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. They will be written in Spanish.
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.
- A completed power of attorney application form
- Valid Spanish NationaI ID (DNI) or passport of the principal.
- NIE of the principal, if of foreign nationality.
- Copy of the DNI or NIE of the agent(s)
- In the case of a power of attorney for lawsuits, it is not necessary to provide a copy of the DNI or NIE of the lawyers and party agents.
- A description of the powers to be delegated through the power of attorney. An official record may be provided.
- Payment of the fee, which varies according to the length of the document, the number of principals, and the number of copies requested.
Procedure
The consular jurisdiction of the Spanish Embassy in Ottawa covers only the National Capital Region (Ottawa and Gatineau).
All applicable documents should be sent by email to: emb.ottawa.sc@maec.es.
A personal appearance is always necessary on the day the document is signed. Principals must identify themselves with an original and valid DNI or passport. An appointment will be given when the Power of Attorney is ready to be signed.
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.