Sometimes, for business reasons, we are either away or unable to go and make a purchase or close a deal ourselves, and we have to send someone in our place. That is what a power of attorney letter is for.
As a rule, we go to a notary or lawyer to draft it for us. As you probably know, a notary isn’t cheap, and on top of that we have to take time out to go to their office.
A power of attorney letter is actually very simple to write. If at some point you need one, you can download a very simple template here:
Here are some tips for drafting the letter:
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Identify precisely the person or people to whom we are granting the power, with their full name and DNI (Spanish national ID number), or CIF (tax ID number) if it is a company.
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State the powers granted to that person to act on our behalf. That is, whether they may use our name for one specific purchase or sale (specify which) or act in all future transactions (complete freedom). Maximum transaction amounts can be specified. Here is an example.
Barcelona, Spain, 20 December 2012
POWER OF ATTORNEY
To: «TO WHOM IT MAY CONCERN» Example: Comandancia rectora de derechos civiles S.L.
I hereby grant Mr. A. Carlos González, holder of DNI XXXXXXXX, broad, full and sufficient power to, in my name and on my behalf, sell the property located at C/ Moraleja No. X, and likewise to answer any claims and counterclaims brought against me, raise dilatory and peremptory defenses, present all kinds of evidence, acknowledge signatures and documents, challenge as false those submitted by the opposing party, call witnesses, appear before higher or lower courts, receive interlocutory and final rulings, accept favorable ones and request the reversal of unfavorable ones, appeal, file for constitutional protection (amparo) and withdraw any appeals filed, request clarification of judgments, enforce, attach assets, and represent me in any attachments ordered against me, request the auction of attached assets, appoint experts and object to those of the opposing party, attend auctions, settle this case, collect payments and issue receipts and discharges, submit this case to arbitration, arrange the provision of guarantees and, in short, pursue all remedies that favor my rights, as well as delegate this power, ratifying as of today everything he does in this matter.
Add any clauses you see fit: I limit the power granted by this document so that Mr. A. Carlos González has no power to sell the property located at XXXX for less than XXXX.
This document is valid from the 20th day of December 2012 and expires on the Xth day of X 200X.
4 corresponding signatures.
If you draft the letter on behalf of a company, remember that it must bear the signature of the company’s legal representative and the company stamp. Once it is drawn up, you’ll need two witnesses who are present and sign the document as witnesses to the granting of the power, as shown in the downloadable template.
Further reading
- How to be a successful businessperson
- What to invest in during a crisis
- Starting a business or buying one
Featured image: Unknown author, Public domain, via Wikimedia Commons.
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