Powers of attorney may be granted by Spanish or foreign citizens to authorize an agent to perform any valid legal act or business activity in Spain.
There are different types of powers of attorney. The most common are:
General power of attorney: This power entitles an agent to carry out, on behalf of the principal, and without limitations, any act valid in law (e.g., buying, selling, managing assets, entering into contracts, mortgaging assets, establishing a corporation, acting in an inheritance, opening and managing bank accounts, making payments and collecting debts).
General power of attorney for lawsuits: This power is granted to one or more lawyers and/or party agents (procuradores) to represent the principal in all types of legal proceedings, with broad powers.
Special power of attorney for lawsuits: This power is granted to one or more lawyers and /or party agents to intervene in a specific judicial process.
Special power of attorney: This power is granted to one or more agents to represent the principal in one or more specific legal acts or business activities (e.g., buying, selling, managing assets, accepting an inheritance or donation, establishing a corporation, pension collection, obtaining a Foreigner Identity Number [NIE]), in accordance with the conditions established by the principal.
Documents required
In addition to the documents listed below, the Consular Office may request additional data or documents when necessary to assess the application.
2. Valid Spanish NationaI ID (DNI) and passport of the person who will sign the power of attorney. NIE if not a Spanish citizen and passport.
3. DNI or NIE copies of the people receiving the power of attorney. In the case of a power of attorney for lawsuits, it is not necessary to provide a copy of the DNI or NIE of the lawyers and party agents.
4. Minutes or ''Draft''. This is the document where formal wording of the powers to be granted by the principal, appears. These will be reflected exactly in the powers so it is recommended to be carried out by a lawyer in Spain or specialist in the field. It is mandatory that the text is written in Spanish and in Word format (.doc), this document will not be accepted in pdf. If you wish to add a regulatory agreement to the notarial deed, you must also provide the original agreement already signed by both parties.
5. Payment of the fee, which varies according to the length of the document, the number of principals, and the number of copies requested.
Procedure
Due to the high demand, this Consulate currently offers this service only to Spanish nationals residing permanently in this jurisdiction. You need to request a previous appointment through cog.boston@maec.es.
Revoking a power of attorney
Powers of attorney that are authorized by a Spanish notary or consul may be revoked at any time by means of a deed of revocation, which may be issued at this Consular Office, regardless of whether the power was authorized by a notary in Spain or by another Consul.
Relevant legislation
- Decree of 2 June 1944
, definitively approving the Regulations on the Organization and Activities of Notaries.