(1) Notwithstanding anything in its constitution, a company may empower any person, either generally or in respect of any specified matters, as its attorney, to execute deeds or do any other matter on its behalf in any place whether inside or outside the State.
(2) A deed signed by such attorney on behalf of the company shall bind the company and have the same effect as if it were under its common seal.
Section 41 permits a company, to appoint a person as its attorney. This appointment can be made generally or in respect of specified matters, and enables the attorney to execute deeds or do any other matter on behalf of the company. Subsection (2) provides that a deed signed by an attorney on behalf of the company will bind the company as if it had been signed under the company’s common seal. The appointment of an attorney can be made regardless of any provision in the company’s constitution. This section derives from section 40 of the Companies Act 1963 and is in line with the Powers of Attorney Act 1996 and the Land and Conveyancing (Law Reform) Act 2009. The use of a seal is no longer necessary to empower a person to execute deeds or other matters on behalf of a company.