Special commercial power of attorney
The special commercial power of attorney is granted through a notarial document in which a company grants power to a person to act as a representative in specific acts. As Notaries in Barcelona specialised in powers of attorney, we want to explain what the special commercial power of attorney is and how it works, answering all your questions, as well as outlining the role played by the Notary and how they can assist you with this procedure, which can be carried out in person at the notary's office or online via videoconference.
You should know that you can sign your power of attorney by physically attending JLA Notarios, at our Notary Office on the Diagonal in Barcelona, or by signing via videoconference with our Digital Notary Office, since the law currently allows powers of attorney for companies to be granted electronically from anywhere in Spain without physically attending the Notary's office.
What is the special commercial power?
Granting a power of attorney is signing a public document that grants powers to a person to carry out acts on behalf of a company. Its main advantage is to speed up procedures and legal transactions. There are different notarial powers of attorney that must be granted before a Notary, among them the special commercial power of attorney.
A special commercial power of attorney is quite similar to a general commercial power of attorney. However, in the matter at hand, the granting company, in the special commercial power of attorney, authorises a person (attorney-in-fact) to represent it in a specific act, contract or legal transaction or for a specific power that is expressly mentioned in the document in which the representation is transferred. The main advantage of the special power of attorney compared to the general power of attorney is that it shortens the scope of action of the attorneys-in-fact, restricting and limiting their actions in a specific field.
Special commercial powers of attorney are usually granted when the company’s usual attorney-in-fact does not want or cannot attend an act, but their intervention is necessary. Thus, another person is authorised to handle exclusively that act, contract or specific legal transaction.
The relationship between the granting company and the attorney-in-fact is considered close and based on trust and, for this reason, other partners of the company or its executives usually act as attorneys-in-fact. This is because the person who receives the special commercial power of attorney must act in good faith on behalf of the company they represent. Occasions where the attorney-in-fact acts incorrectly or for personal purposes can lead to significant financial losses that result in legal disputes. If the company loses trust in its attorney-in-fact, it must process a deed of revocation of power to cancel the powers that had been granted in the document or deed of special power of attorney.
Examples of special commercial power of attorney
There are different areas where the actions of an attorney-in-fact can be focused, highlighting among them the special power of representation or the special power of administration. Examples include the incorporation of companies (including amendments, dissolutions or liquidations), attendance at general meetings of companies, credit operations, the administration of a property, real estate transactions such as a sale, carrying out transfers or debt collections.
For example, it is common for companies that need to buy or sell a property outside the place of residence of the company's administration to grant a special power to carry out the purchase or sale of that specific property.
Layout of the document or deed
The binding document must include the following information: name of the granting company, address and CIF, and information relating to the attorney-in-fact.
It also includes the place where the notarial act is held, the name of the Notary Public, and the city in which they operate.
The content summarises the purpose of the power and right granted to the special attorney-in-fact, the names of the people attending the signing, the signatures of the parties, and the Notary's seal.
The role of the Notary in a special commercial power of attorney
It will be important for the granting company to inform the Notary why and for what purpose they need to execute a power of attorney. We will provide impartial advice offering the best solutions to the situation, always ensuring that they are within the context of legality. In the case of granting special notarial powers, we will inform you about the legal and financial risks, how to mitigate them, and advise you on possible conflicts of interest that may arise.
Once the Notary has ensured that the parties involved are aware of the responsibility conferred on the attorney-in-fact and that the grantors are of full mental capacity, the document granting the powers to the attorney-in-fact will be drafted and the authorisation will proceed. In the special commercial power of attorney, the capacity or power granted by the company to the attorney-in-fact is established, specifying exclusively what they are authorised to manage.
The Notary is a legal professional with legal powers to authenticate documents and legal acts and ensures the legal validity of transactions. Their seal and signature provide legal security to transactions and protect the interests of the parties involved.
The special commercial power of attorney must be drafted as a public deed before a Notary in the cases established by law. Thus, its drafting as a public deed is mandatory if it includes acts linked to public deeds, which must be registered in some registry or which may harm third parties (Civil Code article 1280).
Therefore, the delegation of corporate powers for specific acts that must be registered in any legal registry must be in a notarial power of attorney drafted as a public deed. Consequently, powers of purchase and sale of real estate and powers to amend corporate statutes must be notarial powers of attorney, and, therefore, must be recorded in a public deed.
Finally, in the special commercial power of attorney, the authorised copy will be issued and delivered to the attorney-in-fact as authorisation to act on behalf of the grantor, and the simple copy, which will be charged for, will be delivered to the granting company, summarising the facts and data of the notary office, as well as the date on which the power of attorney was processed.
Documentation to grant a special commercial notarial power of attorney
As this is a special commercial power of attorney between a company and a person, the documentation to be provided is quite extensive, especially in relation to the company granting the power. In detail, the following must be provided:
- DNI, NIE, passport or residence card of the company’s representative (grantor). Anyone wishing to process a commercial notarial power of attorney must go to a notary with a valid DNI. The grantor must be of legal age and have full mental capacity.
- Deed of appointment of administrator where the grantor appears as the company’s administrator. This requirement can be replaced by the notary consulting the company’s data in the Commercial Registry.
- Name, company name, registered office and CIF of the company.
- Authentic copy of the deed of incorporation of the company and the articles of association or of the amendment of the articles of association that have occurred. The presentation of these deeds can be replaced by obtaining the information from the Commercial Registry through the notary.
- Real ownership certificate (notarial deed identifying the partners who own more than 25% of the company’s share capital)
- Documentation related to specific data of the attorney-in-fact (name, surname, photocopy of DNI, NIE or passport)
If the company is a foreign enterprise, at the time it wishes to grant a special power of attorney it will need the company’s documentation translated and apostilled, the official certificate of the company’s registration in the registry, Spanish NIF and NIE or passport of the representative.
