If you are handing over a power of attorney and going home, what should it say? — Blank and limited powers of attorney

Look first at the ways of avoiding it altogether. If you really do need one, specify the matters delegated, the buyer, the floor price, the account the money is paid into and an expiry date, and prohibit the appointment of a sub-agent. Hand one over blank and you may be answerable even for acts outside its scope (Civil Code, Article 110).

This page deals only with what to put in a power of attorney, and how to put it. The risks of entrusting the job to a third party in the first place, and the patterns of trouble that actually arise, are set out in Part 1 of our feature on selling property before leaving Japan. Please read that first.

Last updated: 22 September 2026

What kind of document is a power of attorney, legally speaking?

It is a piece of paper that counts as your own word.

Article 99, paragraph 1 of the Civil Code provides:

A manifestation of intention made by an agent within the scope of the agent's authority, indicating that it is made on behalf of the principal, takes effect directly in relation to the principal.

If your agent signs the contract of sale, the person who contracted is you. Saying afterwards that you never agreed to that price gets you nowhere: if the agent concluded the contract within the scope of their authority, it is your contract.

The mandate itself arises when you entrust a juridical act to another and that person accepts (Article 643). The power of attorney is the document that shows the outside world that the authority exists. So what is written in it is read as being exactly the authority you gave.

Why is a "blank power of attorney" so dangerous?

Because the parts you leave out work against you.

The danger comes in two layers.

1. Within the scope of the authority, it simply takes effect

Write "I delegate all matters relating to real property" and that scope can be read very widely. Selling, setting the price, receiving the money — all of it may fall inside the authority. Under Article 99, paragraph 1, that is your own act.

2. Even outside the scope of the authority, it can still take effect

This is the real point. Article 110 of the Civil Code provides:

The main clause of paragraph 1 of the preceding Article applies mutatis mutandis to cases in which an agent performs an act exceeding the agent's authority if a third party has reasonable grounds for believing that the agent has the authority.

In other words, even for an act done with an authority you never gave, you bear the responsibility if the other party to the transaction had reasonable grounds to believe the authority was there. This is called apparent authority in respect of acts exceeding an agent's authority.

And a power of attorney with no scope written into it is exactly the material those "reasonable grounds" are built from. A registered personal seal (jitsuin) affixed, a certificate of seal registration attached, the title deed produced as well — from where the other party is standing, there is nothing to doubt.

Case 1 in Part 1 of the feature says that "so long as the power of attorney is genuine, overturning the sale itself is not easy". That is the structure it is describing.

A comparable liability also arises where you did not grant authority but represented that you had (Article 109, paragraph 1; not so where the other party knew, or was negligent in not knowing). "I only lent my name" carries the same danger.

So what goes into a limited power of attorney?

You do not write what the agent can do. You write that this is all they can do.

Item	Example of how to put it	What happens if you leave it out
The matters delegated	"To conclude a contract of sale in respect of the property described below, and to attend completion"	"All matters relating to real property" is read widely and invites an argument under Article 110
Identifying the property	Write the location, the lot number and the building number (kaoku bango) exactly as they appear on the certificate of registered matters	It leaves room for other properties you own to be read in as well
Identifying the buyer	"A contract of sale with XX Co., Ltd. as buyer"	You have no complaint about whoever it is sold to
A floor price	"The purchase price shall be not less than JPY XX"	Any price at all may fall within the authority
Authority to receive the money	"The purchase price shall be paid by transfer to ordinary deposit account XXXXXXX at the XX branch of XX Bank in the name of the principal, and the agent shall have no authority to receive the purchase price"	The agent can collect the money. Cases 1 and 3 in Part 1 of the feature are cases in which this was left open
Prohibiting sub-agents	"The agent may not appoint a sub-agent"	See the next section
An expiry date	"This power of attorney shall cease to have effect on [date]"	It stays alive indefinitely
The date of execution	Do not leave it blank	A blank date is a form of blank power of attorney
The principal's signature	Not a printed name and seal but a signature, together with the registered personal seal. If a certificate of seal registration is attached, check the number of copies and the date of issue	—

Leave no blanks. That is the one principle. A blank is a space someone can fill in later.

Why do sub-agents and an expiry date matter?

