Special notarial power
The special notarial power of attorney granted through a notarial document allows the transfer of certain powers to a person to act on behalf and representation of another in specific acts. As Notaries specialised in powers of attorney, at JLA Notarios we want to explain simply and clearly what special authorisation consists of and how it works, resolving any doubts that may exist and highlighting the role played by the Notary in this procedure.
It is important for you to know that you can sign your power of attorney with JLA Notarios, either in person or digitally. Therefore, you can sign your power of attorney by attending our notary office in the centre of Barcelona, at our notary office on Avenida Diagonal; or, if you prefer, you can sign with JLA Notarios - Digital Notary completely electronically via videoconference.
What is the special notarial power?
Granting a power of attorney involves signing a public document that grants powers to another person to carry out acts on your behalf. The main advantage is that it allows for speeding up procedures and legal transactions. There are various powers of attorney that must be granted before a Notary, such as general powers, preventive powers, powers for lawsuits, and among them the special notarial power of attorney, which we will discuss on this page.
A special notarial power of attorney is quite similar to a general notarial power of attorney. However, in this specific case, a grantor, in the special power, authorises a person (attorney-in-fact) to represent them in a specific act, contract or legal transaction or for a specific power that is expressly specified in the document through which the representation is granted. The main difference between a special power and a general power is that it limits the capacity of action of the attorneys-in-fact, restricting and delimiting their actions to a specific field, whereas the general power grants the broadest powers permitted by law.
Usually, special powers of attorney are granted when a person does not want or cannot attend a specific act but, on the other hand, their involvement is essential and necessary. With the special power, a person is authorised to exclusively handle that specific act, contract or legal transaction.
As a general rule, the relationship between the grantor and attorney-in-fact is assumed to be one of trust and, for this reason, it is common for family members or friends to act as attorneys-in-fact. The person who receives the special power must act in good faith on behalf of their principal. Otherwise, if the attorney-in-fact is considered to be acting fraudulently or with self-interest and the grantor loses trust in their attorney-in-fact, the grantor must process a deed of revocation of power to annul the powers granted in the document or deed of special power of attorney.
It is very important that you have full trust in the person to whom you give a power of attorney. This way, future problems will be avoided. However, if you later lose trust in an attorney-in-fact after granting a power, you can revoke the power at any subsequent time.
Examples of special power of attorney
Among the different types of special powers, the most common are the special power of representation and the special power of administration. Some examples of the use of these types of powers would be the acceptance of inheritance or legacy, the constitution of companies (including modifications, dissolutions or liquidations), attendance at general meetings of companies, credit operations, the administration of a property, real estate transactions such as a sale, granting of mortgages, guarantees or endorsements, banking powers, to open and close accounts in credit institutions, making transfers or debt collections, representation before any administration, to obtain an NIE, among many others.
Layout of the document or deed
The binding document must include the following information: the first name, surname and address, identity document of the grantor and the information relating to the attorney. In addition, the document must state the place where the notarial act is carried out, the name of the Notary Public and the city in which they operate.
The content specifies the purpose of the power and the right granted to the special attorney, 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 power of attorney
In this process, it will be essential for the principal to inform the notary about the reasons and motives for which they need to grant a power of attorney. The Notary will provide impartial advice, seeking the best solution for each need, always ensuring that the final solution complies with the current legislation at all times.
A basic task of the Notary in this process is to ensure that the parties involved are aware of the responsibility conferred on the attorney-in-fact through the special power of attorney. They must also verify that the grantors are of full mental capacity. After this, the notarial document will be drawn up through which the powers will be granted to the attorney-in-fact and its authorisation will proceed. The special power of attorney establishes the capacity or authority granted by the principal to the attorney-in-fact, specifying exclusively what they are authorised to manage on their behalf.
The Notary is a legal professional with legal powers to authenticate documents and legal acts, which allows them to ensure the legal validity of transactions. Their seal and signature provide legal security to transactions, thus protecting the interests of the parties involved.
When a special power of attorney is granted before a Notary, it is usual to issue an authorised copy which will be given to the attorney-in-fact as authorisation to act on behalf of the principal. A simple copy will also be issued, which will be given to the principal, summarising the facts and data of the notary, as well as the date on which the power of attorney was processed. However, regarding the issuance of copies of a power of attorney in notaries, we strictly follow the instructions of the principals.
Documentation to grant a special commercial notarial power of attorney
For the signing of a special power of attorney between private individuals at a notary's office, the following documentation will be required:
- Valid identification document of the grantor and tax identification
- Presentation of the data that allows the identification of the attorney-in-fact (name, surnames, photocopy or details of the DNI, NIE or passport)
Granting a special power of attorney online or at a Notary: advantages, price and frequently asked questions
Once the role of the principal and the attorney-in-fact has been explained, we will now proceed to discuss the process and answer the most frequently asked questions related to this procedure.
Make a special notarial power of attorney online
Currently, notaries, such as JLA Notarios – Digital Notary, 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 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 anywhere in Spain! You will receive a personalised, comfortable and efficient notarial service, without having to leave your home or workplace.
What is the price of the special power of attorney?
The price of notarial acts is regulated by the Government and complies with the regulatory legislation of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, which regulates 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 legislation, the usual price for the formalisation of a SPECIAL POWER OF ATTORNEY is between €60 and €90, including VAT.
This indicative price is calculated for a document with usual content (up to 8 pages) and with the issuance of a single authorised copy and one simple copy, granted by a natural person to a natural person.
Questions related to the special power of attorney
To complete this explanation, we are going to review some doubts that are raised by our clients in relation to special powers of attorney. Common questions relate to the duration of a special power of attorney, how to cancel it when it is no longer necessary, or whether there is the possibility that the scope of use of the special power of attorney is international.
