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.
1. Documents for the principal(s) 위임자:
-Valid passport
-Valid Spanish National ID (DNI) [only for Spanish Nationals]
2. Documents for the agent(s) 수임자:
-Copy of the DNI or NIE (in the case of a power of attorney for lawsuits, it is necessary to provide a copy of the DNI or NIE of the lawyers and party agents).
3. Minuta: description of the powers to be delegated through the power of attorney. An official record may be provided [MS Word format]
4. Payment of the fee. Please refer to the section Consular Service fees.
Procedure
Any Spanish or foreign resident in the Republic of Korea who wished to execute a public deed in this Embassy in Seoul should first send an email with required documents [from 1 to 3] to emb.seul.sc@maec.es
The Embassy will then require a series of information and a copy of some documents. No sooner the offical who will authorise the deed will have the necessary information to draw it up, the Embassy will ask the principal(s) to forward the originals of some of those documents and will schedule an appointment for the execution of the deed.
On the day of the appointment, the principlal(s) shall come with the original documents of which he/she has provided a copy, any other document that the Embassy may indicate and, in any case, the original of the document with which he/she identifies him/herself (passport/DNI). The principal(s) shall pay on that day in cash the fee.
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.