September 29, 2011, 2:56 pm
The Power of Attorney in France is known as a “procuration” in French and has the role of granting the person appointed the right to represent the person who grants the power, as well as undertake actions on behalf of the latter. The French Power of Attorney or POA is necessary when a person cannot attend the completion of formalities in certain transactions or any situations that require signing papers or legal representation. This procedure is powerful in French law, therefore a Power of Attorney in France should be granted only to persons of trust, such as a member of the family or a lawyer. However, it is recommended to ask for advice before granting Power of Attorney in France.
The French Power of Attorney usually contains full names of the both parts and details of the deed that can be signed on the basis of this act, as well as any other formalities that have to be finished. A French Power of Attorney empowers the person appointed to perform activities such as paying taxes, signing documents, filing applications, operate accounts, receiving official certificates or titles, carrying out formalities in certain transactions.
In order to be valid, a Power of Attorney in France has to meet the requirements of French law. This is why a Power of Attorney in France has to be signed in the presence of a public notary who must authenticate the document. The Power of Attorney in France can be granted to a clerk of the notary office, but the public notary cannot be at the same time a granted representative. The French Power of Attorney must be dated and signed by hand by the person who grants the power. This is why the French Power of Attorney can be completed in the state where the granting person is and made valid by a public notary.
A Power of Attorney in France can be valid for a specified period of time, usually three months, but if not specified, the document ends its rights on the death of the person who granted power. There is also the possibility to have a posthumous Power of Attorney in France that becomes valid at the death of the person who empowers a representative. Usually, this situation happens when an heir will take over some businesses. The representative entitled by the French Power of Attorney can administrate assets and not be subject to any prohibitions under the French law.
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