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    Authorisation Guide

    Overview

    As life and circumstances change, managing your banking could become a challenge. Planning ahead helps ensure that your finances can still be handled according to your wishes, even when you’re unable to manage matters personally, giving you and your family peace of mind.

    You may authorise a person you trust to handle specified banking matters on your behalf while you still have mental capacity, subject to relevant legal requirements and the terms of the documents. You may apply for / arrange the authorisation at any branch. We accept or provide the following authorisation documents:

    • Hang Seng's Authorisation Form
    • General Power of Attorney
    • Enduring Power of Attorney

    If you were to lose this capacity later, only an Enduring Power of Attorney that has been registered with the court would remain valid.

    Comparison of authorisations

    We accept 3 types of authorisations. Here’s a comparison of their key features and limitations. To learn more, please refer to section "Type of Authorisations".

      Hang Seng's Authorisation Form General Power of Attorney (POA) Enduring Power of Attorney (EPOA)

    Law

    An operational process offered internally by Hang Seng Bank

    An established process under the law, backed by the Powers of Attorney Ordinance

    An established process under the law, backed by the Enduring Powers of Attorney Ordinance

    Validity if the Donor loses mental capacity

    Cease to be effective

    Cease to be effective

    Remains effective upon registration at the High Court

    How to apply for the authorisation

    All account holders (Donors) and the authorised person to visit branch in person

    Donor to arrange the document through solicitor

    Donor to arrange the document through solicitor

    Signature arrangement when there is more than 1 authorised persons /  attorney(s)

    Only allow "act individually"

    Allow to set as "act jointly" or "act jointly or individually"

    Allow to set as "act jointly" or "act jointly and individually

    Scope of authorities

    According to our Application Form

    Subject to terms or limitations of POA

    Subject to terms or limitations of EPOA

    Processing time for transaction requested by authorised persons /  attorney(s)

    		 Instant

    Case-by-case review with around 3 working days

    Case-by-case review

    Types of authorisations

    Hang Seng's Authorisation Form

    Hang Seng's Authorisation Form

    You may sign this form to appoint an Authorised Person to manage your specified account(s). This form is standardised and can't be amended. The powers of the Authorised Person are limited by the terms of the form.

    • Visit our branch
      You and the Authorised Person(s) must visit our branch with the required documents. We'll review their eligibility and record their specimen signature
    • Processing time
      The authorisation will take effect within 4 working days
    • Important information
      If you wish to authorise multiple accounts, you must complete separate application documents for each account
      For a joint account or if you're appointing more than one authorised persons, all account holders and authorised persons must visit the branch.
    • Your identity document(s)
    • The Authorised Person’s identity document(s)
    • The Authorised Person’s valid address proof
    • The Authorised Person may handle transactions and/or services for the authorised account in accordance with the authorisation terms
    • The Authorised Person can't appoint another person on your behalf
    • The Authorised Person can carry out transactions and services on your behalf within the authority granted under the relevant arrangement. Please note, completed instructions are irrevocable. You're responsible for any instructions and transactions made by the Authorised Person.
    • You may appoint more than one Authorised Person, but this form stipulates the Authorised Persons to "act individually". If you wish to appoint more than one person to "act jointly", please consider other types of authorisation

    In general, we'll act on instructions under this form unless:

    • You notify us to cancel the authorisation (a branch visit is required)
    • The account holder or the Authorised Person passes away / loses mental capacity / is declared bankrupt / fails our assessment
    • The authorisation is terminated according to its own terms or the terms of the account

    General Power of Attorney

    A General Power of Attorney is a legal document made under Hong Kong law (Cap. 31 Powers of Attorney Ordinance). It allows you to appoint one or more Attorneys to handle account transactions and/or services on your behalf. You should arrange the document through a solicitor and include authorisation limits suitable for your needs.

    We must review each request for services and/or transactions under a General Power of Attorney individually and on a case-by-case basis. If you want to authorise a third party to handle day-to-day banking instructions on an ongoing basis, you should consider setting up the Hang Seng's Authorisation Form at our branch.

    Step 1: Sign the document

    Sign the General Power of Attorney that meets the Ordinance requirements with a solicitor while you're mentally capable.

    Step 2: Visit our branch

    The Attorney(s) must visit our branch with the required documents to apply for the service.

