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Power of Attorney in the Netherlands

Power of Attorney in the Netherlands

Updated on Wednesday 09th September 2015

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A power of attorney issued in the Netherlands is a written authorization for one person (the representative or agent) to represent and act on another person’s behalf (principal or the donor of the power). The power of attorney may grant powers in private affairs, business issues or to perform other judicial acts. It may be granted explicitly or implicitly.

 

Types of power of attorney in the Netherlands

Power of attorney may be general, special (limited) or temporarily limited.

A general power of attorney covers all affairs of the principal and the representative can take all necessary decisions, either personal or business.

A special power of attorney is limited to a specific act and only covers the power to perform such an act. However, a power of attorney that has been granted with the purpose to complete a specific goal covers or legal representation in the Netherlands,  all of the administrative acts that may be useful to complete that goal.

Finally, a limited power of attorney is only granted during a predefined time frame.

 

Other provisions for power of attorney in the Netherlands

A representative can grant his or her received authority through a power of attorney to another person. Unless the principal has provided otherwise, there are certain case in which the Polish power of attorney may be transferred:

  • -       if the right to transfer arises as a necessity for performing the judicial act;
  • -       if it observes the best interests of the principal and the principal is unable to make the transfer himself;
  • -       if the power of attorney concerns assets that are located outside of the Netherlands.

 

Termination of a power of attorney in the Netherlands

A power of attorney ceases to produce effects when:

  • -       the principal dies;
  • -       the principle is put under adult guardianship;
  • -       the principle is bankrupt;
  • -       the principle revokes the power of attorney;
  • -       the representative has performed all duties.

If the principal dies or is put under adult guardianship the representative remains authorised to perform judicial acts, as defined by the power of attorney, if necessary for the management of the principal’s business. Also, the representative can still perform the duties assigned to him or her under the power of attorney if the postponing of the duties can harm the principal.

The authority for representation ends after one year after the occurrence of the aforementioned events.

 

Our law firm in the Netherlands can help you with the necessary power of attorney or any other legal Dutch documents. For further information and personalised questions, please contact our law firm in Netherlands.

 

Comments

  • Michal 2015-06-02

    Dear Sirs, I am a Polish citizen living in The Netherlands. I would like to arrange a Power of Attorney document for my sister (living in Poland) for her to be able to represent me in all matters regarding the land and property in Poland that we co-own. Could you assist me in issuing such a document so that it can be valid in Poland. Please let me know what information you require to issue such a document and what is the procedure. Kind regards, Michal Wolszczak Marnixstraat 71C 1015 VC Amsterdam 06-52360615

    Hello Michal! Thank you for writing to us! We can help you in this matter, but please send us a detailed e-mail at office@lawyersnetherlands.com. We will reply as soon as possible. Have a great day!

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