to the Hague Apostille Convention since 2018, so if your country of residence is a party too, an apostille replaces legalisation. Check beforehand with whoever will rely on it. Limiting it and revoking it Describe the act precisely: the property and its land title number, the bank account, the administration. Where useful, set a minimum price or conditions, and forbid the agent from passing the power on to someone else if you do not want that. Limit how long it is valid. You can revoke a power of attorney whenever you wish, unless it was given in the interest of the agent or of a third party. Where the law requires a particular form for the power, the revocation must take the same form. A revocation cannot be used against third parties who dealt with the agent in good faith before they knew of it, so inform the agent and every body that received the power, such as the bank or the Land Registry, in writing. It also ends once the act it was given for is done or its term expires, on the death of either party, and, for a power given by one spouse to the other, on divorce. Risks to avoid The main danger is a scope that is too wide: a power of attorney that allows someone to sell, collect money and pass the power on without limits can cost you a property or savings, even when the agent is a relative. Never sign one without reading it in full, and keep track of the originals. When to see a lawyer Before making a power of attorney for a property sale or a large financial transaction, or if you find that one has been used against your interests, a lawyer can help you draft a limited, safe text or act quickly to stop the damage. The site's directory lists lawyers registered with the ONAT, by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026