    Step 3: Wait for our review

    We'll review the validity of the instruction(s). During the review, we may call you to confirm the instruction(s), please ensure the phone number we have on record is up to date, otherwise we'll be unable to process the transaction.

    Step 4: Notify the result

    We'll call the Attorney(s) within 3 working days to notify them of the result (more time may be required depending on the case).

    • Signed General Power of Attorney
    • The Attorney’s identity document(s)
    • The Attorney’s valid address proof
    • It must comply with the formalities under the Powers of Attorney Ordinance
    • It must be signed by the donor (you) in the presence of a practising solicitor in Hong Kong
    • If it was created more than 12 months ago, we may require additional information
    The General Power of Attorney should state:
    • Your ID number and a signature that matches our records
    • The Attorney’s ID number
    • If there is more than one Attorneys, whether they will act jointly or act jointly or individually. If this isn't specified, it'll be assumed they act jointly
    • If you set up a Power of Attorney overseas, the document must be witnessed according to the requirements of the place where it is signed (e.g. notarisation and/or legalisation)
    • The scope of authority is subject to what is stated in the document. If there are restrictions, we'll follow them, so not all services / transactions listed in "Capabilities of Authorisations" may apply
    • You may specify acting jointly or acting jointly or individually: Acting jointly means the Attorneys must act together; instructions from any single attorney are invalid
    • The Attorney can't appoint another Authorised Person / Attorney on your behalf
    • The Attorney can carry out transactions and services on your behalf within the authority granted under the relevant arrangement. Please note, completed instructions are irrevocable. You're responsible for any instructions and transactions made by the Attorney.

    Reminder: A General Power of Attorney does not apply to functions you hold as a trustee or personal representative of an estate (i.e. trustees or estate administrators / executors, whether with or without a will, can't use a General Power of Attorney to delegate those duties).

    We'll be unable to act on instructions under a General Power of Attorney if:

    • You notify us to cancel it (a branch visit is required, regardless of whether the Attorney still holds the original copy)
    • It doesn't meet the Ordinance or Hang Seng's requirements
    • The account holder or the Attorney passes away / loses mental capacity / is declared bankrupt / fails our assessment

    Enduring Power of Attorney

    An Enduring Power of Attorney is a legal document made in the prescribed form under Hong Kong law (Cap. 501 Enduring Powers of Attorney Ordinance). While you still have mental capacity, you may appoint one or more Attorney(s) to handle account transactions and/or services on your behalf.

    If you later lose mental capacity, the Enduring Power of Attorney will not become invalid for that reason. However, before the Attorney(s) can exercise the power, it must first be registered with the High Court.

    While you still have mental capacity, you must sign an Enduring Power of Attorney that complies with the Ordinance. We will review the validity of the instruction(s), and will notify the Attorney of the result.

    • Enduring Power of Attorney
    • The Attorney’s identity document(s)
    • The Attorney’s valid address proof
    • If the donor is assessed as lacking mental capacity, relevant supporting documents must be provided
    • It must comply with the prescribed form under the Enduring Powers of Attorney Ordinance
    • If the donor loses mental capacity, the Enduring Power of Attorney must be registered with the High Court (evidence of registration e.g. the court stamp and the clerk’s initials, or a letter issued by the High Court showing the Enduring Power of Attorney registration number)

    For details, please consult a practising solicitor.

    • Once we accept your Enduring Power of Attorney that has been registered with the High Court and you've lost mental capacity, we may apply appropriate restrictions to your account under internal procedures (e.g. freezing the account) to ensure we only accept instructions from the Attorney within the authorised scope
    • Please work with your solicitor to set appropriate powers and conditions
    • You may appoint one or more Attorney(s) and specify acting jointly or act jointly and individually. Please state this clearly in the Enduring Power of Attorney. (Acting jointly means the Attorney must act together. Instructions from any single attorney are invalid)
    • The Attorney can't appoint another Authorised Person/ Attorney on your behalf
    • The Attorney can carry out transactions and services on your behalf within the authority granted under the relevant arrangement. Please note, completed instructions are irrevocable. You're responsible for any instructions and transactions made by the Attorney
    • If there are restrictions in the Enduring Power of Attorney, we'll follow them, so not all services / transactions listed in "Capabilities of Authorisations" may apply

    Reminder: An attorney under an Enduring Power of Attorney is governed by the Ordinance and the document terms, and owes fiduciary duties to the donor, including but not limited to acting honestly and diligently, keeping proper accounts and records, avoiding conflicts of interest, and not mixing assets.

