When you need a sworn translation of a foreign power of attorney
Foreign powers of attorney appear when an individual or entity needs to act in Spain without being physically present. We receive them for:
- Property purchases in Spain by foreign buyers. The most frequent case: a British, U.S., French, German or Dutch buyer who has found a flat on the coast or in a capital city, grants a POA in their country of origin, and the transaction closes at the Spanish notary through an agent (lawyer, agency, family member).
- Company formation and administration of Spanish companies by shareholders and directors resident outside Spain.
- Banking and financial operations (account opening, mortgage cancellations, product execution) when the account holder cannot attend personally.
- Inheritance proceedings in Spain with heirs resident abroad. The agent accepts, partitions and adjudicates the estate before the Spanish notary.
- Litigation in Spain with parties resident abroad — POAs for procuradores and lawyers.
- Administrative procedures before the Spanish Tax Agency, Social Security, traffic authorities and registries, where the foreign citizen empowers a local agent.
- Durable powers of attorney granted abroad to produce effects in case of incapacity of a principal resident in Spain.
- Corporate POAs for international corporate representation.
Form and "formal equivalence"
Spanish authorities and notaries apply the principle of formal equivalence when evaluating POAs granted abroad: the foreign document produces effects in Spain if its formal safeguards are comparable to Spanish law requirements. In practice this means:
- Grant before a competent authority of the country of origin (notary, notary public, Notar, officier ministériel, escribano, etc.). In Anglo-Saxon systems the notary public has more limited functions than a Latin notary, but their intervention is considered sufficient for Spain when paired with additional authentication.
- Unambiguous identification of the principal with full details and identity document.
- Sufficient description of the powers granted.
- Principal's signature and notarial authentication (in Anglo-Saxon systems this includes the acknowledgment with the notary public's seal).
- Apostille or consular legalisation.
Apostille and legalisation
- Hague Convention countries (EU, UK, US, Canada, Australia, Argentina, Mexico, Brazil, etc.): apostille in the country of origin on the notarial document.
- Non-signatory countries: consular legalisation.
- EU Regulation 2016/1191 does NOT apply to POAs, so even if you come from France, Italy or Germany, you still need to apostille the POA.
By country, the apostille is typically issued by:
- UK: FCDO in Milton Keynes.
- US: Secretary of State of the state where the POA was granted.
- France: territorially competent Cour d'appel.
- Germany: regional authority by Land.
- Latin American countries: ministries of foreign affairs or designated authorities.
Order of operations: grant the POA → apostille → translate (the translation includes the apostille).
Our sworn translation
For powers of attorney, our sworn translation reproduces in full:
- Identification of the principal (full name, date of birth, nationality, identification number, marital status when stated).
- Identification of the agent(s) (attorney-in-fact, apoderado).
- Granting notary or authority details (name, protocol or reference number, place and date of grant, seal).
- Powers granted in their exact wording, including sub-delegation clauses, duration, irrevocability if any, self-dealing or conflict-of-interest provisions.
- Safeguard clauses (revocation of prior POAs, substitutions, substitutions for incapacity).
- Full apostille or consular legalisation when applicable.
We preserve the formal structure of the original with headings and numbering so the Spanish notary can compare line by line.
Where Anglo-Saxon legal terminology has no direct equivalent in Spanish law (durable power of attorney, springing power, health-care power of attorney, agent vs attorney-in-fact), we add translator's notes that explain the concept faithfully without substituting it for a Spanish term that would change its meaning.
Delivery format and timing
PDF signed electronically with full validity before notaries, the Property Registry, the Commercial Registry, courts, the Tax Agency and Social Security. For in-person notarial transactions the destination notary usually accepts the PDF; if a paper copy with handwritten signature and physical seal is required, we send it by registered mail after the digital delivery.
For POAs intended for property or corporate transactions with scheduled signings, we recommend ordering with margin and/or using the urgent option to secure deadlines.
Common pitfalls to avoid
- Granting a POA too generic for a specific transaction. Spanish notaries are rigorous with the juicio de suficiencia: a "general POA for everything" sometimes does not suffice for a specific property purchase that requires explicit mention.
- Not apostilling the POA. More frequent than you'd think — some clients assume the translation alone is enough. The apostille is mandatory.
- Granting the POA with little time margin. Granting + apostille + translation can take 1-3 weeks if everything goes smoothly. If your Spanish notary signing is in 5 days, the timing is tight.
- Name discrepancies. If your passport name and the POA name don't match your Spanish NIE/DNI, we cover this with a translator's note — flag it when uploading.
- Confusing Anglo-Saxon notarized with Spanish notarial document. A declaration signed before a notary public with seal works, but some Spanish notaries are demanding on formal equivalence. For high-value transactions, coordinate drafting with the destination Spanish notary.
Spanish bodies that accept our translation
- Spanish notaries (property, corporate, inheritance, banking transactions)
- Property Registries (registration of acts based on POA)
- Commercial Registries (corporate empowerments)
- Courts (proceedings with representation)
- Tax Agency (tax representation)
- Social Security (administrative representation)
- Banks and financial institutions (POA-based transactions)
Related pages
- Sworn translation of a notarial deed — for property purchases, company formations and wills granted outside Spain.
- Sworn translation of a birth certificate — frequently accompanies POAs in inheritance procedures.
- Sworn translation of a court ruling — for procedural representation in foreign proceedings with effects in Spain.