The power of attorney in Greece represents a legal document through which a person, be it an individual or a company, gives the power of being represented by another person. The document can also be signed to provide a set of rights to our lawyers in Greece.
The power of attorney (POA) can be signed for a wide range of reasons – for instance, the document can be used when opening a Greek company.
In this particular case, you can be represented by our Greek lawyers throughout the entire process of registration, from signing the statutory documents, to obtaining business permits or registering for taxes.
| Quick Facts | |
|---|---|
| Entities that can be granted with the power of attorney |
individuals and companies |
|
Types of powers of attorney (POA) |
– simple power of attorney, – power of attorney signed by a notary, – power of attorney containing the apostille, – general judicial power of attorney |
|
Age requirements for the entity that gives the power of attorney (yes/no) |
Minimum 18 years old |
| Other requirements/ documents to be fulfilled by the donor |
– personal information, – certificates, – current residential address, – certified translation in the case of foreign donors, – tax identification number |
| Requirements for the proxy (the entity that receives the POA) |
Personal details: – address, – e-mail, – date and place of birth, – other similar information |
| Institutions where the document can be signed |
The notary public or a consular mission |
| Fees charged for the issuance of the POA in Greece |
EUR 50 per page |
| Law regulating the POA |
The Greek Civil Code |
| The elements of the POA |
– who is the donor, – who is the proxy, – the legal matter (or matters) for which the proxy has the legal right of representation, – the address and other identity elements of the two parties, – the signature of the donor |
| Issuance of a copy of the POA (yes/no) | Yes |
| Participation of a translator when preparing the POA (for foreigners who do not speak Greek) |
Yes |
| Common usage of POA for commercial matters |
Representation for: – signing contracts, – company formation matters, – obtaining licenses and permits, etc. |
| Common usage of POA for personal matters |
– property sale, – legal matters deriving from family legislation, inheritance law, etc. |
| The validity of a POA |
It depends on the type of POA: it can be valid for a single legal action or for a long period of time, even years
|
| Preparing the POA in the home country if the POA is necessary in a foreign jurisdiction (yes/no) |
Yes, by addressing to the Greek diplomatic missions in the home country |
As a natural person, you can also rely on this document for a wide range of situations; thus, there are numerous ways in which you can delegate another entity to represent you.
However, for this to happen, there are specific conditions you must fulfill. You can find in this article several basic aspects of the power of attorney in Greece.
Table of Contents
What are the conditions for signing the power of attorney in Greece?
The Greek POA can be signed for a wide range of reasons, as said above. The person who gives the power of attorney will have to comply with certain requirements, in accordance with the Greek law.
First, it is necessary to meet the age requirements in order to be able to give the power of attorney to another person.
The document must always be signed in person, and the person granting the document must be in person in the place where the document will be signed.
For a Greek citizen or resident, there are more options in this sense, while for foreigners who want to appoint Greek lawyers, the document has to be signed in a Greek consular mission or embassy.
For this to take place, the foreigner must provide clear proof on his or her identity, and this refers to his or her name and surname, the names of the parents, the place of birth and others. The power of attorney in Greece must always be signed by a public notary (a Greek one) or by Greek lawyers.
For those who do not understand the Greek language, when preparing the power of attorney, a translator or an interpreter must participate in this procedure, and this is a mandatory requirement, according to the Ministry of Foreign Affairs of the Hellenic Republic. Some important aspects are highlighted below:
- the person who gives the power of attorney in Greece to another person must have an age of at least 18 years old, which is a requirement applicable to the person who will act on behalf of that person;
- the fee charged for the issuance of the POA is of EUR 50 per sheet;
- according to the law, 1 sheet of POA is comprised of 2 pages;
- a copy of the Greek power of attorney is charged with a fee of EUR 10;
- other obligations related to the POA derive from the Greek Civil Code, Article 303.
What information should the donor provide when giving the Greek POA?
The donor refers to the person who wants to give the right to be legally represented by another person/entity. When preparing the power of attorney in Greece, the donor is legally required to present personal information, which is compulsory for the issuance of the document.
Our law firm in Greece can offer an extensive information regarding this subject and can help you sign this document, which, according to the Greek law, has to clearly present the purpose for which is signed and the exact rights and ways in which one can represent the donor.
