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Power of Attorney in Czech Republic

Power of Attorney in Czech Republic

Natural persons or those representing legal entities who can’t be present in Czech Republic at a specific time, when they should provide a certain document or be involved in a certain procedure, can offer the power of attorney to another person (such as a family member or a close friend) or to legal representative. The document is used by the above mentioned persons in order to be represented by someone else who will act on behalf of them. Our team of Czech lawyers can provide legal assistance on this matter, as well as on the main regulations referring to this type of legal representation. 

 Quick Facts  
What is power of attorney?   A legal document through which a person can be represented in varied legal or administrative procedures.

 In what situations can you opt for the Czech power of attorney?

For:

– buying a house,

– opening a bank account,

 – starting a business, etc. 

Content of a Czech power of attorney 

– name of the empowered person (in this case our Czech lawyer), 
– name of the client who solicits a power of attorney,

– purpose of the legal actions,

– validity, etc. 

Who can make the decisions on your behalf with a power of attorney?  Our Czech lawyer who can represent you, if appointed, or any other person you want. 
Power of attorney for foreigners in Czech Republic 

For foreign citizens interested in:

– opening a firm,

– buying real estate,

– signing documents, etc. 

Minimum age to solicit a power of attorney 

 15 years old

 Legislation for Czech power of attorney

Czech Administrative Procedure Code 

What is a special power of attorney? 

A document issued for a certain legal action.

 What is a limited power of attorney?

A document that can represent you for a specific period of time. 

We represent clients in buying a property in Czech Republic with a power of attorney (YES/NO)  YES 
Representation with a power of attorney for minors applying for Czech residency (YES/NO) 

YES

Financial power of attorney 

You can appoint a person to manage your financial affairs in case you are unable.

 Legal procedure for succession

Our lawyers can represent you with a power of attorney. Specific documents are also solicited: marriage certificate, death certificate, and property documents. 

Validation in a foreign country 

A power of attorney issued in Czech Republic can be valid in a foreign country if it is recognized by the legislation. 

 Why choose our Czech attorneys?

– representation of clients in varied legal matters,

– a professional team of lawyers,

– complete legal services at affordable prices 

What is the power of attorney?

Power of attorney is the type of document with which a person empowers another person to represent him/her in various actions. This act must include the name of the person requesting this procedure, but also the name of the person empowered to carry out the respective action. Moreover, the power of attorney must clearly specify the purpose for which it is performed.

Both individuals and companies can be empowered in certain steps such as the purchase of a building, a car, or various administrative procedures. Our Czech lawyers can represent you with the power of attorney if you want to undertake certain legal operations for which you cannot travel in this country.

What is the validity of power of attorney?

Power of attorney is a document that has a specific validity, depending on its purpose. The person who wants to empower another person or company can specify the duration of this act, but also the number of legal operations. For example, it may take a month or even a year to conclude a legal act. However, these things are normally detailed in the power of attorney, a document that can be drafted by our lawyers in Prague when you need it.

Obtain the power of attorney in Czech Republic 

The power of attorney can be obtained by a foreign person who has to solve several legal matters in the Czech Republic, such as purchasing a property, setting up a new company or entering in a contractual agreement with another party. 

According to the Act of the Resilience of Foreign Nationals, Section 178, any foreign person aged above 15 years old is allowed to perform several legal actions. However, most of the legal actions are forbidden to persons who are this age and, in this situation, they have to be represented by other citizens. This is applicable in the situation of the power of attorney, where the minor can be represented by another person aged above 18 years old, which is the legal full age. 

The legislation applicable in Czech Republic stipulates that the power of attorney can only be granted to a single person, who can receive it through a written document or by a power of attorney offered verbally (which must be recorded); our team of Czech attorneys can offer more details on the procedure. 

Legal requirements for the Czech power of attorney 

Regardless of the legal case for which the person is granting the power of attorney, the document should contain several compulsory elements. 

The document should be drafted in accordance with the provisions stated by the Section 37(2) of the Administrative Procedure Code. It is compulsory for the donor (the person granting the power of attorney) to sign the document, but it is important to know that the signature of the representative (the person receiving the right to act on the behalf of another person) is not a compulsory element. 

As a general rule, the document is granted only for one legal act. Still, it is important to mention that a person can have a universal power of attorney, which is issued for an unlimited number of legal acts, performed to represent the interests of the donor. 

Types of power of attorney in Czech Republic

There are several types of power of attorney that can be used in the Czech Republic, including:

  • General power of attorney: This type of power of attorney gives someone else (an “agent” or “attorney-in-fact”) the authority to act on behalf of the grantor (the person giving the power) in all matters except those specifically excluded in the document.
  • Special power of attorney: This type of power of attorney gives the agent the authority to act on behalf of the grantor in a specific matter, such as the sale of a property.
  • Limited power of attorney: This type restricts the agent’s authority to a specific set of tasks, such as signing a specific document.
  • Durable power of attorney: This type remains in effect even if the grantor becomes incapacitated or unable to make decisions for themselves.

