Power of Attorney in France

Updated on Saturday 17th December 2022

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The power of attorney in France, also known as “procuration” is a legal document that must be signed in front of a notary. This document implies a person called a grantor who enables another person, called an agent or an attorney-in-fact to execute various types of actions in his/her name. Our law firm in France can provide assistance if you need to draw up a power of attorney in France.

What does a French power of attorney contain?

In France, the power of attorney can be granted by the principal to the agent for various legal purposes. The document must specify the activities the agent is allowed to carry out in the name of the principal. This is only valid if the agent has received the consent of the principal. Here are other important details:

The agent must present the power of attorney whenever necessary in order to define specific action on behalf of a person.
A French power of attorney must observe all the demands stated in the French Civil Code.
The document must be dated and include the names of the individuals.
Powers of attorney without a date of execution are null.
The grantor can revoke this document at any time if he/she wishes so and the power of attorney can also be issued only for a limited amount of time.

Our French lawyers can advise you regarding the legal provisions for using and issuing a power of attorney. The person entrusted with such a document must always be a trustworthy individual.

The grantor and the agent when issuing a French power of attorney

As mentioned above, the grantor is the person requesting the issuance of the power of attorney on behalf of the agent who is the person in charge of varied actions.

The French legislation says that a power of attorney can be granted by persons who are at least 18 years old and who have full mental capacity. When it comes to the agent representing the donor, this can be any trusted person by the grantor, including a French lawyer. The responsibilities of the agent are limited to the content of the power of attorney.

The power of attorney needs to be drafted and notarized by a public notary in order to be valid. The grantor can revoke the power of attorney at any time he or she considers it is no longer needed.

If you would like to buy a house in France, our local specialists are at your disposal with legal advice and representation. We can verify the documents of the property you want to buy and also draft the sale-purchase agreement. Such a document contains information about the former owners and future buyers, the established sale price, and also the description of the property. We can represent customers with a power of attorney if they cannot travel to France for such real estate transactions.

What is the power of attorney used for in France?

A power of attorney in France can be used whenever a person must delegate another individual to act on his/her behalf. They can be employed by individuals as well as businessmen or company owners. A power of attorney in France can be used for:

business transactions;
paying taxes;
receiving official documents;
operating bank accounts;
signing contracts or other documents.

Issuing a power of attorney for opening a company in France

A power of attorney can be used for various purposes in France. This document can be used by foreign investors who want to open companies. It is rather usual for foreign entrepreneurs to partially or totally delegate the procedure of registering a business with the French authorities to a lawyer or a specialized agent.

The investors can decide on the matters he or she needs representation for and then issue the power of attorney. Our French lawyers who are specialized in offering business registration solutions have represented many categories of investors through powers of attorney in France:

registration of the company with the Companies Register in France;
registration of the business with the tax authorities in France;
the procedure related to opening the corporate bank account;
applying for specific business licenses with the local municipality.

Once you grant us the power of attorney, we can immediately start the procedure of opening the business which implies drafting and notarizing the company’s Articles of Association. By using a power of attorney, you will not be required to travel to France during the initial phase of the registration procedure.

The power of attorney in real estate transactions in France

Another common use for the power of attorney is when selling or buying real estate property in France. Foreign citizens or companies interested in acquiring a residential or commercial property can issue a power of attorney in order to have a French legal representative.

Our law firm in France can handle the real estate due diligence procedure first and then handle the negotiations and the sale or purchase transaction on the behalf of the client.

How can I issue a power of attorney in France if I am abroad?

Most of the times the powers of attorney are issued by foreign citizens who want to complete various actions in France. They can send us the foreign document which will be translated into French and then notarized. We can also handle the drafting and notarization directly in order to save time.

Types of power of attorney in France

The types of power of attorney that can be used in France are:

ordinary: granted depending on the purpose of the representation, according to the needs of the donor;
protective: used by individuals who want to appoint one or more representatives who will defend their interests when they will no longer be able to do so;
posthumous: mainly used by business owners; it comes into force on the day the ordinary power of attorney expires;
lasting power of attorney which is usually created as a protective measure in case the donor loses their mental capacity.

Out of all types of French powers of attorney, the ordinary and the lasting power of attorney are the most employed. The ordinary power of attorney is used for actions which need immediate and short-term actions. The lasting power of attorney is used for guardianship purposes and representation before the French courts in specific cases in which the grantor has lost their mental capacity.

It is advisable to seek the help of a professional when drawing up a power of attorney in France. Depending on the rights granted to the representative, this document may or may not be used for general purposes.

A power of attorney for bank services

Certain banking services can be solved with the help of a power of attorney in France. Closing an account, repaying a loan, or opening a bank account are some of these services. The procedure is simple, the authorized person will present himself with power of attorney at the respective bank. The bank is the one that accepts or not this type of transaction, with the help of power of attorney in France.

If you are interested in banking services, you can call our French lawyers. You do not need to travel to France because we will take care of all the legal issues involved.

Representation for buying a house

Another utility of the power attorney in France involves real estate transactions. Basically, if you want to sell or buy a home, but you don't have the availability, a lawyer or a trusted person can help you. Power of attorney in France is necessary to empower a person to represent your interests. Thus, the real estate transactions will take place under normal legal conditions. The pre-contract and the sale-purchase contract can be signed by our lawyers if you empower them with a power of attorney in France. Talk more with our experts in the field.

Power of attorney for tax registration

If you have already authorized us to open a company in France, we can also help you with registration for the payment of taxes. We are in continuous collaboration with state financial institutions, so you can count on our legal support. We will need company documents in order to register for taxes. Then you can start the company's activities as soon as possible.

Signing civil contracts

With a power of attorney in France, we can sign various civil contracts. If you are unable to come forward to sign such a document, we can legally assist you. For example, we can sign leases or contract services. Please note that you do not have to travel to France for these procedures. Our French lawyers can handle all the formalities related to civil contracts.

Business transactions in France

If your business is busy all the time and you can't sign certain transactions, you can empower someone you trust. A business partner with availability and even an experienced lawyer can help you in this endeavor. Our experts have often dealt with business transactions in France and can represent the interests of business people.

So, if you want to conclude a business transaction, we can help you with the power of attorney in France.

Selling a car with the power of attorney

Those who are interested in selling a car and who cannot travel for certain reasons can do so with power of attorney. This document empowers someone you trust to handle your transactions. The formalities are simple, and one of our lawyers can explain more.

France, a great business destination

France is one of the most popular business destinations in the world. The multitude of business opportunities, the stable climate, the optimal conditions for development are some of the country's strengths. The following statistics show the economic direction of France:

Over USD 968 million was the total FDI in France in 2020.
The 2020 Doing Business report ranked France 32nd out of 190 world economies in terms of business climate and conditions.
Over 50% of foreign investment in France comes from Switzerland, the Netherlands, and the UK.

Please contact our law firm in France for more information about the power of attorney. We can also help foreign investors who want to open companies in France with tailored legal services.