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Inter-American
convention on the
legal regime of powers of attorney to be used abroad |
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»
Summary
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[full
text] |
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CIDIP:
This
Convention was adopted at the First Inter-American
Specialized Conference on Private International
Law
(CIDIP-I), held in Panama City, Panama - January
1975.
Ratifications:
To date, the following countries have ratified this
Convention: [click
here]
Objective:
The
main purpose of this Convention is to provide an
instrument by which powers of attorney validly
issued by one Party to the Convention will be
valid in any another State Party,
provided
they comply with the provisions thereof.
Summary:
This
Convention establishes that the law of the place
in which the power of attorney was issued
governs the formalities concerning
extraterritorial use of the power of attorney.
However, the Convention allows the party
issuing the power of attorney to submit to the
law of the State in which the power of attorney
is to be enforced.
The Convention also establishes that if
the law of the State in which a power of
attorney is to be enforced requires formalities
essential to its validity in that State, such
law will govern.
If
a State issuing a power of attorney does not
recognize a special formality required under the
law of the State in which it is to be enforced,
compliance with the following requirements of
the convention will be sufficient to ensure its
validity: 1) sworn statement by the principal,
or an affirmation to tell the truth concerning
(a) his or her identity, nationality, age,
domicile and marital status, (b) his or her
right to confer representative capacity on
another person and (c) the legal status of the
entity in whose name the power of attorney is
issued; 2) certified copies of documents
evidencing the items specified in item 1; 3)
authentication of the issuer’s
signature; 4) adherence to all requirements of
the State of issuance; and 5) proof of
representation of the legal entity to create the
power of attorney.
Notice requirements under the power of
attorney must follow the law of the State in
which it is enforced.
Powers of attorney issued in a language
foreign to the State of enforcement must be
translated to the language of this State.
In
addition, an official responsible for legalizing
the power of attorney must certify or attest to
the following items: 1) the information required
by the Convention; 2) the authority of the
principal to issue a power of attorney on behalf
of another natural person; 3) the legal
existence of the juridical person on whose
behalf the power of attorney is given; and 4)
the power of the principal to represent the
juridical person and his authority to grant the
power of attorney on its behalf. The law of the
State in which the power of attorney is used
also governs its effects and usage
Lastly,
the State of destination may refuse to execute a
power of attorney if it is manifestly contrary
to its public policy.
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