The Power of Attorney (POA) is the act in which the Romanian lawyer receives the authorization to develop a certain activity in the name and for the client, whether he is a natural or legal person.
It is a written special mandate, given by the client to the solicitor, representing the collaboration’s general framework, the most important condition being that the mandatory to be capable to contract himself the act whose achievement charges the attorney, and the assignee must always have full exercise capacity.
So that the Power of Attorney to be valid, it must be signed personally by the client and the attorney and contain the client’s and attorney’s identification data, the task that must be fulfilled and also the date when the Power of Attorney is signed.
In our country, depending on the legal operation or operations required, there are several types of empowerment:.
1. The General Power of Attorney or procuratio omnium bonorum is the empowerment given to the lawyer to perform legal operation for the entire client’s activity. In this category are included conservative and administrative acts.
2. The Special Power of Attorney or procuratio unicus rei is the act in which the solicitor is empowered for:
a) Certain legal operations as: selling or acquisition of certain assets, founding a company in Romania, administering a property etc.
b) A sole legal operation as: the acquisition or mortgaging a building, cashing an amount of money.
Through the special Power of Attorney may also be fulfilled the next tasks:
– Registering in Romania civil status documents and other type of documents – birth certificates, marriage certificates, divorce documents, death certificates.
– Requirements from local authorities as town-halls, The General Passports Direction, The Ministry of Interior, The Ministry of Public Finances, The National Agency for Fiscal Administration and Labor Ministry.
– Update services in law cases where the client is part: information regarding the case, the processual stage, documents, procedure, sentences where if needed.
The Power of Attorney given abroad
Not only the Romanian clients can empower a lawyer for certain legal operations, existing the possibility that both foreign natural and legal persons can empower a Romanian attorney to perform legal operations in Romania.
The foreign clients can empower Romanian solicitors by certifying the Power of Attorney at a Public Notary from their country.
If the respective state is member of the Hague Convention, besides the certification at the Public Notary, it is necessary to be apostilled with apostille from the Hague Convention.
In some countries the apostillation is no longer necessary, due to the fact that the procedure was simplified through bilateral agreements.
If the country is not a member of the Hague Convention it is necessary that the power of Attorney to be over-legalized.
This ceases to produce its effects:
– when the duty is performed;
– at the expiry of the term mentioned in the empowerment;
– the revocation of the mandate;
– attorney’s renunciation;
– the occurrence of certain limitations on capacity to contract;
– at the death of either party.