Notary Public Services - Spanish Powers of Attorney

Alice, a notary public in Bournemouth, Dorset and Hampshire, is experienced in notarising powers of attorney for Spain and in obtaining apostilles.

Alice is frequently approached by clients who are based in England who are:

• Purchasing or selling a property in Spain.
• Obtaining a Spanish NIE number.
• Opening a business, or starting to trade, in Spain.
• Needing to register for VAT in Spain.

In these circumstances, the client will usually need to sign a Spanish power of attorney document. 

Alice, a notary public, will need to be involved because if a power of attorney needs to be used in Spain, and is being signed in England, it must be notarised and apostilled before it can be legally recognised, and used, in Spain.

Alice regularly assists clients by notarising Spanish powers of attorney. Alice can then arrange for the notarised document to be apostilled by the UK Foreign, Commonwealth and Development Office (Spanish lawyers often refer to this as an 'apostille of The Hague' or 'The Hague apostille') and then couriered to Spain. 

A power of attorney is a legal document which is used by an individual, or company, to appoint a trusted person (or trusted people) to make important decisions on its behalf.

A power of attorney is usually called ‘Escritura de Poder’ or ‘Poder Notarial’ in Spain.

You may not wish, or have the time, to travel to Spain to deal with matters which, under Spanish law, require your personal attendance. As an alternative you can grant powers to a trusted person (which is often a Spanish lawyer) to deal with matters on your behalf. 

Spanish lawyers often confirm the most efficient way forward is for the clients in England to grant a Spanish power of attorney to them so they can act on behalf of the clients locally in Spain.

The following are common reasons why you may decide to sign a Spanish power of attorney:

1. To buy or sell property in Spain.
2. To inherit property in Spain.
3. To deal with the administration of an estate in Spain.
4. To incorporate a company in Spain.
5. To issue legal proceedings in Spain.
6. To deal with Spanish taxes and bank accounts.
7. To obtain an NIE number (this is a personal, unique and exclusive number that is assigned to foreigners who, for economic, professional, or social reasons, are engaged in activities related to Spain and require identification in Spain).
8. To carry out certain business activities in Spain, such as selling products on Amazon in Spain.

You will need to instruct a lawyer who is qualified in Spanish law to draft the relevant power of attorney document. 

Engaging the services of a Spanish lawyer is important because Spanish law is different to English law – this means English lawyers are unable to assist with drafting a Spanish power of attorney (unless they are also qualified in Spanish law).

The Spanish lawyer will take your instructions and draft a document which contains all of the relevant clauses for your required purpose.

They will usually draft the power of attorney document in ‘dual language’ (i.e. Spanish and English) – Spanish, because the document is going to be used in Spain, and English because it is going to be signed in England.

Often, Alice's clients already have a Spanish lawyer who is happy to assist. If you do not have one then Alice is able to make recommendations.

Alice always strongly recommend her clients obtain full advice from their Spanish lawyer on the nature and contents of the power of attorney document before they sign it. This is to ensure they understand, and are happy with, all of its provisions. 

When granting a power of attorney, it is important to understand the exact powers you are granting to your attorney(s) as these can have significant legal consequences. You will need to strike a balance to ensure your attorneys can effectively manage your affairs but do not have powers that are wider than necessary.

Once your Spanish lawyer has drafted the power of attorney document, and you have obtained legal advice, the document will need to be sent to Alice so she can begin the notarisation process.

Upon receipt of the draft power of attorney document, Alice will review it carefully to ensure everything is in order.

Alice will sometimes need to correspond with the Spanish lawyer to ask questions or obtain clarification on certain points.

Alice will then be able to meet you so the power of attorney document can be signed and notarised. Alice will need to officially identify you and ensure you have understood the terms of the document. Alice will then need to ensure all formalities are met for your power of attorney to be accepted in Spain, which includes ensuring it is executed as a deed and sometimes includes attaching a photocopy of your passport (sometimes every single page of your passport) to the notarised power of attorney document.

Alice can then arrange for an apostille to be obtained, which is a certificate from the UK Foreign, Commonwealth and Development Office which confirms the authenticity of her signature and seal on the power of attorney document. An apostille is required for the power of attorney to be legally recognised in Spain.

Alice can then arrange for the final document to be couriered to Spain, updating both you and the Spanish lawyer at all stages of the transaction.

Alice is a notary public in Bournemouth and provides a full range of notary public services in Bournemouth,  Dorset and Hampshire including in Christchurch, Poole, Ringwood, Ferndown, Wimborne, Dorchester, the New Forest, Eastleigh and Chandler's Ford.

If you require notary public services for Spanish powers of attorney in Bournemouth, Dorset and Hampshire, then please contact Alice on 07780812793 or alice@agt-notarypublic.co.uk.

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