Power of attorney

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What is it?

A mandate contract or power of attorney is a document through which one person grants permission to another to act legally on their behalf.

FAQs

  • Power of attorney
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  • 1. What types of power are there?
     

    General power, which is granted for all types of business; and special power, which includes one or more specific businesses. Both can be granted by Public Deed, but general power must always be conferred through it.

  • 2. Who is responsible for the actions carried out with a power?
     

    If the empowered (the one who receives the power) acts within the sphere of the power, its effects fall only on the principal (who gives the power), but if the empowered acts outside the power, the actions fall on him. The general power grants powers without limitation, except for the exclusions or prohibitions that are agreed upon in it or contemplated by law (for example, granting a will).

  • 3. What data should they contain?
     

    General power: exact and complete data of the parties (who gives the power and who receives it), signature and seal of the notary, public deed with exact details of the person who receives and the person who grants the power. Any limitations must be specified.

    Special power: exact and complete data of the parties (who gives the power and who receives it), detailed description of the act to be performed, natural or legal personnel to which it is addressed, signature and seal of the notary.

    This document must be authenticated personally by the Notary, with the identification documents.

    If the power refers to one or several properties, you must indicate the real estate registration number and the cadastral code and upload (or enter) it to the repository of powers (VUR).

Requirements

  • General power:
    • Exact and complete information of the parties (who gives the power and who receives it).
  • Special power:
    • Exact and complete information of the parties (who gives the power and who receives it).
    • Detailed description of the act to be performed.
    • Firms.