Is power of attorney valid in the Netherlands?


Questioner

I have a question. I work for a Polish company and I will sign agreements with our clients here. What should I do if I have a power of attorney from another company representative registered in the Polish National Judicial Register? In Poland, a power of attorney from a registered in the Polish National Judicial Register attorney can appoint other powers of attorney. Is my power of attorney valid here too? They can then sign contracts without registration, just a signed document is enough. Is this possible in the Netherlands?

Lawyer

In the Netherlands, a representative, or the authorized representative, can in principle perform legal acts on behalf of the principal. For this, a power of attorney is legally required according to the Dutch Civil Code. The power of attorney is a permission that the principal (the actual contracting party) gives in advance to the authorized representative (for example you) to perform a legal act in his or her name. Regarding your specific situation: the concept of 'power of attorney' is in principle universal and not necessarily bound to the law of a specific country. So if you have been granted a power of attorney by a Polish company representative, that power of attorney should also be valid in the Netherlands. Dutch law seems to be broadly consistent with the requirements you describe as they emerge from Polish law. Please note: Dutch law requires that the power of attorney is clear. The power of attorney must therefore indicate exactly what the authorized representative may do on behalf of the principal. For example, you can think of concluding specific agreements. A lawyer or notary can tell you more about this and possibly arrange formalities. In some cases they can also help you check whether a power of attorney is actually valid in the Netherlands. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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