Once the power of attorney has been granted, if it needs to be used at another notary's office, the client can request the Notary before whom the power was granted to send an authorised copy of the power through the SIGNO platform, which is the notarial communication system. For this, it is necessary for the grantor to provide the name and location of the Notary to whom they want it sent.
Obviously, the client can also choose to discard this system, request a physical copy and send it by post or take it in person to the required place, or if it is a power of attorney granted from 2024 onwards, provide the CSV of their power of attorney to the notary's office.
If the power of attorney authorises a person to carry out transactions with the principal's bank accounts, they must bear in mind that they cannot use it immediately. They must go to the bank and hand over the power of attorney so that it can be sent to the legal services for verification, that is, to check the powers and authenticity of the power of attorney. Once this process is completed, they will be authorised, as attorney-in-fact, to use the bank accounts.
Therefore, they must wait the necessary time for the bank to verify their power of attorney after handing it over to the financial institution.
It should also be noted that a special power of attorney does not need to be registered in the Commercial Registry or the Civil Registry, considering that the person to whom the power is granted, the attorney-in-fact, will cease to have it from the moment the action for which the power was granted is carried out.
Therefore, a special power of attorney is never registered in the Commercial Registry, even if the power was granted by a commercial company.
The termination of a special power of attorney is mainly determined by the completion of the act or transaction for which it was granted, at which point the special power of attorney ceases to be valid. In this regard, an important difference is noted compared to the duration of a general power of attorney, which is usually indefinite. Other causes for the termination of the special power of attorney include the revocation of the power by the principal or the resignation of the attorney-in-fact. Obviously, the power also ceases to be valid when either the principal or the attorney-in-fact dies.
Furthermore, the configuration of the power of attorney is determined by the will of the principal; therefore, they can limit the power to a specific period, sufficient for the attorney-in-fact to exercise the conferred powers. At JLA Notarios, we recommend setting a specific validity period for the power of attorney, if possible according to the circumstances.
In general terms, substitution allows the attorney-in-fact to grant all the powers of the power of attorney, or some of them, to another person. But we have to differentiate between Common Law and Catalan Law, as it is regulated very differently in each case.
Under Common Law, the power of attorney can be substituted as long as it has not been expressly prohibited in the power of attorney, without prejudice to the responsibility of the attorney-in-fact for the acts carried out by that third person. There will be no liability on the part of the attorney-in-fact if it is the principal who authorises them to transfer the powers to another person.
On the other hand, under Catalan Law, the solution is the opposite. A power of attorney cannot be substituted in any case, unless it is expressly authorised. If authorised to substitute the power, without specifying or identifying the person, then the attorney-in-fact will be liable for the actions carried out by the third party.
In short, it is important to state in the power of attorney, whether subject to Common Law or Catalan Law, whether substitution is authorised or prohibited.
Before concluding this matter, we believe it is necessary to distinguish between substitution of power and delegation or sub-power of attorney. In the case of substitution, the attorney-in-fact, despite remaining responsible for the actions of the substitute, loses the representation, thus disconnecting from the representative relationship. In contrast, in the case of delegation or sub-power of attorney, the initial attorney-in-fact delegates all or part of their powers, but still retains their status as attorney-in-fact.
The main reason for revoking a special power of attorney is usually the loss of trust by the principal and the consequent withdrawal of the power. The special power of attorney is also revoked in cases where the principal no longer needs the services of the attorney and can carry out the acts themselves. In any case, whatever the reason, the power of attorney must be revoked at a notary public through a public deed. In this process, the simple copy given to the principal during the granting of the power will be important for the Notary to retrieve the prior information, although the Notary, if the same one, will also have the documented and properly archived information.
For Spanish powers of attorney to have international recognition they must be apostilled beforehand. The Hague Apostille is a notation on the private document or deed that certifies its authenticity. Spain, along with many other countries, is part of the Hague Convention, an international treaty in which the signatory countries use an apostille to legalise the document for use abroad.
If any of the countries (of origin of the power of attorney or where it is to be used) is not a party to the Hague Convention, it must be legalised by both countries in order to take effect.
Yes, a power of attorney can be drafted in several languages, especially for use in third countries, accompanied by the Hague Apostille or, failing that, legalisation.
In this case, the power of attorney will be drafted in Spanish or in any of the co-official languages, together with the language the client wishes, generally English. Additionally, two systems can be used: either the entire document is drafted in double columns, with both languages, or the translation in the foreign language is incorporated into the public instrument power of attorney.
For a power of attorney to be drafted in double columns, it is necessary for the Notary to understand the language of drafting.
Make a special power of attorney notarised with JLA Notarios
Our Notary Office in Barcelona has a team of highly qualified and experienced Notaries to be able to grant a special notarial power of attorney. Thanks to our training and experience, we are experts in the applicable regulations and can offer our clients personalised advice tailored to their specific needs, always responding to their questions and concerns.
At JLA Notarios we work closely and proactively, applying new technologies in all procedures for the comfort and convenience of our clients. At JLA Notarios we manage many notarial services electronically and our goal as an online Notary Office is to improve the transaction times of your procedure and keep you informed of any developments during the process. Granting a special power of attorney online is now possible in Spain, just like many other notarial services. Choose us as your Notary to receive excellent service quality.
Therefore, you can sign with us by visiting our Notary Office in the Eixample or through our Digital Notary Office.
Contact us for an initial consultation, whether to authorise a special power of attorney or other matters that affect you. We will assist you throughout the entire process, resolving your doubts and efficiently managing your case. Book your first consultation now at JLA Notarios.
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.
