Question: How do I give the Power of Attorney to another person or to a lawyer, in Romania?
Answer: The Romanian power of attorney functions on similar principles as those abroad, certainly emphasizing a set of unique traits as well. It works as a legal tool for authorizing another person to take action on your behalf. Requirements are not exhaustive and the mechanism behind is clear and approachable. Individuals can either give POA to another individual or to an attorney. Some documents with the power of attorney specifics do possess explicit indications for proceeding to particular actions and others are far more general.
In order to give the Romanian power of attorney to another person or to a lawyer, the individual in question must certify the document in the presence of a public notary. The mandator must provide ID information and documents, but the presence of the mandatary is not required. That is why individuals outside Romania can empower people in our country to perform various actions via a public notary in their country. Sometimes, the "apostille" certifications as stipulated by the Hague Convention Treaty are necessary. Some countries such as France or Spain no longer impose this, since a subsequent bilateral agreement simplified the overall procedures.
Question: What happens if I am not part of a country of the Hague Convention Treaty?
Answer: In countries which are not part of the Hague Convention Treaty the POA must be overcertified. The valid time period for the Romanian power of attorney can be established through a specific date added to the document, or by the occurrence of certain instances such as the death of the mandator or of the mandatary, at the completion of all actions indicated in the document, the moment when the mandatary renounces his duties or the mandate is revoked.
Question: I need to give power of attorney to a lawyer in Romania. What do I have to do?
Answer: If the mandator intends to authorize a lawyer to represent him in various legal matters in Romania, then a general or a special power of attorney document shall be signed. The special power of attorney is either conceived as a document authorizing the attorney to perform only one legal procedure, e.g., acquisition of real estate, or a series of legal procedures related to an entire process such as the creation of a company. The special Romanian power of attorney may be given to a lawyer in our country, Romania, concerning a case which is to take place and the client in question is involved, regarding various responsibilities which imply the interaction with local authorities or other registration procedures for civil documents.
Each situation may indicate another particular instance. Sometimes giving the power of attorney to someone in Romania may prove a little bit intricate, since multiple circumstances may reveal more unexpected impediments. This is why we are here to help you, so you won't have to worry about any legal issues, while you are fully focused on your business and personal matters. Through our law office, we have a team of expert lawyers, ready to explain every possible aspect related to your individual case. For a free case consultation, please call us now!
by Cristian Darie