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Procuration Letter for Austria

Procuration Letter Template for Austria

A Procuration Letter (Prokura) is a formal legal document under Austrian law that grants comprehensive commercial power of attorney to an individual (Prokurist) to act on behalf of a business entity. Governed by the Austrian Commercial Code (Unternehmensgesetzbuch - UGB), particularly §§ 48-54, this document establishes a special form of commercial representation that allows the authorized representative to conduct all types of court and out-of-court business transactions that the operation of a commercial enterprise typically entails. The scope of authority is statutorily defined and cannot be limited with effect against third parties, except for restrictions regarding real estate transactions or the establishment of branch operations.

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What is a Procuration Letter?

The Procuration Letter serves as a crucial instrument in Austrian commercial law for delegating broad commercial authority within business organizations. This document is typically used when a company needs to appoint a trusted representative (Prokurist) with extensive powers to act on its behalf in day-to-day business operations and significant commercial transactions. The authority granted through a Prokura is specifically regulated under Austrian law (UGB §§ 48-54) and provides broader powers than a regular power of attorney, enabling the Prokurist to conduct almost all types of commercial transactions except for selling real estate or establishing new branches (unless explicitly authorized). The document must include specific statutory declarations, may require notarization, and must be registered in the Austrian Commercial Register (Firmenbuch) to be fully effective.

What sections should be included in a Procuration Letter?

1. Header Information: Date, place of execution, and title of the document

2. Principal Details: Full legal name, registration number, and address of the company granting the Prokura

3. Prokurist Details: Full legal name, date of birth, and address of the person receiving the power of attorney

4. Scope of Authority: Clear statement of the granted Prokura and its extent according to § 48-54 UGB

5. Legal Declarations: Formal statements regarding the authority granted and acceptance of the role

6. Signature Requirements: Specification of how the Prokurist must sign on behalf of the company

7. Effective Date: Statement of when the Prokura becomes effective

What sections are optional to include in a Procuration Letter?

1. Joint Prokura Provisions: Required when the Prokura is to be exercised jointly with others (Gesamtprokura)

2. Branch Limitations: Optional section when the Prokura is limited to specific branches of the business

3. Additional Powers: Any additional authorities granted beyond the statutory scope of Prokura

4. Remuneration: Optional section detailing any compensation for the role of Prokurist

5. Termination Provisions: Specific conditions or procedures for terminating the Prokura

What schedules should be included in a Procuration Letter?

1. Company Resolution: Copy of the company resolution authorizing the grant of Prokura

2. Specimen Signature: Official specimen signature of the Prokurist for registration purposes

3. Identification Documents: Copies of identification documents of the Prokurist

4. Register Extract: Current extract from the company register (Firmenbuch) of the principal company

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Letter of Authority

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Manufacturing

Retail

Financial Services

Professional Services

Technology

Construction

Healthcare

Logistics

Real Estate

Energy

Telecommunications

Industrial

Agriculture

Hospitality

International Trade

Relevant Teams

Legal

Corporate Governance

Executive Management

Compliance

Corporate Secretariat

Risk Management

Operations

Administration

Business Development

Human Resources

Relevant Roles

Chief Executive Officer

Managing Director

Board Member

General Manager

Chief Operating Officer

Senior Executive

Company Secretary

Legal Counsel

Head of Legal

Compliance Officer

Business Unit Director

Regional Manager

Branch Manager

Department Head

Authorized Representative

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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