Spanish Power of Attorney (Poder notarial)
If you're involved in a transaction in Spain but cannot be present in person, opting to appoint a local representative to act on your behalf can often streamline the process. To facilitate this, you will need to authorise a valid Spanish Power of Attorney. This Power of Attorney is executed in front of a Notary Public as a deed and is often provided in both Spanish and English.
Typically, the Power of Attorney needs to be in Public Form, requiring the Notary Public to be proficient in the Spanish language (in accordance with the Notaries Practice Rules) to handle your matter. We are fluent in Spanish and notarise Power of Attorneys in both public and private form.
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Drafting a suitable Power of Attorney
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When preparing your Spanish Power of Attorney, whether it is already drafted or needs to be created from scratch, it is crucial to address key questions regarding who to appoint as your Attorney and the powers you intend to grant them.
Typically, a Spanish Power of Attorney includes primary powers, such as those enabling your Attorneys to engage in activities like buying, selling, inheriting, and taking legal action in Spain. Additionally, supplementary clauses may empower your Attorneys to manage other significant tasks such as handling bank accounts and tax affairs.
The powers you delegate carry substantial implications, necessitating a balance to ensure your Attorneys possess sufficient authority to manage your Spanish affairs effectively without unnecessarily broad powers. Trust is paramount when selecting Attorneys in Spain, and it is often prudent to appoint more than one individual as a fallback option.
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Formalities
In order to ensure the effectiveness of your Spanish Power of Attorney, once you have finalised your choice of Attorneys and the powers granted to them, the document must be signed in the presence of a Notary Public. The Notary will verify your identity and ensure you comprehend and can legally grant the Spanish Power of Attorney. Following your signature, the Notary's signature must be formally recognised through the process of legalisation.
Legalisation and delivery
Notaries in the UK are qualified lawyers authorised to authenticate and certify signatures and documents for international use.
The legalisation process entails sending the Spanish Power of Attorney to the Foreign and Commonwealth Office in Milton Keynes, along with the appropriate pre-payment and a request for an Apostille to be affixed to the Notarised document. An Apostille serves as a certificate attached to the Power of Attorney, facilitating its immediate recognition in Spain.
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After the Spanish Power of Attorney has been legalised, the next step is to deliver the document to the designated representatives. If one of your Attorneys is currently in the UK and planning to travel to Spain soon, they may be able to take the document with them on their upcoming trip. However, if the appointed individuals under the Spanish Power of Attorney are located in Spain and require the document promptly, using a courier service would likely be the most reliable delivery method.