How to Sell Agricultural Land in Ukraine by Power of Attorney While the Owner Is Abroad

01

Select the Ukrainian notary first

Before executing the power of attorney, send the Ukrainian notary copies of the land documents and a short description of the circumstances:

• the country where the owner is located;
• the proposed representative;
• whether the parcel is leased;
• whether the buyer and price are already known;
• whether the representative will only collect documents or will sign the agreement;
• the account to which the price should be paid;
• any marriage, inheritance, co-ownership, encumbrance or other relevant issue.

The notary can review title, cadastral information, lease rights, encumbrances and statutory pre-emption issues. The notary can then identify which powers must actually appear in the document.

A generic online template may omit an essential declaration or give the representative authority that the owner never intended to grant.

02

Two main ways to execute the document abroad

Option 1. A Ukrainian consular post

Ukrainian consular posts perform notarial acts abroad within the powers established by Ukrainian law. The owner attends the relevant post, proves their identity and signs the agreed text.

The document is made within the Ukrainian consular notarial framework. This will commonly avoid a separate foreign-document legalisation stage, but service availability, appointment rules, supporting documents and technical format should still be checked with the specific post and the Ukrainian closing notary.

Option 2. A foreign notary

The owner may execute a document before a notary in the country of residence. The next steps depend on that country, applicable treaties and the form of the document.

Possible routes include:

• acceptance without additional legalisation under an applicable treaty;
• an apostille under the Hague Apostille Convention;
• consular legalisation;
• a Ukrainian translation and proper certification of the translation;
• amendments to the wording or form so that the document can support the intended Ukrainian transaction.

Do not obtain an apostille automatically, and do not assume it is unnecessary merely because of the country involved. Check the official treaty position and the closing notary’s requirements.

03

Agree the scope of authority

The document should not simply authorise “all necessary actions”. It should define the permissible scope of representation. Depending on the transaction, the notary may propose authority to:

• represent the owner before identified notaries, authorities, banks and registrars;
• submit and receive applications, extracts, certificates and duplicate records;
• obtain land-cadastre and property-register information through the available procedure;
• submit documents connected with a lease and statutory pre-emption rights;
• negotiate or sign the sale agreement within defined limits;
• sign registration and tax applications where required and permitted;
• receive the executed agreement and closing documents.

The owner should separately decide:

• whether the representative may select the buyer;
• whether the representative may agree the price and other material terms;
• whether a minimum price or another limit applies;
• whether substitution is allowed;
• the validity period;
• whether the representative may receive funds or operate an account.

Authority to sign the agreement does not automatically authorise the representative to receive the price, withdraw funds or change the receiving account. Banking authority and the settlement sequence should be agreed separately with the bank, notary and Ukrainian legal adviser.

The date of execution is critical. Under the Civil Code of Ukraine, a power of attorney without its execution date is void. Its duration, termination, revocation and any substitution rights should also be checked before closing.

04

How validity is checked

Before notarising the sale, the notary checks the document, the representative’s identity and the scope of authority. Where a power of attorney is subject to registration in Ukraine, the notary checks the relevant information through the Unified Register of Powers of Attorney. For a document made abroad, the notary determines which additional registration information, extracts, translations or confirmations are required.

The review should cover:

• who issued the document and how the owner was identified;
• the execution date, validity and absence of termination or revocation;
• consistency of the owner’s and representative’s details;
• whether the wording covers the particular parcel sale and necessary supporting acts;
• the apostille or legalisation, where required;
• the acceptability of the translation;
• any conflict of interest.

A representative may not enter into a transaction on behalf of the owner in the representative’s own interest or simultaneously represent the other party, except where Ukrainian law expressly permits it. A proposed sale to the representative, a related person or another party represented by the same person requires specific legal review and should not be concealed in broad wording.

05

Prepare the parcel itself

The power of attorney deals only with representation. The land must still be prepared as it would be if the owner attended in person.

Confirm that:

1. Title is registered in the seller’s name.
2. The parcel has a cadastral number and its area, location and designated use are consistent across the records.
3. Encumbrances, arrests, disputes and third-party rights are known.
4. The document showing how title was acquired is available.
5. The owner’s marital status and any spousal consent requirement have been assessed.
6. If the parcel is leased, the lease, amendments, registration information and payment position have been collected.
7. The pre-emption procedure under Article 130-1 of the Land Code has been assessed.
8. The buyer is eligible under Article 130 of the Land Code.

For leased land, an oral understanding with the tenant does not replace the statutory procedure. Do not promise a closing date until the notary identifies the pre-emption holders and the necessary timetable.

06

Agree the non-cash settlement

The purchase price for agricultural land under a sale agreement must be settled in non-cash form. Before signing, the owner, representative, buyer, bank and notary should have the same understanding of:

• the full price and settlement currency;
• the payer;
• the receiving account;
• the payment reference;
• when the transfer is initiated;
• the evidence used to confirm credit;
• the procedure for a delayed, returned or partial payment.

The seller’s presence abroad does not make the payment process automatically remote. A bank may request transaction documents, source-of-funds information, tax-residency information or evidence of authority for a person acting in relation to an account. The representative should not change the recipient or acknowledge full payment unless this is consistent with the agreement, the authority granted and the actual credit of funds.

A buyer’s payment order or screenshot is not the same as evidence that the seller’s account has been credited. The owner should obtain available bank evidence of receipt and retain it with the sale agreement.

07

Sale process table

08

Red flags

• The representative or buyer proposes a “universal” power without prior notary review.
• The document has no date or contains inaccurate names, identity details, cadastral number or representative details.
• The representative may set any price, receiving account and recipient without limits or owner control.
• Nobody has checked whether the foreign original requires an apostille, legalisation or translation.
• The same representative acts for both seller and buyer or proposes to acquire the parcel personally.
• The power has been revoked, has expired or no longer reflects the owner’s instructions.
• A one-day closing is promised before lease and pre-emption checks.
• The owner is asked to confirm full payment solely on the basis of a screenshot or message.
• The payer or receiving account changes immediately before signing without written explanation and renewed verification.

09

Checklist for an owner abroad

1. Select the Ukrainian closing notary before executing the power of attorney.
2. Send the parcel, lease, marriage and inheritance documents relevant to the case.
3. Obtain agreed wording or a written list of required powers.
4. Select the consular or foreign-notary route after checking country requirements.
5. Verify names, dates, identity details and the representative’s details.
6. Decide the duration, price limits, substitution rights and banking authority.
7. Arrange apostille, legalisation and translation only under the confirmed procedure.
8. Deliver the original securely and keep a copy.
9. Check title, cadastre, lease, pre-emption, encumbrances and buyer eligibility.
10. Agree the non-cash settlement and evidence of credit.
11. Remain available on the closing date.
12. Obtain the final agreement, bank evidence and registration records.