How do I issue a power of attorney abroad?

How to issue a power of attorney abroad?

A power of attorney allows the authorised person to act on behalf of the principal: to represent interests, conclude transactions, sign agreements and applications, etc. As a rule, real estate, vehicles, corporate rights and funds can only be transferred on the basis of a notarised power of attorney.

If a person, while abroad, wants to certify a power of attorney for use in any other country other than his/her place of residence, he/she can do so in several ways:

1. Certification at the consulate

2. Notarization (Officer of Justice) with legalization

3. Notary certifications with apostille

4. Notarization without apostille

5. Other methods

1. Certification at the consulate

The power of attorney can be legalised at the consulate of the country in which it is to be used.

To do this, you will need to clarify the language in which the power of attorney should be drafted, prepare a draft power of attorney (it is recommended to email it to the consulate in advance), and appear in person at the consulate to have the power of attorney certified.

Depending on the country, the consulate may issue not only a power of attorney, but also an annex to the power of attorney, which is required in the country where the power of attorney is to be used, so that the power of attorney can be registered in the register of powers of attorney on the basis of this annex. This means that the authorised person will have to submit the power of attorney and the annex to a local notary (another authorised person of the Ministry of Justice) in order for the power of attorney to be registered in the electronic register of powers of attorney.

No additional certification (apostille, legalisation) or translation of such a power of attorney is required. 

2. Notarization

The power of attorney can be certified by a notary in the principal's country. We recommend that you agree in advance with the notary the language in which the power of attorney will be certified and prepare a draft power of attorney.

The further procedure depends on the mutual recognition of official documents between the country where the power of attorney will be certified and the country where it will be used.

If the simplified procedures is not applicable, it is necessary to legalise the power of attorney.

If the countries are parties to the Convention on the Abolition of the Requirement for Legalisation of Public Documents, it is sufficient to affix an apostille to the power of attorney, which is much simpler, faster and cheaper than the procedure for legalisation of the document.

If there is an agreement between countries that abolishes the requirement to legalise public documents with an apostille, i.e. documents are recognised without additional legalisation, then certification of the power of attorney by a notary is sufficient.

2.1. Certification by a notary (officer of justice) with legalization

If the country where the power of attorney is certified OR the country where the power of attorney is to be used is not a party to the Convention (the list can be checked at the link), the power of attorney must be legalised in order to be certified. Applicable for example to: UAE, Egypt.

In this case, the signature of the notary (judicial officer, lawyer) is certified first by the Ministry of Justice of the country where the power of attorney was issued, and then by the consulate of the country where the power of attorney will be used.

The procedure is complicated and lengthy, so we recommend to contact local lawyers to help you legalise the power of attorney.

2.2. Notary certifications with an apostille

This procedure for certifying documents applies to most cases.

If the country where the power of attorney is certified AND the country where this power of attorney will be used are parties to the Convention (the list can be checked at the link), then certification of the power of attorney requires only apostillization (affixing an apostille).

An apostille serves as a confirmation that the relevant notary has the authority to perform a specific notarial act and that the signature on the power of attorney belongs to the notary who certified the power of attorney.

An apostille is usually issued by the Ministry of Justice of the country where the power of attorney is certified.

Therefore, when contacting a notary, you should ask whether notary can order an apostille on his own, or whether you can find out the procedure for such certification by the principal himself.

In some countries (e.g. Belgium), the apostille is issued electronically, which may cause difficulties when used in another country. It is also advisable to discuss this issue with lawyers in the country where the power of attorney is to be used. 

2.3. Notarization without an apostille

If there is an agreement between countries that abolishes the requirement for an apostille for official documents, i.e. documents are recognised without additional certification, then notarisation of the power of attorney is sufficient.

It is better to check the existence of such an agreement on a case-by-case basis.

Documents issued within the EU do not require any further legalisation for use within the EU (more details here).  

In practice, therefore, before a power of attorney is certified by a notary, the following must be clarified

- Is there a simplified procedure for the recognition of official documents between the country where the power of attorney will be certified and the country where it will be used? If not, then -

- Are the countries in which the power of attorney is certified and in which it will be used parties to the Convention? The list of participating countries can be found under the link. If not, then -

- Find contractors to help you legalise the power of attorney or arrange the whole legalisation process in advance with the local Ministry of Justice and the Consulate of the country where the power of attorney will be used.

3. Other methods

There are other ways of certifying powers of attorney, e.g. by the captain of a ship, but these are exceptional cases and it is better to try to avoid them. 

Other general recommendations:

- The draft power of attorney must be agreed with lawyers and institutions in the country where it will be used.

- Agree on the language in which the notary will certify the power of attorney. In Germany and Austria, it is allowed to certify the power of attorney in a language other than German, only the notary makes an inscription in German. This simplifies and reduces the cost of the procedure for drawing up the power of attorney.

- For each type of power of attorney certification, the principal must appear in person and present identification (preferably the ID).

- If the power of attorney is drawn up in a language other than the official language of the country where it will be used, it is better to have it translated in the country where the power of attorney will be used. It is better to discuss the translation requirements with local lawyers.

A sample power of attorney can be found at the link.