Interpretation of Powers Granted:
The scope of a specific power of attorney, particularly the authority to “open and operate any type of bank account, to withdraw and deposit,” includes the inherent authority to sign cheques in the principal’s name and to make payments.
Legal Reasoning:
- Nature of a Cheque/Current Account: A “Cheque/Current Account” is, by its very nature, operated through the issuance of checks. This operational characteristic is consistent with definitions provided under:
- Article 1.2 of National Bank Directive No. SBB/31/2002
- Article 2.3 of Directive No. SBB/63/216
- Explicit Authority vs. Consequential Powers:
- It is undisputed that the Applicant did not explicitly state that Mr. Kamil Abdulqadir should sign checks, as would typically be required under Article 2205/2 of the Civil Code.
- However, the power of attorney document granted by the Applicant to Mr. Kamil Abdulqadir explicitly provided the authority to “…open and operate any type of bank account, to withdraw and deposit…”.
- Application of Civil Code Article 2206/1:
- In accordance with Article 2206/1 of the Civil Code, a specific power of attorney grants the power not only to perform the matters explicitly listed but also to perform “sequential and similar matters.”
- Since the Applicant authorized Mr. Kamil Abdulqadir to open and operate any bank account, it logically follows that Mr. Kamil Abdulqadir can open a bank account that functions by check.
- Operational Necessity of Check Signing:
- According to Article 2.3 of Directive No. SBB/63/216, a check account is operated by issuing checks.
- Issuing a check inherently requires signing the check.
Conclusion:
Therefore, signing a cheque in this context is a direct and necessary consequence of the specific power of attorney granted by the Applicant to Mr. Kamil Abdulqadir to open and operate any type of bank account.