When do I need to have a power of attorney notarised?

What exactly is a power of attorney? What do I need it for? When do I need to have a power of attorney notarised? In this article, we explain what powers of attorney are, what they are used for and when they need to be notarised.

What is a power of attorney?

A power of attorney (PoA), known in German as a Vollmacht, allows me to authorise someone to conclude contracts on my behalf. This is particularly useful if I do not have time to be present when a contract is concluded. I can grant a power of attorney for almost any transaction. For example, I can authorise someone to set up a GmbH in my name, or to sign the purchase contract for a property. There are only a few exceptions where a power of attorney cannot be used. These are known as highly personal legal transactions, such as getting married. (Section 1008 ABGB)

Notarial certification of a power of attorney

In principle, a power of attorney can be granted in any form, including orally. In some cases, a written power of attorney is required. An even more secure form of power of attorney is one where the signature is notarially certified. As a rule, a notarised power of attorney is always required if it is granted in order to sign contracts before a notary. So if I need a power of attorney to set up a GmbH, for example, it must be notarised.

A notarised power of attorney may also be required in other cases. Typical cases include:

• property transactions,
• company law matters, in particular forming companies, concluding shareholder agreements, carrying out capital increases and transferring shares,
• in some cases, collecting documents such as university certificates.

This list is expressly not exhaustive. In practice, a number of other cases are conceivable.

Online notarisation of powers of attorney

Powers of attorney can be certified by partner notaries on the notarity platform entirely digitally, wherever you are in the world. More information on how to have powers of attorney notarised digitally is available on our blog. A power of attorney notarised online via notarity can generally be used worldwide, and the language of the power of attorney does not matter. If you need an apostille on the power of attorney, just let us know. An apostille for powers of attorney notarised online can be requested via notarity within a short time, usually within a few minutes of the appointment.

Citizens of more than 100 countries can be onboarded for the online notarisation of powers of attorney. All identity documents listed here are accepted, even if the countries concerned do not participate in PRADO.

You can conveniently book an appointment online today to have a power of attorney notarised on notarity.