Have you heard of a Power of Attorney? In Spanish, it’s called a “Poder.” This legal document allows one or two individuals to act on behalf of the original Buyer/Seller. Let’s say one person can’t make it to the signing for a property, the second person can step in and represent them. The POA is executed in the presence of a Notary, making it a legally binding deed. To ensure understanding between the donor and the Notary, it’s often prepared in both Spanish and English. Keep in mind that a POA can have an expiration date, rendering it invalid after a certain period. This means that the person holding the power under the POA can only transact on behalf of the individual for a limited.
After the donor and the Notary have signed the Power of Attorney (POA) in the presence of a witness (although the Notary often acts as the witness as well), the Notary will send the document to the Foreign & Commonwealth Office to be stamped with an Apostille (as required by the Hague Convention) to confirm the authority of the Notary. When executing and notarizing Spanish powers of attorney, the Spanish authorities will require a copy of the donor(s) passport to be attached to the Poder. This is especially crucial when the Poder grants the power to apply for an NIE number.
Following the UK’s exit from the EU, Spanish authorities will now treat EU applicants as non-EU citizens. This means that a copy of every page of the donor’s passport, along with the cover, must be provided with Powers of Attorney for Spain (and potentially for all other EU nations). We are optimistic that certain Spanish authorities will not enforce this additional requirement during the 2020 transition period and will instead reach a different understanding.