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[Text of the Treaty]

 

» PROTOCOL ON UNIFORMITY OF POWERS OF ATTORNEY WHICH ARE TO BE UTILIZED ABROAD (C-6) 

 
Signatories and Ratifications
ADOPTED AT: WASHINGTON, D.C., UNITED STATES 
DATE: 02/17/40
CONF/ASSEM/MEETING: GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES 
ENTRY INTO FORCE: FOR EACH COUNTRY ON THE DATE OF SIGNATURE, IN ACCORDANCE WITH ARTICLE XII 
OF THE PROTOCOL 
DEPOSITORY: OAS GENERAL SECRETARIAT (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 27
UN REGISTRATION: 03/03/53  No. 487 Vol. 161
OBSERVATIONS: In accordance with Article XII the Protocol is operative as respects each 
High Contracting Party on the date of signature by such Party, except when signed ad referendum,  
in which case it does not take effect, with respect to such State, until after the deposit of the instrument of ratification. 
 
GENERAL INFORMATION OF THE TREATY: C-6
===============================================================================
SIGNATORY COUNTRIES    SIGNATURE REF   RA/AC/AD REF   DEPOSIT INST  INFORMA REF
===============================================================================

Bolivia .............   09/26/40 D  1    /  /           /  /          /  /     
Brazil ..............   09/06/40 D  2    /  /           /  /          /  /     
Colombia ............   05/25/40  R 3  04/02/43  R a  06/10/43 RA     /  /     
El Salvador .........   05/21/40    6  12/09/40  R b  02/06/41 RA     /  /     
Mexico ..............   12/15/51  R 4  05/12/53  R c  06/24/53 RA     /  /     
Nicaragua ...........   05/27/40    6    /  /           /  /          /  /     
Panama ..............   04/10/40    6    /  /           /  /          /  /  

Paraguay  ...........   06/02/98    6    /  /           /  /          /  /   
United States .......   10/03/41    6  04/03/42       04/16/42 RA     /  /     
Venezuela ...........   02/20/40  R 5  10/09/41  R d  11/03/41 RA     /  /     
===============================================================================

         
REF = REFERENCE                                      INST = TYPE OF INSTRUMENT
       D = DECLARATION                                      RA = RATIFICATION
       R = RESERVATION                                      AC = ACCEPTANCE
INFORMA  = INFORMATION REQUIRED BY THE TREATY               AD = ACCESSION
                                                                            
                              
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWS
TREATY REFERENCES: C-6

1. Bolivia:

(Declaration made at the time of signature)

The Representative of Bolivia signs ad referendum this Protocol with the following clarification regarding Article I, Section 2:

   For the correct application of Article I, Section 2 of the Protocol on Uniformity of Powers of Attorney in the territory of the Republic of Bolivia, it is necessary that the notary or official charged with the authentication of documents insert in the Powers of Attorney which are issued by delegation or by substitution the integral text of the original Powers of Attorney and of all those documents which prove the legal capacity of the person conferring the power.

 

2. Brazil:

(Declaration made at the time of signature)

Brazil did not sign ad referendum, and consequently the Protocol entered into force with respect to that country on the date of signature, the sixth of September, 1940.

 

3. Colombia:

(Reservation made at the time of signature)                
   The Plenipotentiary of Colombia signs the Protocol on Powers of Attorney ad referendum to approval by the National Congress, making the reservation that the Legislation of Colombia, in Article 2590 of the Civil Code, provides that notaries are responsible only for the formal part and not for the substance of the acts and contracts which they authenticate.

 

4. Mexico:

Signed ad referendum with the following reservation:   

The Government of the United Mexican States, in accepting the provisions of Article IV, makes the express declaration that aliens who are required, for the performance of certain acts, to enter into the agreement or waiver referred to in Section I of Article 27 of the Political Constitution of the United Mexican States, must grant a special power of attorney, expressly including as one of its provisions the agreement and waiver above-mentioned.  Section I of Article 27 of the Constitution reads as follows:  "Only Mexicans by birth or by naturalization, and Mexican companies, have the right to acquire the ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines, waters, or mineral fuels in the Mexican Republic.  The State may grant the same right to aliens, provided they enter into an agreement before the Secretariat of Foreign Relations to be considered as Mexicans with respect to such property, and not to invoke, therefore, the protection of their governments in any matter relating thereto; under the penalty, in the event they violate the agreement, of forfeiture to the nation of property they have acquired by reason
thereof.  Under no circumstances may foreigners acquire direct ownership of lands and waters within a zone of one hundred kilometers along the seashore."

 

5. Venezuela:

(Reservation made at the time of signature)

The Representative of Venezuela signed the Protocol with the following modification of Paragraph I of Article I:

1.  If the power of attorney is executed by or on behalf of a natural person, the attesting official (notary, registrar, clerk of court, judge or any other official upon whom the law of the respective country confers such functions) shall certify from his own knowledge to the identity of the appearing party and to his legal capacity to execute the instrument, according to documents which the latter has produced.

 

6. El Salvador, Nicaragua, Panama and United States:    

Signed ad referendum.

a. Colombia:

(Reservation made at the time of ratification)

With the reservation made at the time of signature.  

b. El Salvador:

(Reservations made at the time of ratification)

   (a)   Article IX, as respects its application in El Salvador, shall be considered as reading as follows:

   Article IX.  The powers of attorney granted in any of the countries of the Pan American Union in accordance with the foregoing provisions and in conformity with the laws of the country of origin,          
shall, for their utilization in any other country of the Union, be considered as granted before a competent notary of the country in which they may be used, without prejudice, however, to the necessity          
of protocolization of the instrument in the cases referred to in Article VII.

   (b)   The reservation is made to Article VIII that official activity of the attorney, as plaintiff or defendant, cannot be admitted in judicial or administrative matters for which Salvadorian laws require that representation be accredited by a special power of attorney.

c. Mexico:

(Reservation made at the time of ratification)

With the reservation made at the time of signature.     

d. Venezuela:

(Reservation made at the time of ratification)         

With the reservation made at the time of signature.    

(Reservation made upon approval of the Protocol)   

 

Dominican Republic:

The Government of the Dominican Republic abstains from signing the Protocol, "because several of its provisions collide substantially with Dominican legislation or lack of provisions that exist in our laws, or they are inconvenient from the general point of view.

 

[Text of the Treaty]

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