When a person is abroad and has to execute a legal act or business matter in Mexico, she or he must give legal authority to another person with residence there, through a notary instrument called power of attorney, in order that the latter make those acts. A power of attorney can be general or special to one specified act or type of act.
A general power of attorney can be classified under the following types:
- General Power of Attorney (known as General Power for Litigation and Aggressive Collection, Management and Ownership Acts)
- General Power for Litigation and Aggressive Collection
- General Power for Management Acts
- General Power for Ownership Acts
- Specific or Limited Power
The General Power authorises the agent to act on behalf of the principal in an indefinite series of acts while the power is not revoked or any of the parties died. Notwithstanding this kind of power can have a limited scope as to the authority granted to the agent.
The Specific Power is granted for an specific or determined acts and expires once that those acts are concluded. The Specific Power provide a higher security for the grantor that the General Power.
If the person granting the Power of Attorney does not speak Spanish, they should bring an interpreter. A list can be found in the following link: https://consulmex2.sre.gob.mx/reinounido/index.php/es/contenido/181-directorio-asistencia-proteccion.
1.- Fill up a Power of Attorney application.
2.- Passport photocopies of the pages where the personal details and holder's photograph are found
3.- Payment of consular fees made in cash, postal orders or company’s cheque, payable to the Mexican Consulate. No personal cheques are accepted
If one person represents a legal entity, she or he must present in full, duly notarised, apostilled and translated into Spanish by an official translator or in a official/legal manner, the following documents:
- Memorandum and articles of association of the company
- Certificate of Incorporation
- Certificates of change of name of the Company, if applicable
- Certificate of good standing issue by the Companies House, containing the director’s names and details such as date of birth or nationality; secretaries’ names, registered office address, issued share capital, shareholders, the company’s objects
- Minutes of the meeting where it was resolved to confer the power of attorney, if applicable
- Minutes of resolution
Documents issued out of the United Kingdom and Mexico must be legalised by the competent Mexican Consulate or apostilled by competent authority of the country where the documents are issued. In case they are not in Spanish, a translation into this language is required.