Power of Attorney
A Power of Attorney is essential if the client cannot fly to Spain, or has not enough time to be present with the Solicitor for doing all the paperwork for a property purchase, company formation, court claim or a simple application.
We recommend doing it on time in order to save time for him, as well as to make faster our services.
A Power of attorney can be done in several ways. The most common one is in a Spanish Notary, it is the fastest and cheapest way, as it is a very simple form depending on the clauses, and it costs around sixty Euros. In most notaries you do not even have to apply for an appointment to sign it so you can do it everywhere and whenever you want in Spain.
However, sometimes the client has no time to fly to Spain so there are two more ways to obtain it.
One of it is to sign it in a Spanish Embassy, which is very useful, especially if the country is not member of the Hague Apostile. However, unfortunately, the Spanish Embassies are not the quickest option, as you will have to apply for an appointment, bring the documents, and wait after for the signature, which involves sometimes a very long wait.
The option we recommend if you cannot fly to Spain is to receive our Power of Attorney draft, written in Spanish and English, sign it in a local notary, and legalize it with the Hague Apostile. If your country is not member of the Hague Apostile, then you will have to legalize it in the Foreign Affairs Ministry of your country, and then in Spanish Embassy.
It is very important to choose carefully the clauses to be included in the Power of Attorney, since this determines the extent of the ability of your Lawyer to represent you.
A Power of Attorney can be removed by the client whenever he wants in any notary, and becomes useless if the client passes away.
A NIE number is an ID number for foreigners (Número de Identificación de Extranjeros) which are issued by the Police Station or the Foreigners Office, depending on if you are an E.U. citizen or from non E.U. country. In both cases the certificate is the same, it states basically a number, your citizenship and your full name, and it expires in three months. The state needs this number to register you in their database (mainly in the Tax Office) since the moment you own something in Spain like a property, funds, shares … A passport copy, a letter from the notary stating that you need the NIE for buying a property, create a company or buy shares, and the filled application form are required.
In addition there is another kind of NIE for E.U. citizens who live currently in Spain (“Certificado de Registro de Ciudadanos de la Unión Europea”). This document is essential if you’re planning to move or to work in Spain, otherwise you won’t have the right to public hospitals, and it won’t be possible to register you in the Social Security.
If you are not going to work in Spain, the required documents are basically a full coverage private health insurance, a bank statement showing enough funds for one year, a passport copy and the filled form. However, if you’re already registered in the Spanish Social security, you will need the registration certificate instead of the private insurance and the bank statement, which of course is easier to get. In the event you receive a salary from a foreign company, then you will have to show the pay slips or a tax statement. All the foreign documents must be translated, and if they are issued by the administration, must be legalized too.
In Spain, the procurador is a professional who studied law and represents the client in the court. His job is to submit and co-sign every single document the lawyer sends to the court in representation of the client, as well as receiving every notification from the court, in order to notify the lawyer. According to that his duty is more about formalities, even though in most places in Spain they have assumed other functions like to notify the lawyer about deadlines.
Hiring a Procurador is a formality obligated by Law; otherwise, the court would reject the suit, or every single application. However, in civil procedures you can avoid it if the case amount does not exceed two thousand Euros, and for labour cases it is not needed by law, which reduces cost.
Documents Translation and legalization
Spanish authorities, this includes any administration or Court, will not accept a document issued by a foreign administration (Birth or Marriage certificate), or in a language which is not Spanish or Catalan, Basque or Galician (depending on the Spanish region you are). This means that a legalization or translation is required for foreign documents before you submit them in any Spanish Office. The Translation must be signed, unless the documents are issued by a country where they speak Spanish (Mexico, Argentina, Honduras, Panamá…), so in those cases only the legalization will be required.
If it is a private document like an invoice or a proof of delivery, the legalization will not be needed, but if it is issued from a public office, it must be legalized with the Hague Apostile. However, not every country is member of the 5th October 1961 Hague Treaty, so if not, the document must be legalized in the country of origin’s Foreign Affairs Ministry, and then in the Spanish Embassy. Try always to get the translation after legalization, because some offices require every single word translated (even the Hague stamp).
If you need to apply for a the Hague Apostile for a Spanish public document, you have to apply for it in the Notaries Bar Association (Colegio de Notarios).