October 15, 2011, 10:11 pm
A power of attorney in Poland is defined as an agreement completed in a written form with notarised signatures. The Polish law mentions that an original power of attorney in Poland must be signed by the applicant or if the grantor is a company, by an authorised representative. A power of attorney in Poland authorises a person to act on behalf of another individual. Actually, Polish Civil Law makes a difference between statutory representation based on statutory law and a power of attorney based on a notarised declaration.
The Polish Civil Code stipulates that a general power of attorney in Poland offers authorisation for acts of ordinary management. Whatever is beyond ordinary management requires a special power of attorney in Poland. This is the case of a specific power of attorney in Poland which empowers one person to perform legal in only one category specified in the document.
An ordinary power of attorney in Poland is different from a commercial power of attorney in Poland, also known as a proxy or prokura. Legal entities can be represented by proxy holders under a power of attorney which entitles an individual to act on behalf of the company. This special type of power of attorney in Poland can only be given by entities registered with the National Court Register or a company that is about to register. A person with a special power of attorney in Poland can represent the company before courts, state and local administrative bodies. However, the Polish Civil Code regulates and limits the activities that a proxy holder is entitled to perform. Capital companies have to obtain the consent of all members of management board before giving power of attorney in Poland. Even more, in partnership entities, all partners have to agree upon the person who is given a power of attorney in Poland.
A power of attorney in Poland can be revoked at any time by the person or entity who gave it. If the attorney wants to quit the deal and transfer it to another person, the Polish Code of Obligations states that it is impossible, since the power of attorney in Poland is given based in a relation of trust, therefore, the attorney cannot be substituted unless the grantor agrees.
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