Granting a special commercial power of attorney online or at a Notary: advantages, price and frequently asked questions
Having introduced the meaning of special commercial power of attorney, the figure of the attorney-in-fact, as well as the documents, we will answer the most frequently asked questions about this procedure.
Make a special commercial power of attorney online with a Notary
It is important to know that notaries such as JLA Notarios offer the possibility to process notarial services online which allow for faster management and greater convenience for the client, with the corresponding time savings. In our case, as a technologically advanced online notary, we can process the granting of a special commercial power of attorney online through authorisation by videoconference, offering considerable advantages in commercial notarial actions.
Contact us to process your special power of attorney from any location in Spain! You will receive a personalised, comfortable and efficient notarial service.
What is the price of the special commercial power?
The price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the number of pages it contains, the number of grantors and attorneys-in-fact, as well as possible changes or additions, can slightly alter the final price.
If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us at 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a SPECIAL COMMERCIAL POWER OF ATTORNEY is between €90 and €150, including VAT.
This indicative price is calculated for a document with typical content (9 pages) and with the issuance of a single authorised copy and one simple copy, granted by a company. The price variation largely depends on whether the person receiving the power of attorney is an individual or a company, as in the latter case the amount increases slightly.
Questions related to the special commercial power of attorney
Likewise, we wish to resolve related issues that are often raised as doubts within our notary office. Among them, we find questions such as the duration of a special commercial power of attorney, how it is annulled, or if it can be used in other countries.
In this article, we have already discussed some of the differences between the special commercial power of attorney and the general commercial power of attorney, such as its limitation in powers or the type of document and/or deed. Furthermore, it has also been explained that registration of special commercial powers of attorney in the Commercial Registry is not necessary, as the person to whom the power is granted ceases to have it at the moment the action for which it was granted is carried out.
Therefore, this is an important difference from general commercial powers of attorney, which must be registered.
The grounds that determine the termination of a special commercial power of attorney are mainly the completion of the business for which it was granted, differing in this respect from the duration of a general commercial power of attorney, which is usually indefinite. It is also common for the special power of attorney to end if the granting company is dissolved or the attorney resigns.
However, special commercial powers of attorney can refer to a plurality of acts, such as carrying out all banking procedures. In this case, it would be a special power of attorney that allows all banking procedures to be carried out. This type of special powers of attorney, but referring to a plurality of acts, have an indefinite duration unless a specific term of validity is established in the power of attorney.
The revocation of a special commercial power of attorney usually occurs due to the loss of trust by the granting company and the consequent withdrawal of the power. It can also happen if the granting company no longer requires the services of the attorney-in-fact. In any case, the power will be revoked at a notary's office by means of a public deed. In this regard, the simple copy given to the granting company during the granting of the power will be of vital importance for the Notary to retrieve the prior information.
Once the revocation deed has been drafted, it will be the Notary who must notify the attorney-in-fact not to appear and who holds a copy of the power in their possession.
Spanish powers of attorney have international recognition as long as they are apostilled. Through the Hague Apostille, an annotation on the private document or deed, it is possible to certify its authenticity. This is because our country, along with many others, is part of the Hague Convention, an international treaty in which the signatory countries use an apostille to legalise the document for use abroad.
At JLA Notarios we can take care of obtaining the notarial apostille for powers of attorney signed at our notary office, for clients who wish so. This is a complementary service to the signing of the power of attorney and we offer it because our clients regularly request these services from us. Therefore, we offer a comprehensive service in the management of powers of attorney and commercial services for our clients, being able to handle all the complementary procedures required for the deeds signed at our notary office.
Advantages of granting an electronic commercial power of attorney
Granting an electronic power of attorney has obvious advantages such as its convenience, as all notarial procedures can be carried out online, by email or by telephone if necessary. This avoids travel and loss of time. The signature can be made entirely digitally by notarial videoconference through the Citizen's Notarial Portal.
Furthermore, according to Law 11/2023, of 8 May on the digitalisation of notarial and registry actions, which transposes Directive (EU) 2019/1151 of the European Parliament and of the Council, electronic copies of electronic powers of attorney have the same value as a traditional authorised copy.
Therefore, electronic authorised copies of powers of attorney may be used in notaries without the need to present physical copies of the powers of attorney. This is an important change that will facilitate citizens' dealings with Public Administrations. This is achieved thanks to the incorporation of a CSV in the electronic power of attorney (Secure Verification Code) which allows notaries and other persons and institutions to verify the authenticity of the electronic power of attorney.
Make a special commercial power of attorney with JLA Notarios
Our Notary Office in Barcelona has a team of highly qualified and experienced Notaries to be able to grant a special commercial notarial power of attorney. We are experts in the applicable regulations and can offer you personalised advice tailored to your specific needs, always responding to your questions and concerns.
At JLA Notarios we work empathetically and dynamically, applying new technologies in all procedures for your comfort and convenience. It is our goal as an online Notary Office, where we manage many notarial services electronically, to optimise the transaction times of your procedure and keep you informed of any developments during the process. Remember that, during the presentation of this service, we mentioned the possibility of managing this procedure online. Granting a special commercial power of attorney online is already a reality in our country. Choose us as your Notary to receive excellent service quality. You can choose to physically come to sign at our Notary Office in central Barcelona or sign by notarial videoconference, without travelling, from anywhere you are.
Contact us for an initial consultation, whether to authorise a special commercial power of attorney or other matters that affect you. We will assist you throughout the process, resolving your doubts and managing your procedure efficiently. Book your first consultation now at JLA Notarios. We will be delighted to help you.
By your side in the moments that matter
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
