Revocation of power
The revocation of power of attorney is a notarial document that allows the cancellation of a previously granted power of attorney, whether it is a civil power of attorney of an individual or a company. As Notaries in Barcelona specialised in powers of attorney, we want to explain that it is indeed possible to revoke a notarial power of attorney, the importance of the revocation, and all the information on how to revoke the power of attorney by public deed.
You should know that you can revoke your power of attorney by signing at JLA Notarios – Notaria Barcelona, or through a fully digital procedure by online signature of the power of attorney revocation via videoconference through the Citizen's Notarial Portal. The cost is the same whether the procedure is online or in person; please consult us with any questions you may have and we will be happy to assist you.
What is the revocation of power?
As we mentioned earlier, the revocation of power of attorney is a notarial document drawn up as a public deed in which the granting of power of attorney that one person gave to another to represent them and act on their behalf is rendered null and void.
Generally, the power of attorney can be granted to carry out legal acts and transactions. The person granting the power is known as the grantor, while the attorney-in-fact is the person who receives it. Thus, the power of attorney can be granted by both individuals (natural persons) and legal entities (companies).
The notarial revocation of power of attorney can be processed at any time by going to the Notary, and all types of powers of attorney can be revoked except those that are irrevocable (because they are given in the interest of the attorney-in-fact or a third party and exist for the processing of a legal transaction limited in time). Likewise, the grantor can also partially revoke a deed and limit it, through the processing of a partial revocation of power of attorney deed.
The revocation of power of attorney is governed by the Civil Code of Common Law and by the Civil Code of Catalonia.
Who can revoke a power of attorney?
Power can only be revoked by the person who granted it. Power and revocation are unilateral, and therefore do not require the intervention of the attorney-in-fact, it being sufficient that the revocation is signed by the person who granted the power.
In the case of power granted by an individual, the revocation will always be made by the principal. For their part, powers granted by a company will be revoked by a representative of the company (in this case it is possible that the representative is different from the one who granted the power). In the case of insolvent companies, the revocation of the power must be carried out by the insolvency administrator.
Causes for revoking the power of attorney by the principal
A power of attorney can be revoked whenever the grantor wishes to revoke it, without the need for a specific cause. Even so, there are common reasons that lead to the revocation of a power of attorney, such as, for example:
- The grantor has lost trust in the attorney-in-fact due to negligent use of the power or having caused economic harm.
- The power was granted for a specific act or legal transaction that has already been processed.
- The attorney-in-fact wants to carry out the procedures that were granted by themselves.
- The loss of capacity of the attorney-in-fact.
If one of these cases occurs, and to prevent the attorney-in-fact from performing further acts, a deed of revocation of power is executed. Its purpose is the disabling or invalidation so that it cannot be used in the future. In this way, the grantor seeks to prevent the power from being used going forward.
In addition to the voluntary causes mentioned above, there are legal causes by which a power of attorney is understood to be revoked. For example:
- Dissolution and extinction of the company.
- Declaration of absence granted by the absentee.
- Upon admission of the claim for nullity, separation or divorce, the powers that either spouse had granted to the other are revoked.
- Upon the death of the grantor.
- Due to subsequent loss of capacity, unless this circumstance had been foreseen.
How to revoke the power of attorney?
The revocation of a power of attorney can be express or implied. In express revocation, the attorney is requested to return the authorised copy of the power of attorney (since the attorney must present it in order to use it). This action prevents the use of the granted powers. In implied revocation, the principal manages their own procedures or the power of attorney is granted again to another person.
There are cases where the attorney does not want to hand over their authorised copy or claims they cannot find it. To officially revoke a power of attorney, one must go to a Notary in order to carry out a deed of revocation of power of attorney. You can go to the Notary who drafted the original deed or a new one. It is important to provide the deed of granting power of attorney or at least identify the original power of attorney.
Notification of power of attorney revocation
The Notary will draft the deed and will communicate the notarial revocation to the attorney-in-fact, recording the notification according to the legal procedure, in order to achieve the effects of the revocation.
It is important that this notarial notification of the revocation of the power of attorney takes place, since if the revoked power is used without the revocation being communicated, the law stipulates that the principal is bound by what has been agreed by their representative.