Sub-agents

Article 104 of the Civil Code provides:

An agent under a mandate may not appoint a sub-agent except with the permission of the principal or where there is a compelling reason to do so.

As a rule, the person you asked cannot pass the job on to someone else of their own accord. But "a compelling reason" is a way out. Where you have gone home and cannot be reached, that compelling reason becomes easier to assert. So prohibit it expressly.

An expiry date

An agent's authority is extinguished on the following grounds (Article 111, paragraph 1).

Grounds for extinction
Death of the principal
Death of the agent, or an order commencing bankruptcy proceedings or a decision commencing guardianship in respect of the agent

Authority under a mandate is extinguished, in addition, by the termination of the mandate (same Article, paragraph 2). A mandate terminates on the death of the mandator or the mandatary, an order commencing bankruptcy proceedings, or a decision commencing guardianship in respect of the mandatary (Article 653).

But every one of these is an event that ends the authority when it happens. None of them is a deadline. The deadline is something you have to write in yourself. A power of attorney that had served its purpose once the sale completed, still valid in someone else's hands five years later — an expiry date is what prevents that.

If you change your mind, can you revoke it?

The termination itself can be done at any time. Article 651, paragraph 1 of the Civil Code provides that "a mandate may be terminated by either party at any time" (terminating at a time disadvantageous to the other party, among other cases, may raise a question of compensation for damage; same Article, paragraph 2).

The problem is that terminating is not enough on its own.

Article 112, paragraph 1 of the Civil Code provides:

A person who has granted another person an authority to represent is liable, for any act performed by that other person with a third party within the scope of that authority after the authority has been extinguished, to a third party who did not know that the authority had been extinguished (unless the third party was negligent in not knowing that fact).

Which is to say that you may still be answerable to a party who does not know you have revoked. So when you revoke, do these three things as a set.

#	What to do
1	Give the agent notice of termination (in a form that leaves a record — content-certified mail (naiyo shomei yubin) or similar)
2	Recover the original power of attorney (where you cannot, record that fact too)
3	Notify anyone who might become the other party to a transaction that the authority has been extinguished

Have a question about your situation?

Tell us about your property search or plans to sell.

Chat on LINEContact us

This is part of what an expiry date is for as well. Once the date has passed, the document itself shows that the authority has gone.

What if you need a power of attorney after you have left?

Once you have left and your residence record is closed, you can no longer obtain a certificate of seal registration. Instead you obtain a signature certificate from the Japanese embassy or consulate in the country where you live. It takes an appointment and a visit in person, and it takes time.

Whether a certificate of residence abroad or a signature certificate is required, and in what form, differs by country and region and by the type of procedure (a sale, or a registration). The registration side is the work of a judicial scrivener (shiho-shoshi), so the documents needed are confirmed case by case.

The overall process for selling after you have left is set out in A guide to selling Japanese real estate for overseas owners, and the tax side in Does a tax agent in Japan need a qualification, and can a company act as one?.

Could you avoid handing one over at all?

In most cases, yes. And that is the best outcome.

The alternative	What it involves
Complete before you leave	If completion takes place while you are still in Japan, no power of attorney is needed. This is why we work backwards towards completion at least five business days before you leave
Attend completion online	It is sometimes possible to use an electronic contract and to have the judicial scrivener's in-person check at completion carried out online (the requirements are confirmed case by case)
Let it instead of selling	Letting the property and holding on to it sometimes turns out better than selling cheaply under time pressure
Switch to an ordinary sale after you leave	Withholding at source of 10.21% and the trouble of a signature certificate are added, but it is safer than putting a power of attorney in someone else's hands

A power of attorney is a last resort for when there is no other way. It is not something to choose because it is quick, or because it saves trouble.

Who prepares the documents?

Here are the roles, kept separate.

Who	What
Yotsuba Administrative Scrivener Office	Preparing the power of attorney (a document concerning rights and duties). We take this on under a contract separate from any contract with Yotsuba Real Estate Co., Ltd.
A judicial scrivener, with whom you contract directly	The power of attorney for the registration application, and the application for registration of transfer of ownership
Yotsuba Real Estate Co., Ltd.	Brokerage on the sale. Scheduling worked backwards from your departure date. Designing a route that does not need a power of attorney at all
An attorney, with whom you contract directly	Negotiation and litigation where trouble has already arisen

Each is a separate business and a separate contract. We introduce you to judicial scriveners, attorneys and licensed tax accountants (zeirishi) on the basis that you contract with them directly, and we receive no referral fee.

