In today’s article, we will give some general information on practical and legal aspects of the Powers of Attorney in Spain.<\/p>\n
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What is a Spanish power of attorney?<\/strong> . It is the document by which somebody, principal<\/strong>, whether individual or legal person (companies) authorize another person\/s, representative<\/strong> (individuals or companies), before a Spanish public notary or someone with notarial faculties (like a consul) to act on their behalf.<\/p>\n <\/p>\n Content of power. <\/strong>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:<\/p>\n <\/p>\n .-Special or General POA:<\/span> General is when contains all possible faculties, and Special<\/span> 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.<\/p>\n <\/p>\n There are different kind of POA; for courts, preventive, to the vote, etc.<\/p>\n <\/p>\n Formalities.<\/strong> The principal must identify himself and give his personal information: address, marital status, etc.<\/p>\n At the time of identification, if the principal is a natural person, must show to the notary the ID, passport or identity card.<\/p>\n 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.<\/p>\n <\/p>\n The representative.<\/span> 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.<\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n With whom?<\/strong> 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.<\/p>\n <\/p>\n How to cancel it ?.<\/strong> The power could be revoked before any notary and the representative must be notified.<\/p>\n 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.<\/p>\n <\/p>\n