Power of attorney acts much in the same fashion as an agent
does for an individual. There is the principle, which in this case is the
company, that will be signing off on the attorney form. The appointed agent can
be granted broad legal authority to act on behalf of the company or they may
have a limited scope of authority.
Commonly a corporate power of attorney is used when there
are business interests in a foreign country and the company needs an agent to
act on their behalf.The often used powers of attorney to use abroad are:
* A general representation of the company when there is
business in a foreign country.
* Heads of representative offices are granted agent
authority.
* Authority to manage and open bank accounts in a foreign
country.
* The buying of leasing of property.
* The ability to conduct negotiations and to sign off on the
contracts.
When the document will be used in another foreign country
there is a legalization process that has to be completed. This means that
thedocument has to legalized through authentication to be able to be used for
foreign use. The process involves different seals that are than placed on the
document.
How the legalization procedure takes place will depend on
the target country and whether that country is part of the Convention
Abolishing the Requirement of Legalization for Foreign Public Documents;
otherwise known as the Hague Convention.
Power of Attorney
Apostille
When a country is part of the Hague Convention, then the
only legalization that needs to take place is an Apostille certificate. The
attorney document that has an Apostille is than valid in all countries that are
part of the Hague Convention. However, if country is not part of the Hague
Convention, then the document will need to undergo the consular legalization
process.
There are foreign jurisdictions that have not joined the
Hague Convention. When there is power of attorney that is needed ina non Hague
country, then there is the consular legalization that will be required. Prior
to the consulate or the embassy stamping the document as legal, which is the
last step, the power of attorney form will need authentication at all state and
federal levels.
Part of the legalization process is the fact that only
original, notarized power of attorney forms will be accepted for legalization.
They have to be notarized and have all relevant documents included. One of
these documents that is needed with a corporate power of attorney form is the
Certificate of Incumbency. This confirms that the company officer that is
granting the power of attorney has the authority to do so on behalf of the
company.Visit www.legalizationservicecentre.ca/
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