by Vlad Cuc
A Romanian Power of Attorney has the same basic concept as one in the Western legislations: a document empowering someone else to handle a certain task on behalf of another person/company.
In order to be valid, the Power of Attorney must contain certain elements, respectively: identification data of the mandator and mandatary, the respective task to be completed, the document’s date. In certain cases the POA must be certified by a Public Notary.
The Power of Attorney must only be signed by the mandator to be represented in certain situations, therefore the presence of the mandator in front of the Notary is not required. For instance, a Power of Attorney can be signed by a Public Notary abroad then sent to Romania.
Per the Romanian legislation there can be three types of Power of Attorneys according to the type of task:
1. General POA – The mandatary is empowered to handle all the mandator’s activities. Usually this type of Power of Attorney is given when the total administration of one’s patrimony/business is required.
2. Special POA – The mandatary is empowered to act in behalf of the mandator in certain determined operations, such as administering of a real estate property, purchasing certain materials etc.
3. POA given for a single operation – The mandatary is empowered to represent
the mandator during a sole operation foreseen in the POA, for example purchasing a real estate property.
As examples, a Power of Attorney can be given for the following operations: general administration, administration of a property, company formation in Romania, administration of a Romanian company, constituting a mortgage, sale/purchase of an apartment etc.
Power of Attorneys given abroad
Power of Attorneys given abroad for operations taking place in Romania will have to be certified by a local Public Notary and apostilled (apostille of the Hague Convention) if the respective country is a member of the Hague Convention. However the certification in certain countries does not have to include apostillation (this procedure was simplified through billateral agreements). As examples we mention France, Poland, Russia, Bulgaria, Spain etc.
Power of Attorney Termination
The Power of Attorney ceases to produce effects in the following situations:
1. Expiration of the specified duration period;
2. Annulment by the mandator;
3. Renunciation by the mandatary;
4. Death of mandator or certain limitations of the person’s capacity to act;
5. Death of mandatary or certain limitations of the person’s capacity to act;
6. Dissolvement of the legal entity mandatary or mandator.