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Legal Effects of a Power of Attorney Granted out of Spain

Via: ReleaseWire

Updated 1:54 PM CDT, Mon, June 26,2017

Do you wish to sell your property in Spain? English speaking Spanish lawyer in Marbella wish you to line out the following to take into account at the time of using a Power of Attorney in Spain.

Marbella, Malaga -- (ReleaseWire) -- 06/26/2017 -- In the event you are a British citizen living in the United Kingdom who owns a home on the Costa del Sol and wish to sell the property but it is impossible for you to travel to Spain to appear before a Spanish Notary to grant the Sale Title Deed because of health circumstances.

In this situation, the only way to complete the sale of your in Spain is by granting a Power of Attorney before a "Notary Public" in the United Kingdom in favour of who is able to attend at the Spanish notary at the time of the sale.

In general terms, the Power of Attorney granted abroad (out of Spain) will be equivalent to the Spanish one, if the following elements are present:

– That the Power of Attorney needs to be authorized by one who has in his country the competence to grant public documents (notarized public faith).

– That the "notary" guarantees the identity and capacity of the grantor for the legal act or business in question.

However, the resolution of the Public institution that controls the Land Registries and Notaries in Spain dated September 14th, 2016, understands that documents issued before English "Notary Public" are equivalent to a simple legitimation of signatures of the person granting the document, without this "Notary Public" awards a capacity judgment.

Unbelievable, but this means that there would be no equivalent of functions of the public official (UK notary public) and the Spanish notary, so the Power of Attorney granted before that would not have legal effects in Spain and the sale of the property cannot be completed.

It seems that this resolution of the Public entity that rules the public Registry´s and notaries in Spain has raised some doubts about the granting and use of Powers of Attorney granted abroad.

Contact our law firm in Marbella now if you have inquiries in the granting of a Power of Attorney in your country of origin to be used in Spain, where we will advise you conveniently.

About Welex
Welex, Legal and tax experts in Spain. In our office in Marbella, all our lawyers are registered members at the Málaga Bar Association. We advise you on matters of purchase and sale of real estate, wills, inheritances, commercial and labour matters, contracts, quantity claims, civil and criminal proceedings, competition law, trademarks and trade names.
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