Power of Attorney in Portugal

A power of attorney in Portugal grants someone the power to act on another person’s behalf. A power of attorney in Portugal can be completed at a public notary’s office and it is known as “procuracao”. A power of attorney in Portugal is needed in different situations, such as purchases, sales of properties or signing documents. The power of attorney usually has the form required by the business that the representative will perform.  The attorney must be able to understand the business he is empowered for. A person can also be appointed by power of attorney in Portugal to represent another individual or legal entity in court, but this can only be performed by lawyers or solicitors, under the code of procedure.

A power of attorney issued in another country for the use of it in Portugal must be prepared by the Portuguese Consulate in that country or by a local notary. Besides, it is necessary to translate the power of attorney in Portuguese and accompany the document by a Notary Certificate of Apostille of the Hague Convention.

If a power of attorney in Portugal is not presented on request or if it is not complete or contains irregularities, the Portuguese Code of Civil Procedure stipulates that a judge must set a time limit to complete the power of attorney in Portugal. If at deadline, the document is not presented or the mistakes are not rectified, then all acts performed by the attorney so far lose their validity. In addition to that, it may be the case for the attorney to pay some legal fees if the court considers the damages caused are too high. 

In order to transfer the power to another representative, the first attorney must obtain the donor’s authorisation, unless the power of attorney already stipulates something regarding this modification. The renunciation of the representative is regarded as the end of the power of attorney, but the represented person can also revoke the power of attorney at any time. If the power of attorney regards a third person too, the document ends when all parties agree upon the decision, unless the circumstances are much more severe and require immediate intervention. 

Portuguese law allows the issuance of electronic power of attorney in Portugal, based on the rules of the Citizen’s Card Act. According to this act, any individual or legal entity can grant an electronic power of attorney in Portugal, provided that the application contains a qualified signature. Portuguese citizens are not the only ones who benefit from this service, because Brazilian citizens are also entitled to obtain an electronic power of attorney in Portugal.

BridgeWest offers company formation in Portugal, including virtual office and other related services.