The power of attorney is a legal instrument used to appoint another party to handle a number of matters in the name of the grantor of power. The appointed individual shall observe the interests of the principal and will complete the task or tasks with which he was entrusted.
A power of attorney in Mexico is drafted in Spanish and the parties involved appear before the notary public. The actual form of the document is governed by the location where it is executed.
Our Mexican lawyers can help all interested individuals, residents or foreign, to draft this document and use it for personal of business purposes. Read below to find out more about the uses of this document.
Recognition of POAs in Mexico
A power of attorney (POA) granted abroad is recognized in the countries that have signed the Hague Treaty of 1965, which certifies the authenticity of the signature of the POA, and Mexico is the signatory of this treaty. However, Canada has not signed the treaty, so a power of attorney will be recognized if the Mexican embassy authenticates it. Therefore, if you are a foreigner who wants to carry out business or any other legal operations in Mexico, you can learn from our lawyers if your power of attorney is recognized in this country or not.
Furthermore, you can get the assistance of our lawyers if you want to start a business in this country. Our Mexican lawyers will provide you with comprehensive assistance regarding business models and guide you on obtaining the business permits and licenses in this country.
For what purposes is a power of attorney issued in Mexico?
Several situations demand an individual to draft a power of attorney and hand over his powers to someone else for performing legal, financial, or business activities on his behalf. Please find below the situations where you can use a power of attorney in Mexico:
- Opening a company: the power of attorney can specifically state that another person is to submit the documents to open a locally registered company;
- Handle financial matters: an individual can appoint another part to act as the administrator of his assets; he can also draft the document so that this power may begin when the grantor loses his mental capacity;
- Handle health-related matters: in much the same manner, the power of attorney in Mexico can be used to delegate important healthcare decisions to another party;
- Handle immigration matters: an agent can act on behalf of a foreign national to handle part of the steps that are needed to immigrate to Mexico.
These powers of attorney can be tailored to whatever your intentions are; these can be categorized into:
- Banking powers: deals with the activities related to the opening and managing bank accounts;
- Power of litigation: it is granted when you require a legal representative before the judge;
- Administration power: it covers the matters related to public administration bodies and even authorization with private companies;
- Power of ownership: with this authority, a person can perform activities related to real estate.
It is advisable to grant a power of attorney for a specific action to avoid the abuse of power. You can also restrict the period of the use of power. These are just part of the uses of a power of attorney. Below, you can find out more about the two types that can be used for general or specific purposes, for short periods or indefinitely.
Our lawyers in Mexico can provide you with more information on when to draft the power of attorney according to its use and the moment you will need to use it in a Mexican city.
In addition to a power of attorney in Mexico, you can interact with our lawyers if you face any other legal issues in this country. For instance, if you face a divorce case in this country, you are recommended to acquire legal representation. The Mexican civil courts undertake various factors before commencing the divorce procedure. So, if you are ready to get a divorce in Mexico, you can rely on our lawyers for strong legal representation.
What are the types of power of attorney in Mexico?
A power of attorney can have general or special power. The general power of attorney, as the name suggests, can be used for multiple purposes, such as for representing the grantor in front of the authorities, managing his assets and interests, buying or selling in the name of the grantor. It can be revoked by the grantor himself or upon his death.
The special power of attorney is used for a single purpose. This means that the powers of the agent end once the task is complete. The document can specify one or more matters that will be handled by the agent, however, it will not grant complete powers.
How can I get a power of attorney in Mexico?
If you are a foreign national who is already in Mexico, our team of attorneys can help draft this document according to your needs. We will draft it is Spanish and prepare it in order to be used according to law. You will only need to provide us with information about the intended purposes and the type of power of attorney as well as present an original copy of your identification documents and sign the power of attorney in person.
A power of attorney for Mexico can be drafted outside of the country before the Officer in charge of a Consular Office who has the power according to law to act as Notary Public, allowing him to certify the acts that are executed before him (including, but not limited to powers of attorney). When it is drafted at a Consular Office, it will not be translated or legalized/authenticated because it is already drafted in Spanish, according to Mexican laws.
Some of the documents that need to be presented by the parties when executing a power of attorney in Mexico include the following:
- identification documents for both parties;
- the drafted document that includes the objective, the limitations, the end date (as applicable);
- proof of citizenship as well as proof of marital status in some cases.
When the document is drafted at a Consular Office in another country the applicant will pay a consular fee. When it is drafted at notary office the fees of the notary will apply.
How to hand over the power of attorneys to our lawyers in Mexico?
Please find below the steps to grant a power of attorney to the skilled lawyer at our law firm in Mexico for incorporation of a business, distant buyers, or other legal matters:
- Get in touch with a lawyer to draft a power of attorney;
- Complete your power of attorney in Spanish or English;
- Print two copies of your POA;
- Visit a notary and get your signatures at POA authenticated there, and also provide a copy of your passport;
- Contact the official document services of your city of residence for the certification of the notary public’s signature;
- After the completion of this process, you are required to send a power of attorney to the Mexican consulate for authentication;
- Finally, you can send the legalized or authenticated power of attorney to our lawyers in Mexico.
By following the steps discussed above, you can hand over your power of attorney to our lawyers. In this way, they can act as your representatives and perform tasks on your behalf. However, if you still have confusion regarding any step of transferring the power of attorneys, in that case, you can get in touch with our knowledgeable lawyers at our law office in Mexico without any hesitation. They will provide you with detailed guidance in this regard.
If you are a foreigner who is doing business in Mexico, you must make sure that you comply with the country’s tax implementations. Otherwise, any negligence may lead to serious consequences. For understanding taxes and accounting, you can trust the services of our certified public accountant (CPA) in Mexico.
Living in Mexico – statistics
According to the National Institute of Statistics, 0.8% of the women and 0.9% of the men living in Mexico in 2015 were born in another country. This percentage has been a constant one throughout the years. Other statistical data about living in Mexico shows the following:
- in 2020, the total population was estimated at 126,014,024 people;
- the percentage of women was 51.2% and that of the men 48.8;
- during the first quarter of 2021, there were 55,385,133 economically active individuals.
If you would like to know more about living in Mexico, relocating or starting a business here and how a team of lawyers can help you, please contact our law office in Mexico.
You can rely on the legal assistance of our immigration lawyers if you want to relocate to Mexico from Canada. They will help you in the application and document submission process. If you are not from Canada, you can still avail the legal services of our Mexican lawyers, because they provide immigration services to all the foreigners who want to relocate to this country.