According to Mexican Law, the Officer in charge of a Consular Office may act as a Notary Public, certifying the legal acts executed before him, such as Powers of Attorney and Wills. The Mexican Officer is fully authorized to make those legal acts effective in Mexico. The Consul will also explain the provisions of the documents granted.
This act does not need to be translated, legalized or authenticated, as it is executed before a Mexican authority in accordance with Mexican law and in Spanish.
Powers of Attorney
a) General Power
This document applies to an indefinite series of legal acts and it doesn’t expire unless it gets specifically cancelled through a “Revocation”, the grantor or guardian dies or the act it refers to is executed (for example, in the case of divorce). The different kinds of General Powers of Attorney are:
- General Power for lawsuits and collections. To represent the grantor in legal processes and collections.
- Power of attorney for acts of administration. To manage assets and interests.
- General Power for acts of ownership. In order to buy, mortgage, donate or sell assets property of the grantor.
- General Power for lawsuits and collections, administrative acts and acts of ownership. To perform all previous activities.
b) Special Power
This document is drafted to be applied in one or more specific issued determined by the grantor and expires once the matter or matters it was provided for are concluded.
This type of power provides the greatest level of security to the grantor, since the grantee can not intervene in matters other than those specifically outlined in the document.
The applicant must provide the following:
- Proof of citizenship (valid passport, original birth certificate or original certificate of naturalization).
- Official photo identification card (driver's license, provincial identification, landed immigrant certificate, etc.).
- The information of the agent to be granted power of attorney (first, middle and last name and place of residence).
- Information regarding the objective of the power of attorney requested (incorporating a company, selling property, defense of interest before Mexican courts, etc.).
- In the case of non-Spanish speakers, it is necessary to be assisted by an interpreter. An official one is recommended. This person needs to present his/her photo identification.
- Demonstrate your marital status, whether marriage or death certificate of spouse, as applicable.
- Consular fee. Must be paid, in Canadian funds in cash, money order or certified check.
When a married person under the marital property regime wants to grant a general or special power including acts of ownership, his/her spouse must grant the power of attorney as well. If this is not possible, the power of attorney won’t have legal effects until the other spouse gives proper authorization.
On behalf of a Company or Corporation
A corporation executing a Power of Attorney before the Embassy or Consulate of Mexico, acting as a Notary Public should submit:
- Original or certified true copy of the Certificate of Incorporation or equivalent, issued by the corresponding Province. If the company is registered outside our jurisdiction, the Embassy or Consulate of Mexico within such jurisdiction should legalize such document.
- Original or certified copy of the Articles of Incorporation stating the main activities of the company, if not stated in the Certificate of Incorporation.
- Original or certified copy of Certificate of Good Standing issued by the province where the company has its business.
- Copy of its By-Laws indicating its objectives, authority of members of the board, including granting powers of attorney, how often elected, etc., certified by the Secretariat of the board, under the corporation seal.
- Copy of minutes of last meeting of stockholders or of the board, where members were elected , certified by the secretary of the board, under the corporation seal.
- Copy of the resolution of the board to appoint its representative to execute, on it s behalf, a power of attorney, mentioning the terms and limitations, certified by the secretary of the board, under the corporation seal.
All documents must be translated into Spanish by an official translator.
The documents mentioned in 4, 5, and 6 should be certified before a notary public. All documents must be legalized by the Embassy or Consulate of Mexico.
The appointed officer will make arrangements to submit the above mentioned documents, as well as:
- Fill out the application form clearly.
- Draft of the Power of Attorney to be executed.
- Identification (valid passport or birth certificate with an ID.) of the person acting on behalf of the company.
- Consular fee Must be paid, in Canadian funds in cash, money order or certified check.
In the case of a foreign legal entity (Canadian), you must submit the original documents listed in the following links, local public notarized and translated into Spanish by a licensed translator, according to where it is established the Canadian company:
- Ontario and Manitoba (Consulate General of Mexico in Toronto)
- Quebec, Newfoundland, Labrador, New Brunswick, Nova Scotia, Prince Edward Island and Nunavut (Consulate General of Mexico in Montreal)
- British Columbia, Yukon and Northwest Territories (Consulate General of Mexico in Vancouver)
- Alberta and Saskatchewan (Consulate of Mexico in Calgary)