As said above, the personal identity information of the donor represents a basic requirement. Besides these, the donor must offer additional details, as the ones mentioned below. Provided that you need legal advice on the following, you can easily reach our team of Greek lawyers:
- various types of certificates – such as birth certificates, marriage certificates or birth certificates, issued by the Greek authorities;
- provided that you are a foreigner, the same documents are necessary, but they will need to have a certified translation;
- information on your residential address in Greece or, if you are a foreigner who’s not residing in Greece, the residency address from your home country;
- the tax identification number issued by the Greek/foreign authorities, where applicable;
- the occupation of the donor of the power of attorney in Greece.
Of course, the person who receives the power of attorney (known as proxy), must also provide similar information. Then, if all the information is provided as necessary, the document can be drafted and signed by our team of Greek lawyers for the specific purpose that you need.
What information must be provided by the proxy in Greece?
A proxy refers to the person who receives the power of attorney – this can be a family member, a lawyer in Greece or another party that the donor wishes to conclude a certain legal activity on his or her behalf.
When completing the power of attorney in Greece, the proxy must present the following information:
- the name and surname, as it is written in the Greek identity card or the Greek passport;
- the names of the parents of the proxy;
- the occupation of the proxy;
- the Greek identity number (or the tax registration number);
- the residential address of the person, which has to be the address where the person is registered with the local authorities;
- the power of attorney should also evidence data on the proxy’s identity card’s details, such as the number of the document, the place and the institution which issued the document, etc.
As we mentioned above, there can be situations where the person who wants to grant the Greek POA does not speak Greek. In these situations, the presence of a translator is required.
However, it must be noted that in such scenarios, it is also necessary to appoint 2 witnesses. According the Greek legislation, the witnesses must not be related with the person who will sign the power of attorney (the proxy), nor should they be related to each other.
Of course, the 2 witnesses must be able to read, write and understand the Greek language and they must also present their Greek identity documents (it is accepted to present any of the 2 basic documents – the identity card or the passport).
The purpose of the presence of witnesses is to:
- witness the event;
- make sure that the person who grants the power of attorney understands what the Greek text contains;
- sign the document.
For what purposes can one use the power of attorney in Greece?
The Greek POA can be used for basically any type of legal situation, in the connection with the institutions of state. It applies to most of known situations, with the exceptions of the ones where the law specifically requires an individual to present in person in front of local authorities.
For example, when one applies for a passport or a passport renewal, it is clear that one can’t appoint a legal representative, as the person has to be there in person and complete the necessary formalities.
First of all, the main distinction regarding the power of attorney refers to its purpose. Thus, the Greek law distinguishes between the following 2:
- limited power of attorney;
- general power of attorney.
If in the first case, a proxy has very well established rights, while in the case of the 2nd type of document, the proxy is entitled to act on behalf of the donor in a wide category of legal matters.
The power of attorney can be used in many ways, that cover a multitude of actions concerning both individuals and companies. We invite you to watch a short presentation on the Greek power of attorney:
Below, you can find out some of the ways in which this document can be use:
- collecting various types of incomes in the name of the donor;
- dealing with legal matters related to property management;
- selling and purchasing various assets, including real estate property;
- managing a person’s assets, debts and other financial obligations, etc.
When is it recommended to sign the power of attorney in Greece?
This document is ideal for persons who can’t be in a certain place at a certain time. Persons who live abroad and who have various legal/tax/financial matters to handle can use this document without any type of restrictions.
It can be the case of foreign businessmen, who also have to deal with other matters in their home country, or of individuals who must conclude different actions in Greece and can’t travel due to their daily life (work and other important commitments that can refrain them from arriving to Greece at a given moment) – such as buying a property.
Our lawyers can help you prepare the necessary paperwork required when you buy land in Greece. One must prepare various documents and it is also required to apply for a Greek tax identification number.
In Greece, it is customarily to offer a deposit when you sign a contract for the sale of a property, which is usually set up at 10% from the market value of the property.
If you, for instance, need legal representation for the purchase of a property, the document must contain the exact ways in which the proxy is entitled to represent you. Please contact our law firm in Greece for more information.