If you have questions about which type of power of attorney fits best to your issues, it is best to consult with our lawyers in Czech Republic.

Power of attorney in Czech Republic to buy a property

Foreign citizens who want to rent or buy a property in Czech Republic without traveling to this country can turn to our lawyers. They can represent them with power of attorney in order to deal with the formalities involved.

Buying a home requires a lot of attention in terms of documents, if there are hidden disputes and if certain legal procedures are necessary for the relief of burdens. Therefore, if you cannot visit the Czech Republic, but want to buy a property, you can turn your attention to our legal services. We can represent you with a power of attorney in the Czech Republic.

Power of attorney in Czech Republic for obtaining residency

According to the Act on the Residence of Foreign Nationals, a foreign national who is over the age of 15 and is capable of expressing his/her own will and act independently is considered to have the capacity to perform legal acts.

However, if the foreign national does not have legal capacity, he/she must be assisted by a legal representative in order to apply for residency. The legal representative can act on behalf of the foreign national only with a power of attorney. This capacity to perform legal acts arises after the age of 15, but does not mean that the person has reached the age of legal majority.

Czech Republic power of attorney for financial matters

power of attorney in the Czech Republic can give a person the authority to handle financial matters on behalf of another person. This can include tasks such as collecting or paying debts, investing money, buying or selling property, or signing legal documents. The scope of the power of attorney can be tailored to meet specific needs, and the level of authority granted to the representative can be limited or extensive, depending on the situation.

Additionally, a power of attorney can allow access to your bank accounts, investments, and other financial assets. This can be important if you are unable to access your accounts or needs someone to manage your assets on your behalf.

Granting power of attorney in the Czech Republic for business transactions

You may also grant a power of attorney to an attorney-at-law to represent you in business negotiations, signing contracts, or making other business decisions. This can be especially helpful if you are unavailable or unable to sign a contract, for example when you are traveling or are located in another country. Through a Czech power of attorney, you can also be represented in business negotiations, meetings, and other transactions or authorized to buy or sell real estate or intellectual property.

If you are granting a power of attorney for a complex or high-stakes transaction, it is strongly recommended to seek the advice of a Czech lawyer.

Power of attorney for notary divorce

Divorce at a notary’s office can be done with the help of a third person who will act with an authenticated power of attorney. If one of the spouses cannot attend the amicable divorce procedure, he/she can be represented by one of our Czech lawyers with the help of a power of attorney. Also, the same type of document can be made for each spouse, where appropriate. The identity documents of the two, as well as the marriage certificate, are necessary in order to be able to carry out the respective power of attorney. Please discuss more with our lawyers about the power of attorney in Czech Republic. What is important to mention is that the power of attorney will not help to issue the divorce certificate.

Can I ask for power of attorney for succession?

Of course, succession is a legal procedure where power of attorney can be used. Our Czech lawyers can represent your interests in this endeavor, with the help of a power of attorney in the Czech Republic. Among the necessary documents are the death certificate, the documents attesting to the marital status, the identification documents. Thus, once the power of attorney has been made, the representative will take care of all the formalities involved in the succession.

What other legal actions are required for power of attorney?

In addition to the actions mentioned above, the power of attorney can also be used for voluntary sharing, sale, and/or purchase of the real estate, collection of certain documents, or sums of money, for example. And those who want to be represented before public or private institutions can ask for a power of attorney in the Czech Republic, including the courts. Therefore, power of attorney in the Czech Republic is used for many purposes, but for more information please contact our Czech lawyers.

Is a Czech Republic power of attorney valid in other countries?

The validity of a Czech power of attorney in another country depends on the laws of that country. It might be required to comply with the requirements of that country, such as being signed and witnessed in a certain way or being translated into the local language. Additionally, some countries may require that the power of attorney be authenticated or legalized before it will be recognized as valid.

If you need to use a power of attorney in another country, it is best to consult with our Czech lawyers with expertise in international law to determine the requirements for that specific country.

Call on Czech lawyers for the power of attorney

Foreigners or Czech citizens who need to empower a person to represent their interests can call on our team of lawyers in Czech Republic. We can offer the optimal solutions for the problems you encounter, including in the field of business.

In other words, foreign investors in Czech Republic enjoy an optimal business climate due to the advantages offered by this country. And to get an idea of the economic direction of the Czech Republic, we invite you to discover some interesting facts:

  • More than USD 188 billion was the total FDI in the Czech Republic in 2020.
  • According to the 2020 Doing Business report, the Czech Republic ranked 41st out of 190 world economies in terms of optimal business conditions, among others.
  • In 2019, over 32% of total foreign investment was absorbed by financial and insurance services in the Czech Republic;
  • The automotive industry is a particularly important sector, with major global automakers such as Škoda Auto, and Toyota Peugeot Citroën Automobiles having significant operations in the country.

Persons interested in receiving further information on thespecifications of the power of attorney in Czech Republic can address to our Czech law firm