SMS powers of attorney for Iranians abroad lack legal validity / The only permitted method: the "Mikhak" system.

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- Friday 2026/06/12 - 20:04
News Code: 25399
 وکالت‌نامه‌های پیامکی برای ایرانیان خارج از کشور فاقد وجاهت قانونی است/ تنها مسیر مجاز: سامانه «میخک»

SMS powers of attorney for Iranians abroad lack legal validity / The only permitted method: the "Mikhak" system

Fariba Shahroudi, Attorney at Law

The Central Bar Association has issued a notice warning about the practice of drafting powers of attorney for Iranians residing abroad via SMS confirmation or active domestic SIM cards, declaring that this method lacks legal validity and can lead to disciplinary and even criminal liability for the lawyer.

Why is this practice considered illegal?

1.  Contradiction with the Anti-Money Laundering Law (Article 6)
Lawyers are obliged to verify the valid identity of clients and beneficial owners. Identity verification solely through SMS or mobile phone SIM cards cannot fulfill this legal duty.

2.  Anti-Money Laundering Executive Bylaw (Approved October 18, 2025)
The legal profession has been included among the professions subject to preventive requirements, placing specific responsibilities on lawyers regarding identity verification.

Warning about Criminal and Disciplinary Liability of Lawyers

Any lawyer who drafts a power of attorney without following identity verification procedures, if that power of attorney is used in the commission of crimes such as money laundering, tax evasion, fraud, or illegal transfer of assets, may be prosecuted as an accessory or partner to the crime, depending on the case. The lawyer's lack of knowledge of the client's possible criminal intentions will not necessarily absolve them of responsibility.

The Only Legal Path: The "Mikhak" System and Consular Formalities

The Central Bar Association has announced that the only current legal and approved method for drafting powers of attorney for Iranians abroad is using the Ministry of Foreign Affairs' "Mikhak" system and completing consular formalities:

- The applicant refers to the Embassy or Consulate of the Islamic Republic of Iran in their country of residence
- Identity verification by a consular officer
- Signing and confirming the power of attorney in the presence of a competent authority
- Sending the official copy for use inside the country

Conclusion: The recent warning from the Bar Association can be considered the official end to the practice of SMS powers of attorney. Continuing such a practice could lead to disciplinary and criminal consequences. / Specialized Judiciary and Legal Information Portal

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