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Special Power Attorney Authorization Letter Template for Belgium

A Special Power Attorney Authorization Letter under Belgian law is a formal legal document that grants specific and limited powers to an appointed representative (attorney-in-fact) to act on behalf of the principal in particular matters or transactions. Governed by the Belgian Civil Code, particularly Articles 1984-2010, this document must explicitly detail the scope of authority granted, ensuring compliance with Belgian legal requirements for powers of attorney. The document requires proper execution, potentially including notarization, and must meet formal requirements for both domestic and international use, especially if apostille certification is needed.

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What is a Special Power Attorney Authorization Letter?

The Special Power Attorney Authorization Letter is a crucial legal instrument under Belgian law used when an individual or entity (the principal) needs to delegate specific authority to another party (the attorney-in-fact) for particular transactions or matters. This document is distinct from a general power of attorney as it limits the attorney-in-fact's authority to specific actions or transactions explicitly outlined in the document. It is commonly used in situations where the principal cannot be present for certain transactions, requires representation in specific matters, or needs to delegate authority for particular business operations. The document must comply with Belgian Civil Code requirements and may need additional formalities such as notarization or apostille certification for international use. Understanding when and how to use this document is essential for proper business operations and legal compliance in Belgium.

What sections should be included in a Special Power Attorney Authorization Letter?

1. Place and Date: Current location and date of execution of the power of attorney

2. Principal's Information: Full legal name, address, and identification details of the person granting the power of attorney

3. Attorney-in-Fact Information: Full legal name, address, and identification details of the person being granted the powers

4. Scope of Authority: Detailed description of the specific powers being granted, with clear limitations and specifications

5. Duration: Time period for which the power of attorney is valid, including start and end dates if applicable

6. Governing Law: Statement that the power of attorney is governed by Belgian law

7. Execution: Signature block for the principal, including space for notarization if required

What sections are optional to include in a Special Power Attorney Authorization Letter?

1. Substitute Attorney Clause: Optional section allowing the attorney-in-fact to delegate powers to another person, used when such flexibility might be needed

2. Revocation of Prior Powers: Section revoking any previous powers of attorney, used when replacing existing authorizations

3. Compensation Clause: Details of any compensation to be paid to the attorney-in-fact, used when the service isn't gratuitous

4. International Use Declaration: Special clause for international recognition and apostille requirements, used when the document will be used abroad

5. Language Declaration: Statement about official language versions if the document is bilingual, used when multiple language versions are needed

What schedules should be included in a Special Power Attorney Authorization Letter?

1. List of Specific Powers: Detailed enumeration of all specific actions the attorney-in-fact is authorized to perform

2. Identity Documents: Copies of identification documents of both principal and attorney-in-fact

3. Corporate Resolution: If the principal is a company, resolution authorizing the granting of the power of attorney

4. Certified Translations: Official translations if the document needs to be used in non-Belgian jurisdictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Sector

Banking

Cost

Free to use

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