office(at)lawyersspain.eu

  • [En]
  • [Fr]

Power of Attorney in Spain

Power of Attorney in Spain

Updated on Thursday 20th July 2017

Rate this article

based on 1 reviews


power_of_attorney_in_spain.jpg

A power of attorney is a legal document that is used in many European countries by persons 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.
 
One of the main benefits of the power of attorney refers to the fact that it can be enforced in numerous types of legal aspects, for example, for purchasing procedure of a property in Spain or on inheritance matters. At the same time, the document can be used for business purposes and it can be granted to a natural person, such as a family member of the donor, or to our team of Spanish lawyers, who can represent the businessman in a wide range of corporate aspects. 
 
 

Concluding a Spanish power of attorney

 
The power of attorney in Spain (Poder Notarial, in Spanish) 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 person who grants the power of attorney to another party). 
 
The public notary will verify the identity of the donor and he/she 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 party.
 
For certain legal issues, such as the registration of a company, investors may give the power of attorney to a Spanish lawyer who will handle the entire  procedure. In this case, the presence of the company’s investors on the Spanish territory is no longer required.  
 
Foreigners can request a power of attorney when they are outside Spain and, in this case, the document must contain the Apostille of the Hague, an official stamp that attests the fact that the respective document is valid in both the country of origin of the donor, as well as on the Spanish territory. The Hague Apostille can be obtained in Spain from three different institutions, depending on the issuer of the power of attorney. The regulations in this sense are provided by the Spanish Ministry of Justice
 

Power of attorney for real estate transactions in Spain

 
If a foreign investor wants to buy a property in this country, he or she can give the power of attorney to another person, such as an attorney in Spain, who will be responsible for the for concluding the sale/purchase contract. When the foreign citizen wants to take care personally of certain issues, he or she may stipulate in the document specific operations that will fall under the responsibility of our team of lawyers in Spain
 
The document can provide the right to handle various aspects that are usually required when purchasing a property. For example, our lawyers in Spain can receive the right to open a bank account, make specific payments, concluding various contracts related to the respective property (such as utility contracts) and others. 
 
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 the other person who was granted with the power of attorney cannot act on behalf of the donor even if they haven’t concluded the deal or the operation they were supposed to. 
 
Other situations when a power of attorney is considered terminated are when the donor is declared insolvent or when he or she decides to revoke the document. In order to revoke the power of attorney, it is necessary to conclude a Deed of Revocation of Power of Attorney
 
Persons interested in granting the power of attorney may contact our law firm in Spain. Our lawyers can represent foreigners in a wide range of legal matters
 

Comments

There are no comments

Comments & Requests


Please note that client queries should NOT be posted here but sent through our Contact page.