Power of Attorney in SpainUpdated on Monday 18th April 2016
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A power of attorney is a legal document usually used in many European countries by people who are not able to attend certain events or places and who want to be represented by someone else who will have the power to act on behalf of them for signing contracts, taking decisions, submitting documents etc. If you have businesses in Spain and you want a specific person to take care of certain missions, you can give the power of attorney to this person.
How must a power of attorney in Spain be concluded?
The power of attorney in Spain must be concluded in writing, in front of a public notary, and it must include all the activities that can be performed on behalf of the donor. The public notary will verify the identity of the donor and he will make a statement regarding the donor who understands the effects and the content of the power of attorney. The content of a power of attorney may vary from one document to another and it will be chosen according to the needs of the donor who can give broad or limited powers to a third person.
For certain legal issues, such as company formation, you may give the power of attorney to a Spanish lawyer who will take care of the whole procedure and you won’t have to travel to this country in order to handle the registration procedure.
Power of attorney for real estate transactions
If a foreign investor wants to buy a property in Spain, he can give the power of attorney to another person, such as an attorney in Spain, who will be responsible for the whole acquisition. When the foreign citizen wants to take care personally of certain issues, he may stipulate in the power of attorney only a few operations the Spanish lawyer is entitled to handle.
A power of attorney in Spain may or may not have an expiry date and the second option is used when it is difficult to estimate the period of a certain operation, such as buying a property or concluding a contract.
A power of attorney is considered terminated after the death of the donor and the Spanish lawyer or other person who has a power of attorney cannot act on behalf of the donor even if they haven’t concluded the deal or operation they were supposed to because they will need a new power of attorney.
Other situations when a power of attorney is considered terminated are when the donor is declared insolvent or when he decides to revoke the document.
If you need a power of attorney, you may contact one of our Spanish lawyers who will offer you detailed information and who will help you sign the document in front of a Spanish public notary.