Power of Attorney in Romania

by Vlad Cuc

A Romanian Power of Attorney (POA) has the same basic concept as one in the Western legislations: a document empowering someone else to handle a certain task on behalf of another person/company.

Quick Facts
Entities that can be granted with the power of attorney	Companies, individuals
Types of powers of attorney (POA)	Special and general
Age requirements for the entity that gives the power of attorney (yes/no)	Yes (minimum 18 years old)
Other requirements/ documents to be fulfilled by the donor	The donor of a power of attorney in Romania must present his or her original identity document, along with supporting documents, which can vary based on the nature of the power of attorney (it can be signed for Trade Registry matters, divorce, inheritance, succession, pension, sale of property, etc.).
Requirements for the proxy (the entity that receives the POA)	The proxy must present his or her identity documents and other identification data (address, phone number, etc.).
Institutions where the document can be signed	The power of attorney in Romania is signed in front of a public notary.
Fees charged for the issuance of the POA in Romania	Minimum RON100
Law regulating the POA	The power of attorney in Romania is governed by the Romanian Civil Code.
The elements of the POA	–  the parties that sign the document (the donor and the proxy); – the legal matters covered by the document and the rights granted to the proxy; – the stipulation that the proxy must represent the interests and the rights of the donor in front of competent institutions; – the signature of the donor; – the identification data of the two parties (name, address, personal identity number, date of birth); – the place where the document is signed.
Issuance of a copy of the POA (yes/no)	Yes
Participation of a translator when preparing the POA (for foreigners who do not speak Romanian)	Yes
Common usage of POA for commercial matters	Registration of companies, signing contracts, agreements, leases, obtaining permits, licenses, certificates, etc.
Common usage of POA for personal matters	Obtaining personal documents (ID, passport, passport for minors under 14 years old), sale of property, use of property , divorce, inheritance, etc.
The validity of a POA	3 years (however, its validity can extend provided that the donor clearly stipulates in the POA the number of years for which he/she wants the document to be valid for).
Preparing the POA in the home country if it is necessary in a foreign jurisdiction (yes/no)	Yes (through embassies/consulates)

The power of attorney in Romania can be granted to our team of Romanian lawyers, who can represent individuals and legal entities in a variety of legal matters (divorce, property purchase, tax registration, etc.).

Characteristics of the power of attorney in Romania

In order to be valid, the Power of Attorney must contain certain elements, respectively: identification data of the mandator and mandatary, the respective task to be completed, the document’s date. In certain cases the POA must be certified by a Public Notary.

The Power of Attorney must only be signed by the mandator to be represented in certain situations, therefore the presence of the mandator in front of the Notary is not required. For instance, a Power of Attorney can be signed by a Public Notary abroad then sent to Romania. Per the Romanian legislation there can be three types of Powers of Attorney according to the type of task:

1. general POA – the mandatary is empowered to handle all the mandator’s activities (usually this type of Power of Attorney is given when the total administration of one’s patrimony/business is required);
2.special POA – the mandatary is empowered to act on behalf of the mandator in certain determined operations, such as administering of a real estate property, purchasing certain materials etc.;
3. POA given for a single operation – the mandatary is empowered to represent the mandator during a sole operation foreseen in the POA, for example purchasing a real estate property.

As examples, a Power of Attorney can be given for the following operations: general administration, administration of a property, company formation in Romania, administration of a Romanian company, constituting a mortgage, sale/purchase of an apartment etc.

Power of attorneys given abroad

Powers of Attorney given abroad for operations taking place in Romania will have to be certified by a local Public Notary and apostilled (apostille of the Hague Convention) if the respective country is a member of the Hague Convention.

However the certification in certain countries does not have to include the apostille (this procedure was simplified through bilateral agreements). As examples we mention France, Poland, Russia, Bulgaria, Spain etc.

Legislation

The manner in which a power of attorney in Romania can be drafted, signed and used is regulated under the Romanian law. Rules of law may vary based on the type of POA and its purpose. In the list below, our team of lawyers in Romania have gathered a few of the most important legal matters concerning this document:

1. the main provisions derive from Law 36/1995 (Law on Public Notaries and Notarial Activity);
2. the law has been amended in 2018 (the Official Monitor, no. 237 of 19th of March 2018);
3. according to the National House of Public Pensions, a special POA can be valid for a period of 3 years since its authentication date;
4. foreign public notary can sign the POA necessary in Romania as per the provisions of the Government Ordinance no. 66/1999.

The elements of the special POA in Romania

In order to be legally enforceable, a power of attorney in Romania must contain a set of mandatory elements, as presented above. In the list below, our attorneys in Romania present some of the elements of the special POA:

1. the personal identification data of the mandator (name, nationality, birth date and birthplace, the identity document);
2. the identification data of the mandatary;
3. the object of the POA;
4. the obligations the mandatary must meet.

Provided that the POA needs to contain the apostille, this should present the following: the country, the entity that signed the document (name, function, stamp), the fact that the document has been signed and recognized (the place, the date, the entity, its registration number, the signature).

Our law firm in Romania can offer the necessary legal support to any individual or corporate entity that needs legal representation through this document. For those that want to open a business in Romania with the help of local specialists, grating the POA is one of the main steps that have to be taken in order to start this process.

Power of attorney termination

The Power of Attorney ceases to produce effects in the following situations:

1. expiration of the specified duration period;
2. annulment by the mandator;
3. renunciation by the mandatary;
4. death of mandator or certain limitations of the person’s capacity to act;
5. death of mandatary or certain limitations of the person’s capacity to act;
6. dissolvement of the legal entity mandatary or mandator.

We invite you to contact us for more details on the ways in which our team of Romanian lawyers can represent clients through a POA. Commonly, our clients ask us for legal representation in business matters or personal affairs (legal representation in court, collecting pensions for other individuals, buying a property in Romania, using someone else’s vehicle, etc.).