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What you need to know about the Romanian Power of Attorney

Question: What is the power of attorney in Romania?

Answer: The power of attorney has the legal value of a mandate through which the lawyer is appointed to represent and to aid the client in Court, before authorities or public institutions, or the bodies of prosecution and other competent authorities, but also to carry out the activities covered by the contract for legal aid.

We can see that there are several types of power of attorney, depending on the boundaries that are set out between the client and lawyer regarding the activities and operations for which the lawyer is authorized to act on in the name of his client.

The general power of attorney offers the lawyer authority to act in respect of all the acts of the client or to administer his estate, depending on the object of the legal aid contract, while the special power of attorney is granted to the attorney for certain operations, for example representation in inheritance, managing a property or a business, opening a company or buying various securities or real estates.

The power of attorney can also be instrumental for those foreign nationals interested in buying property in Romania but who cannot be present in the country during the entire procedure. By acting on the foreign national’s behalf, and acting in his best interests, our attorney appointed through this special document will represent the foreign buyer in front of the seller and the authorities.

The team of experts at our law firm in Romania can provide complete details about each of these types.

The power of attorney produces legal effects similar to the mandate agreement governed by the New Civil Code.

Question: How do I give the Power of Attorney to another person or to a lawyer, in Romania?

Answer: The Romanian power of attorney functions on similar principles as those abroad, certainly emphasizing a set of unique traits as well. It works as a legal tool for authorizing another person to take action on your behalf. Requirements are not exhaustive and the mechanism behind is clear and approachable. Individuals can either give POA to another individual or to an attorney. Some documents with the power of attorney specifics do possess explicit indications for proceeding to particular actions and others are far more general.

In order to give the Romanian power of attorney to another person or to a lawyer, such as one of the lawyers in Romania from our team, the individual in question must certify the document in the presence of a public notary. The mandator must provide ID information and documents, but the presence of the mandatary is not required. That is why individuals outside Romania can empower people in our country to perform various actions via a public notary in their country. Sometimes, the “apostille” certifications as stipulated by the Hague Convention Treaty are necessary. Some countries such as France or Spain no longer impose this, since a subsequent bilateral agreement simplified the overall procedures.

Our team of Romanian lawyers can not only act on behalf of your best interests under this document, they can also provide assistance for properly drafting and preparing the power of attorney.

Question: What happens if I am not part of a country of the Hague Convention Treaty?

Answer: In countries which are not part of the Hague Convention Treaty the POA must be overcertified. The valid time period for the Romanian power of attorney can be established through a specific date added to the document, or by the occurrence of certain instances such as the death of the mandator or of the mandatary, at the completion of all actions indicated in the document, the moment when the mandatary  renounces his duties or the mandate is revoked.

Our team of lawyers in Romania can give you more information on the duration of the document based on its type (general or specific).

Question: I need to give power of attorney to a lawyer in Romania. What do I have to do?

Answer: If the mandator intends to authorize a lawyer to represent him in various legal matters in Romania, then a general or a special power of attorney document shall be signed. The special power of attorney is either conceived as a document authorizing the attorney to perform only one legal procedure, e.g., acquisition of real estate, or a series of legal procedures related to an entire process such as the creation of a company. The special Romanian power of attorney may be given to a lawyer in our country, Romania, concerning a case which is to take place and the client in question is involved, regarding various responsibilities which imply the interaction with local authorities or other registration procedures for civil documents. One of our attorneys in Romania can fulfill this role.

Question: Can the power of attorney be granted for carrying out activities in another country?

Answer: Yes, the power of attorney may be granted to a lawyer for operations that will not be conducted in Romania.

However, the power of attorney must be translated at the notary, for example to the notary who drew up the power of attorney, but it alos must be apostilled at the Court of Appeal in order to produce effects in the desired country. Our attorneys in Romania can provide more details about this procedure.

Question: What are the ways in which a power of attorney ceases in Romania?

Answer: Seeing as the power of attorney’s effects are largely governed by the legal provisions relating to the mandate, it is only natural that these effects also cease under the same provisions.

Thus, the power of attorney can cease in the same ways as the mandate contract, such as the ones described below by our lawyers in Romania:

  • revocation by the mandator;
  • renounciation by the mandatary;
  • death, incapacity or bankruptcy of the mandator or mandatary;
  • expiration of the duration of time for which it has been set out.

Each situation may indicate another particular instance. Sometimes giving the power of attorney to someone in Romania may prove a little bit intricate, since multiple circumstances may reveal more unexpected impediments. This is why we are here to help you, so you won’t have to worry about any legal issues, while you are fully focused on your business and personal matters. Through our law firm in Romania, we have a team of expert lawyers, ready to explain every possible aspect related to your individual case. For a free case consultation, please call us now!

by Cristian Darie