Power of Attorney (Poder Notarial)

What Is a Poder Notarial?

A Poder Notarial is a notarised power of attorney — a legal document executed before a Spanish notary that formally authorises one person or entity (the apoderado or attorney-in-fact) to act on behalf of another (the poderdante or grantor). In Spain, a wide range of legal, commercial, and administrative acts must be performed through formally authorised representatives, making the poder notarial a fundamental tool for anyone who cannot be physically present in Spain.

When Is a Poder Notarial Required?

A poder notarial is commonly needed in Spain for:

• Property transactions: Buying, selling, or mortgaging real estate in Spain when the owner is abroad.
• Company incorporation or administration: Signing incorporation deeds, filing commercial registry entries, or representing a foreign company in Spain.
• Tax and AEAT matters: Appointing a tax representative to act before the Spanish Tax Agency.
• Court and administrative proceedings: Authorising a lawyer to represent you in litigation or administrative procedures.
• Banking: Opening accounts, executing financial contracts, or accessing safe deposit boxes on behalf of another.
• Inheritance: Accepting or renouncing an inheritance, or handling probate matters.

Types of Poder Notarial

For most purposes, a special poder tailored to the specific transaction is preferable over a general poder, as it limits the risk of the representative exceeding their authority.

Granting a Poder Notarial from Abroad

Foreign nationals who cannot travel to Spain to sign before a Spanish notary have two options:

Option 1: Spanish Consulate Execute the power of attorney before the Spanish consulate in your country of residence. The consulate acts as a notary for this purpose; the document is directly valid in Spain.

Option 2: Local Notary + Apostille + Sworn Translation Execute the document before a notary in your own country, obtain the Apostille of the Hague Convention (if your country is a signatory), and have the document translated by a sworn translator (traductor jurado) into Spanish. The apostilled, translated document is then recognised in Spain.

Non-Hague-Convention countries require full legalisation through the consular chain, which takes longer.

Revoking a Poder Notarial

A poder notarial can be revoked (revocado) at any time by the grantor through a new notarial deed. The revocation must be formally communicated to the apoderado and, in many cases, registered with the relevant registry (e.g., Registro Mercantil for company powers) or notified to third parties who relied on it to be fully effective against them.

Duration and Limitations

Spanish law does not impose an automatic expiry date on a poder notarial. However, many notaries and institutions refuse to accept documents older than one or two years without confirmation of validity. In practice, granting a fresh poder for each significant transaction is advisable.

How BMC Can Help

We assist foreign clients in preparing the specific poder notarial required for their transaction, coordinating with local notaries and consulates, managing the apostille and sworn translation process, and holding poderes on file to act on your behalf in Spain for ongoing administrative and tax matters.