Consulado de Carrera de México en Frankfurt

Power of Attorney for Individuals

When a person residing or visiting temporarily in Germany needs to carry out a legal action in Mexico, they can do so through a representative by granting a power of attorney for that purpose (Article 85 of the Regulations of the SEM Law).

Mexican civil legislation establishes that the power of attorney is the instrument through which a person, called the "attorney" or "agent", is obligated to perform legal acts on behalf of another person, either an individual or a legal entity, called the "principal." The power of attorney is granted in a public deed, and this document is commonly referred to as a notarial power of attorney. Powers of attorney are classified as general or special.

General Power of Attorney

 General powers of attorney can be used for an unlimited number of actions, allowing the attorney to perform multiple tasks on behalf of the principal as long as they do not expire, are revoked, or one of the parties passes away. According to Article 2554 of the Mexican Civil Code, general powers of attorney are of three types:

• General Power of Attorney for Lawsuits and Collections: This type allows the attorney to represent the principal in lawsuits and collect debts on their behalf.
• General Power of Attorney for Acts of Administration: This power enables the attorney to manage the principal's property and interests.
• General Power of Attorney for Acts of Ownership: This power enables the attorney to buy, sell, mortgage, or donate property on behalf of the principal.

Note: General powers of attorney can encompass all three types or any combination of them and can be limited in scope with respect to the authority granted.

Special Power of Attorney

A special power of attorney is granted to represent the principal in one or more specific matters, and it automatically expires once the task or act outlined in the contract is completed or executed. This type of power of attorney provides greater security to the principal, as it specifically limits the actions of the attorney (Article 2553 of the Mexican Civil Code).

Note: In this case, the matter for which the power is granted must be described, i.e., the purpose for which the document will be used, such as the purchase or sale of real estate, conducting proceedings before a court, tribunal, or administrative authority, withdrawing money from a bank account, obtaining a mortgage loan, and so on.

Requirements

• Fully completed application form. Download it HERE.

Note: If you are married under the marital property regime and intend to grant a power of attorney for acts of dominion or administration, both spouses must complete the application form and appear personally on the day of the appointment to sign the public deed. If this is not possible, the power of attorney will include the statement: "In accordance with Article 172 of the Civil Code for the Federal District, marital authorization may be required for the execution of the power."

• Passport(s) of the principal(s).

• Marriage certificate, if the principal's marital status is married under the property separation regime and they wish to grant a general power of attorney for acts of administration and/or acts of dominion.

• If you have the text suggested by your lawyer, please include it with your application.

Procedure

Once you have gathered all the required documentation, please send the scanned documents in PDF format by email to: This email address is being protected from spambots. You need JavaScript enabled to view it.. Once the complete documentation has been received and verified, you will receive an acknowledgment of receipt and a draft of the power of attorney will be prepared. This draft will be sent to you for review. Once you approve the document, the Consulate will contact you to schedule the date and time for signing the deed.

On the day of the appointment, the following will take place:

• Appearance of the principal(s); if applicable, the appearance of the interpreter with their identification.
• Presentation of all original documents previously sent by email.
• Payment of consular fees in cash on the day of the appointment at the Consulate. See consular fees.

Relevant Information:

-In accordance with Article 107 of the Notary Law for Mexico City, individuals who do not speak Spanish or who declare to the head of the consular representation acting as a notary public that their knowledge of the language is not sufficient to understand their legal obligations, must be assisted by an interpreter appointed by them.

-If a person appears on behalf of another individual, they must present a notarized document granting them authority to perform the intended act. This document, issued by a local notary public, must be accompanied by its translation into Spanish, carried out by a certified translator.