Table of Contents (12)
- Sub-delegation of power
- What is a sub-authorisation?
- Can all powers be delegated?
- Characteristics of sub-delegation of power or delegation
- Sub-delegation and substitution of power
- Commercial sub-authorisation
- Sub-delegation with attorney-in-fact
- Deed of sub-power of attorney in Barcelona
- The role of the Notary in the sub-power of attorney
- Documentation for the deed of sub-power of attorney in Spain
- How much does it cost to carry out a deed of sub-power of attorney?
- JLA Notaries, notary for sub-authorisation of powers
Sub-delegation of power
The subdelegation of power is one of the actions that takes place in our Notary Office in Barcelona, being part of the specialty of our notarial services in powers of attorney in Barcelona. Therefore, we want to introduce you to what subdelegation means, how to process it step by step, and other related matters.
What is a sub-authorisation?
Sub-delegation is known as the granting of power by an authorised person to a third party. This resource can occur both in commercial and civil contexts. The most characteristic aspect in the case of sub-delegation is that both the authorised person and the sub-authorised person will have functions, and either of them may exercise the functions stated in the power of attorney and the sub-power of attorney.
For sub-delegation to occur, a principal (that is, the person who initially grants the power or authority) must first grant a power of attorney to an authorised person. Sub-delegation occurs when said authorised person delegates this power to a third party, to act as sub-authorised person.
The transfer of power from the authorised person to the sub-authorised person can be partial or total, and they may exercise the representation functions that the authorised person grants them. In fact, the granting of power does not annul the previous one and they can coexist simultaneously, both representing and acting on behalf of their principal.
Sub-delegation of power usually occurs when the authorised person cannot perform their function, whether due to illness, temporary incapacity, or high workload, and thus manages to avoid the duty to revoke the granted power. However, it can be used without these circumstances occurring.
It is a resource that modifies the original granting of power and is regulated between articles 1709 to 1721 of the Civil Code; in article 622-26 of the Catalan Civil Code; and in articles 261 and 296 of the Commercial Code.
Can all powers be delegated?
The answer is no. The delegation of power to act on behalf of the principal and their representation by the attorney-in-fact is based on a strict relationship of trust, therefore, sub-delegation could cause a breach in the entrusted mandate.
As a general rule, in the field of civil powers of attorney, it is possible for the attorney-in-fact to sub-delegate to other persons to fulfil the mandate, unless sub-delegation has been expressly prohibited in the power of attorney, except in Catalan law, where it must be expressly authorised in the power of attorney, as otherwise such sub-delegation cannot be carried out.
For its part, in the field of commercial powers of attorney, the rule is similar to Catalan civil law, so it is considered that sub-delegation of a commercial power of attorney is not possible unless it has been expressly permitted in the power of attorney.
Characteristics of sub-delegation of power or delegation
For the empowerment to occur, it will be necessary that it is not expressly prohibited in the case of a civil power of attorney, or that it is expressly permitted in the case of a commercial power of attorney or one granted in accordance with Catalan law.
All sub-powers of attorney that occur when the principal expressly prohibits it or when it is a commercial power of attorney in which the sub-power is not expressly authorised will be declared null and void, without prejudice to the responsibility of the sub-attorney.
Furthermore, the sub-attorney must be in full intellectual capacity, understand the significance of the acts they are going to perform, and must be over 18 years old.
Sub-delegation and substitution of power
Substitution and sub-authorisation are two recurring figures in our notarial services for powers of attorney in Barcelona. The difference between the two lies in that, in sub-authorisation, the attorney and sub-attorney share the power, whereas, in the substitution of power, the attorney would lose their capacity for representation, which could only be exercised by the substitute.
Commercial sub-authorisation
Sub-authorisation is a resource widely used in commercial companies to grant the capacity to represent the company and carry out actions on its behalf. One of the differences between this and civil sub-authorisation lies in the fact that, in companies, sub-authorisation can only occur when there is express authorisation for the delegation of power to take place. Therefore, commercial sub-authorisation can also occur when it is granted by an attorney who has the powers to sub-authorise.
By using the sub-power by the attorney, benefits in time and resources can be obtained. For example, imagine someone grants power to their lawyer. They could sub-authorise other lawyers in their firm to represent the principal at times when the workload is high or for specific procedures in a case.
Sub-delegation with attorney-in-fact
In this case, when sub-authorisation occurs in procurators, what is achieved is that the latter represent the principal in judicial proceedings in criminal, civil, contentious-administrative, commercial or labour matters. As in the previous case, several procurators can be appointed as sub-authorised representatives in order to appeal to different judicial bodies.
