The Power of Attorney Affidavit is a crucial legal instrument in German jurisdiction, combining the authority-granting elements of a power of attorney with the gravity of a sworn statement. This document type is particularly relevant when formal authorization needs to be paired with verified declarations, common in both business and personal matters. The document must comply with the German Civil Code (BGB) and often requires notarization for validity, especially in significant transactions. It's used when one party needs to authorize another to act on their behalf while providing sworn statements about the circumstances or facts related to the authorization. The Power of Attorney Affidavit can be tailored for specific purposes such as real estate transactions, financial dealings, or general representation, and may require additional formalities when intended for international use.
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1. Declaration Header: Formal title and date of the document, including the jurisdiction (Germany)
2. Grantor Details: Full legal name, address, and identification details of the person granting the power of attorney
3. Attorney-in-Fact Details: Full legal name, address, and identification details of the person being appointed as attorney-in-fact
4. Scope of Authority: Detailed description of the powers being granted, specifically outlining what actions the attorney-in-fact can take
5. Duration: Specification of when the power of attorney becomes effective and when it terminates
6. Attestation: Formal statement confirming the truth and accuracy of the information provided
7. Execution: Signature block with date and place of signing, including space for notary authentication if required
1. Substitute Attorney Clause: Optional section allowing the attorney-in-fact to delegate powers to another person, used when such flexibility might be needed
2. Specific Transaction Details: Used when the power of attorney is for a specific transaction or purpose rather than general powers
3. Healthcare Decisions: Included when the power of attorney includes authority over medical and healthcare decisions
4. Property Management Powers: Detailed section about real estate and property management powers, included when property dealings are part of the scope
5. Banking and Financial Powers: Specific section detailing banking and financial authorities, used when financial management is included
6. Revocation Clause: Optional section specifically outlining the process for revoking the power of attorney, included for additional clarity
7. Governing Law Declaration: Explicit statement about German law governing the document, particularly important if international use is anticipated
1. Appendix A - Identification Documents: Copies of official identification documents of both grantor and attorney-in-fact
2. Appendix B - Specific Powers List: Detailed enumeration of specific powers being granted, if extensive
3. Appendix C - Property Schedule: List of properties or assets covered by the power of attorney, if applicable
4. Appendix D - Certified Translations: Official translations if the document needs to be used in non-German speaking jurisdictions
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Relevant Teams
Legal
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Risk Management
International Business
Corporate Affairs
Business Administration
Document Management
Contract Administration
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Relevant Roles
Legal Counsel
Corporate Attorney
Compliance Officer
Risk Manager
Company Secretary
Chief Legal Officer
Managing Director
Business Development Manager
Contract Manager
International Business Manager
Real Estate Manager
Estate Administrator
Power of Attorney Administrator
Legal Documentation Specialist
Notary Public
Corporate Governance Officer
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