In today’s article, we will give some general information on practical and legal aspects of the Powers of Attorney in Spain.
What is a Spanish power of attorney? . It is the document by which somebody, principal, whether individual or legal person (companies) authorize another person/s, representative (individuals or companies), before a Spanish public notary or someone with notarial faculties (like a consul) to act on their behalf.
Content of power. We can authorize by means of a power someone to perform as many actions as we wish. Depending on the content, the powers are usually divided between:
.-Special or General POA: General is when contains all possible faculties, and Special when it is limited to some specific faculties. It is important if we give a general power to somebody, to make sure that the representative is person who we can trust 100%, because he/she will be able to act on our behalf in a very broad way. On the other hand, if we decide to give just a special power, we must be careful to do not limit it too much.
There are different kind of POA; for courts, preventive, to the vote, etc.
Formalities. The principal must identify himself and give his personal information: address, marital status, etc.
At the time of identification, if the principal is a natural person, must show to the notary the ID, passport or identity card.
In the case of companies, the company must be identified by means of Tax o registration number ( in Spain CIF) and the person acting on its behalf must prove its position and that could act on behalf of the company.
The representative. It is very important to identify the representative correctly, although it is not necessary for him/her to go to the notary to sign at the time of granting power.
If the POA will be used for a transaction with tax consequences, like a purchase, inheritance, etc. in Spain, all the parties must need a Spanish Tax number, if they are foreigners a NIE number.
With whom? If the power is signed in Spain, it should be done before a Spanish notary public and not before a lawyer, solicitor or similar, as happens in some countries like United Kingdom.
How to cancel it ?. The power could be revoked before any notary and the representative must be notified.
It is important to note that in principle the powers of attorney in Spain, unless otherwise stated, do not have a specific validity period, so if you do not say anything they will be valid until your death.
Conflict of interests clause. If, for example, you want to give power to a person who will later be part on a transaction with you, you must include a clause stating that you authorize him to represent you, even if he incurs in a conflict of interest. Example: if you want to donate a property to your child, and give him power to take care of everything.
Substitution clause. It is interesting that you foresee in power the possibility that the representative could appoint another representative if for example he is sick and cannot sign on your behalf, etc.
In general, there are very different ways to prepare and draft a power of attorney in Spain, the important thing is to ensure that in your case is done conveniently and according to your circumstances. If you want help with this or any other legal matter, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
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