Deed of sub-power of attorney in Barcelona
To grant it, a notarial document known as a public deed of sub-power of attorney must be processed. The easiest way is for it to be included in the initial power of attorney deed so that it can be carried out, which must be presented before a Notary to process the sub-power of attorney. In the event that the possibility of sub-power of attorney is not stated or has not been prohibited, the sub-power of attorney deed must also be ratified by the principal, to ensure that there is no liability on the part of the attorney-in-fact granting the sub-power of attorney. In any case, when a sub-power of attorney is processed, it is advisable for the attorney-in-fact granting the power to notify their principal in a reliable manner.
The role of the Notary in the sub-power of attorney
If you are an attorney-in-fact and need to process a sub-power of attorney deed, please make an appointment at our Notary Office in Barcelona. Only your presence and signature will be necessary, without the need for your principal or sub-attorney to attend. It is advisable that the principal is aware that the sub-power of attorney has been granted.
For a sub-attorney to exercise their functions, they will need an authentic copy of the original power of attorney granted notarised and the sub-power of attorney deed. If both are going to exercise the power simultaneously, each must have an authentic copy of the original power of attorney.
Likewise, it is also necessary to inform the Notary who originally processed the power of attorney, as established in the Notarial Regulations.
During the procedure at JLA Notarios, our notary office in Barcelona, you will be advised by legal professionals to guarantee the legality and authenticity of the transactions. You will be informed of the legal and financial risks and about any conflicts of interest that may arise, both in private matters and in commercial sub-power of attorney.
Documentation for the deed of sub-power of attorney in Spain
The documentation must be the following in the case of individuals:
- Valid identification document of the attorney who is going to delegate authority
- Authentic copy of the power of attorney that allows verification of what has been determined by the principal
In the case of companies or legal entities:
- Valid identification documentation of the attorney who will delegate authority
- Documents proving the existence of the company
- Authentic copy of the power of attorney that will be subject to delegation.
In the case of foreign companies, they must provide the NIF, the company documentation translated and apostilled, their registration certificate, and the NIE or passport of the representative.
How much does it cost to carry out a deed of sub-power of attorney?
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).
In any case, 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.
In the case of a sub-power of attorney deed, the cost varies depending on whether it concerns a natural person or a legal entity.
The number of copies requested of a document, the pages it contains, as well as possible changes or additions, also slightly affect 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, by using the WhatsApp shortcut 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 in the case of sub-power of attorney for commercial power, since more procedures and company documentation are required, is between €120 and €250. Meanwhile, the formalisation of a sub-power of attorney deed for civil power granted by a natural person ranges between €60 and €95.
Other questions related to the sub-delegation of power
It will last as long as the power of attorney granted to the attorney-in-fact. That is to say, if an attorney-in-fact has been granted power for a period of one year, the sub-attorney-in-fact will have the same time established for the execution of the powers.
The revocation of a sub-power of attorney may be carried out either by the attorney-in-fact (for example, if they have recovered from an illness or incapacity and can exercise the powers alone) or by the principal, by revoking the initial power of attorney deed granted to the attorney-in-fact. It must be reliably communicated to the sub-attorney-in-fact.
Likewise, any person who wishes to renounce a sub-power of attorney may also do so, either by destroying the authentic copy granting them the power or through a public deed of renunciation. The sub-attorney's deed of renunciation is the best way to renounce a power of attorney and ensure that the renouncer will have no liability of any kind after the renunciation of the power.
The attorney-in-fact has no responsibility for what is done by the sub-attorney-in-fact as long as the sub-authorisation was permitted. However, there are cases where they must be held accountable, such as when the attorney-in-fact has granted a sub-authorisation expressly prohibited by the principal, or when the sub-authorisation was allowed but the appointed sub-attorney-in-fact was notoriously incapable or insolvent.
Indeed, the sub-attorney-in-fact, especially in commercial actions, can be held personally liable for the company's debts or those actions carried out negligently, in the aforementioned cases, since they act on behalf of the principal and not on behalf of the attorney-in-fact.
In the event that power of representation has been granted to several attorneys-in-fact and provided that the possibility is stated, several sub-attorneys-in-fact may be appointed for the processing of procedures.
JLA Notaries, notary for sub-authorisation of powers
At JLA Notarios we specialise in the preparation of the power of attorney sub-delegation deed. In our Notary Office in Barcelona you will find a team of highly qualified and experienced Notaries to be able to grant notarial power of attorney in Barcelona. 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. Our goal is to optimise the transaction times of your procedure and keep you informed of any developments that arise during the process. In addition, you can now also sign a power of attorney sub-delegation from anywhere in Spain, in the fastest and most convenient way via videoconference with our online notary service.
Choose us as your Notary to receive excellent service quality. Get in touch with us for an initial consultation at our offices or grant notarial powers online through digital signature. We will assist you throughout the entire process, resolving your doubts and efficiently managing your procedure. Book your first consultation now at JLA Notarios.
By your side in the moments that matter
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.
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.
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 fast 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.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
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.
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.
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.
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 fast 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.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
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.