    We'll be unable to act on instructions under an Enduring Power of Attorney if:

    • The donor notifies us to cancel it while they still have mental capacity (a branch visit is required)
    • It doesn't meet the Ordinance requirements or Hang Seng's requirements
    • The account holder or the Attorney passes away / loses mental capacity / is declared bankrupt / fails our assessment
    • The donor regains mental capacity (after regaining capacity, you may visit any branch with an accompanying person to apply to revoke the Enduring Power of Attorney; we may require medical evidence or a court order)
    • The Attorney loses mental capacity
    • The submitted Enduring Power of Attorney is revoked by another court order 

    Capabilities of Authorisations

    The services that can be handled vary depending on the type of Power of Attorney. The list below shows the broadest scope of services that can be covered.

    Please note that if your General or Enduring Power of Attorney includes specific terms or limitations, we'll follow the instructions in that document. This means the scope of services and transactions the Attorney can handle may be different.

    Banking Services Hang Seng Bank’s Authorisation Form General Power of Attorney Enduring Power of Attorney
    Manage account holder’s account(s) when the account holder has lost mental capacity     Upon meeting conditions set at the EPOA
    Obtain information about account holder's account(s) (ie account enquiry) ✓ ✓ ✓
    Make payments (ie remittance) ✓ ✓ ✓
    Withdraw/ Deposit cash ✓ ✓ ✓
    Deposit/ Issue cheques ✓ ✓ ✓
    Order cheque book ✓ ✓ ✓
    Order statement ✓ ✓ ✓
    Set up/ amend/ cancel standing instruction and AutoPay ✓ ✓ ✓
    Change account holder’s correspondence address ✓    
    Retrieve items from Safe Deposit Box Required to sign additional forms at the branch where the safe deposit box is located The attorney must sign an additional declaration before accessing the box Subject to the terms of the EPOA
    Account closure ✓ ✓ ✓
    Apply internet/ mobile/ phone banking service      
    Operate account via internet/ mobile / phone banking      
    Apply ATM card      
    Operate account using ATM card      
    Order a replacement debit card/ PIN for the account holder      

    We do not charge any fee for using any of the above authorisation arrangements.

    FAQs

    General questions

    You may appoint one or more Authorised Persons as needed. Our prescribed Authorisation Form only allows multiple authorised persons to act individually.

    A General Power of Attorney and an Enduring Power of Attorney allow you to arrange for multiple Authorised Persons to act individually or jointly. You can work with a practising solicitor to prepare an authorisation document that suits your needs.

    "Act jointly" means Attorneys / Authorised Persons must act together, a decision made by any one of them alone is not valid. Please note that "act jointly" is not applicable to Hang Seng Bank’s Authorisation Form.

    "Act individually" means any one of them can make a decision on their own.

    The authorized person/ Attorney can carry out transactions and services on your behalf within the authority granted under the relevant arrangement.

    Please note, completed instructions are irrevocable. You're responsible for any instructions and transactions made by the Authorised Person / Attorney.

    No, they aren't able to do that. They can visit our branches and apply for services / make enquiry. The Authorised Person under Hang Seng's Authorisation Form can use Phone Banking for general enquiries.

    You must have mental capacity when you set up any Power of Attorney / authorisation. If you were to lose this capacity later, only an Enduring Power of Attorney that has been registered with the court would remain valid.

    Hang Seng's Authorisation Form

    You can't amend the scope of authorisation. However, you may set up a Power of Attorney with solicitor which suits your needs.

    It takes about 4 working days to take effect.

    General Power of Attorney

    we need to review the instruction case-by-case. We'll call the Attorney within around 3 working days to notify the results.

    You can refer to Capabilities of Authorisations for more details. Please note that if your Power of Attorney includes specific terms or limitations, we'll follow the instructions in that document. This means the scope of services and transactions the Attorney can handle may be different.

    Enduring Power of Attorney

    While you still have mental capacity, you may set up an Enduring Power of Attorney that complies with the Ordinance with a solicitor. To learn more, please consult your solicitor.

    The Enduring Power of Attorney must be registered with the High Court, and the relevant supporting documents must be provided to prove the donor lacks mental capacity.

    Useful information