by Vlad Cuc
A Romanian Power of Attorney 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 | |
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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) |
Table of Contents
Characteristics of the power of attorney
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 Power of Attorneys 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 in 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
Power of Attorneys 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 apostillation (this procedure was simplified through billateral agreements). As examples we mention France, Poland, Russia, Bulgaria, Spain etc.
Power of attorney termination
The Power of Attorney ceases to produce effects in the following situations:
- Expiration of the specified duration period;
- Annulment by the mandator;
- Renunciation by the mandatary;
- Death of mandator or certain limitations of the person’s capacity to act;
- Death of mandatary or certain limitations of the person’s capacity to act;
- Dissolvement of the legal entity mandatary or mandator.