What we cannot do: act as your agent in a registration application (that is for a judicial scrivener), conduct negotiations on your behalf in a contentious matter (an attorney), or calculate the tax and prepare tax returns (a licensed tax accountant).

If you have already handed over a blank power of attorney and cannot get hold of the person, that is a matter to take to an attorney. The sooner you do, the more options are left to choose from.

What this article is based on

Point	Source
The requirements and effect of an act of agency (a manifestation of intention made within the scope of the authority, indicating that it is made on behalf of the principal, takes effect directly in relation to the principal)	Civil Code (Act No. 89 of Meiji 29 (1896)), Article 99, paragraph 1
Appointment of a sub-agent by an agent under a mandate (the principal's permission, or a compelling reason, is required)	Civil Code, Article 104
Apparent authority arising from a representation that authority has been granted, and related provisions	Civil Code, Article 109, paragraphs 1 and 2 (paragraph 2 added by the 2017 amendment)
Apparent authority in respect of acts exceeding an agent's authority (where a third party has reasonable grounds for believing the authority exists)	Civil Code, Article 110
Grounds on which authority is extinguished (death of the principal; death of the agent, an order commencing bankruptcy proceedings or a decision commencing guardianship in respect of the agent; authority under a mandate is also extinguished by termination of the mandate)	Civil Code, Article 111, paragraphs 1 and 2
Apparent authority after the extinction of authority (liability to a third party who did not know of the extinction)	Civil Code, Article 112, paragraph 1
Unauthorised agency (no effect in relation to the principal unless the principal ratifies)	Civil Code, Article 113, paragraph 1
Liability of an unauthorised agent (performance or compensation for damage)	Civil Code, Article 117, paragraph 1
Formation of a mandate	Civil Code, Article 643
Termination of a mandate (either party may terminate at any time; compensation for damage where termination is at a disadvantageous time, among other cases)	Civil Code, Article 651, paragraphs 1 and 2
Grounds on which a mandate terminates (death, an order commencing bankruptcy proceedings, a decision commencing guardianship in respect of the mandatary)	Civil Code, Article 653
Prohibition on carrying on real estate brokerage business without a licence	Real Estate Brokerage Act (Act No. 176 of Showa 27 (1952)), Articles 3 and 12
Withholding at source (10.21%) when buying property from a non-resident	Income Tax Act, Article 161, paragraph 1, item 5 and Article 212, paragraph 1; National Tax Agency, Taxanswer No.2879

This page provides general information only. The examples of wording are no more than an illustration of how a general precedent is put together, and are not a guarantee that anything can be used as it stands in an individual case. An actual power of attorney should be drawn up to fit the property and the transaction, and should be checked by a qualified professional. Individual legal judgements are made by qualified professionals.

Real estate brokerage is handled by Yotsuba Real Estate Co., Ltd. (Real Estate Brokerage Business Licence, Governor of Tokyo (1) No. 113304), and the preparation of documents concerning rights and duties by Yotsuba Administrative Scrivener Office (gyosei-shoshi, registration No. 25087022), under a separate contract in each case. For registrations we introduce you to a judicial scrivener, for disputes to an attorney and for tax matters to a licensed tax accountant, and you contract with each of them directly. We receive no referral fee.

About the author Joji Uramatsu | Representative Director of Yotsuba Real Estate Co., Ltd. and its full-time Real Estate Transaction Specialist (takken-shi). Administrative scrivener. Former China Bureau Chief of the Mainichi Shimbun, with 34 years as a journalist; posted to China, Taiwan and Thailand in that role. Passed the Certified Social Insurance and Labour Consultant examination (practice scheduled to open September 2026).

Related links

• Feature: selling your property before you leave Japan (Part 1 — the four patterns of trouble)
• Does a tax agent in Japan need a qualification, and can a company act as one?
• A guide to selling Japanese real estate for overseas owners (for those already living abroad)
• Inheritance, wills and trusts (Yotsuba Administrative Scrivener Office)
• Contact us