Power of Attorney in Czech Republic
Power of Attorney in Czech RepublicUpdated on Tuesday 19th July 2016
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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 envolved 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 representated 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.
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 with 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.
Persons interested in receiving further information on the specifications of the power of attorney in Czech Republic can address to our Czech law firm.