Likewise, the Notary must also communicate the revocation to the initial notary, in the event that it was signed before a Notary different from the Notary processing the revocation of the power of attorney. In this case, a record is made in the original deed that the power has been rendered ineffective, preventing future deliveries of copies to the revoked attorney-in-fact.
The role of the Notary in the revocation of a power of attorney: Revocation of power by public deed
The Notary is a legal professional who guarantees the legality and authenticity of various transactions. Additionally, among their functions is to advise and counsel impartially and free of charge. Whatever procedure you are considering, present us your doubts and make the necessary enquiries.
In the case of the revocation of powers of attorney, the Notary ensures that the revocation is carried out legally in a public deed and that the revocation is notified according to the procedure established by law. Therefore, the Notary guarantees that the revocation of effects complies with the law and that the revocatory effects occur.
The revocation of powers of attorney can be processed online, by videoconference, according to law 11/2023. Do not hesitate to contact us for this procedure if you want to do it online, regardless of the region you are in. Therefore, you can choose to process your revocation online or in person, at our notary office on Avenida Diagonal in Barcelona.
Documents to revoke the power of attorney
We will distinguish the documents depending on whether they are natural persons or legal entities.
In the case of individuals (natural persons), they must present the following to revoke the power of attorney:
- Identification document.
- Copy of the power of attorney that was granted and that is to be revoked. If a copy is not available, information such as the name and surname of the Notary who processed the granting of the power of attorney, the date, location, and protocol number must be provided.
For companies (legal entities), the following are required to sign the revocation:
- Identification document of the company representative.
- Documents proving the existence of the Company and the powers of the representative. If it is an administrator, this can be replaced by commercial information.
- Real ownership certificate (notarial deed identifying the partners who own more than 25% of the company's share capital).
Frequently asked questions and cost of power of attorney revocation
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 price of the revocation depends on whether notification is necessary and how many notifications must be made.
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 on 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation before a notary of a revocation of a power of attorney is around €75, including VAT.
In the event that the attorney uses a power of attorney that has already been revoked and notified, they may have to answer for damages caused, could be committing a crime, and depending on the case, the act may have no effect.
The best possible way is for the person who received the revoked power of attorney to hand over the copy. This fact, together with the revocation at the notary, ensures that the power of attorney is not used again.
If the attorney does not cooperate and does not hand over the power of attorney, it will be necessary to resort to the notarial revocation in which the delivery of a copy is requested.
If one of the spouses has granted powers to others, these will be revoked without the need to go to the Notary when a claim for annulment, separation or divorce is filed. Therefore, in the case of divorce, the powers between spouses are automatically extinguished.
Revocation of powers in commercial companies
Who grants the revocation of power in commercial companies?
In the case of legal entities or companies, the revocation is carried out by whoever is the administrator of the company, even if it is a different person from the administrator who granted the power. Furthermore, the administrator may have a power revoked by someone who holds a power from the company that allows it.
The revocation in joint administrators
In the case of joint administrators, any one of them may revoke the power of attorney granted by another administrator.
The revocation in joint administrators
In companies with a joint regime, the joint signature of all joint administrators will be required to revoke a power of attorney.
Revocation of power in the Commercial Registry
Once you have obtained the deed of revocation of power, it is advisable to go to the Mercantile Registry and delete the power granted by the commercial company from the Registry. Only general powers are registered in the Mercantile Registry. In the case of the revocation of a general commercial power, at JLA Notarios we can take care of ensuring that the revoked power is removed from the registry.
JLA Notaries, Notary for power of attorney revocation
Our Notary Office in Barcelona has a team of highly qualified and experienced Notaries to manage the revocation of power of attorney for a company or an individual.
At JLA Notarios we work empathetically and dynamically, applying new technologies in all procedures for your comfort and convenience. Our goal as an online Notary Office is to optimise the transaction times of your procedure and keep you informed of any developments that arise during the process.
Get in touch with us for an initial consultation. We will assist you throughout the entire process, resolving your doubts and efficiently managing your case. Remember that you can choose to sign at the JLA Notarios – Notary Office Barcelona offices, located on Avenida Diagonal, or sign completely online from anywhere in Spain.
You can contact us at the email bcn@jlanotarios.com. We will be happy to help you.
By your side in the moments that matter
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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.
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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.
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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.
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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.
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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.
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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.
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At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
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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.
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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.
