Globalization has made commercial and legal relationships transcend borders. In this context, having efficient and internationally recognized legal instruments becomes crucial. One such tool is the power of attorney granted abroad, especially under the framework of the Inter-American Protocol of Washington.
What is the Inter-American Protocol of Washington?
The Inter-American Protocol of Washington is an international agreement under the auspices of the Organization of American States (OAS) aimed at simplifying the legalization of certain public documents. This protocol, in force since 1942, allows a power of attorney granted in a member country to be recognized and valid in another member country, provided it meets certain requirements.
Notary Certifications in the Country of Origin
The Inter-American Protocol of Washington specifies that the notary in the country of origin must certify the following:
- The identity of the grantor.
- That the grantor has the legal capacity to grant the power.
- That the grantor has read or has had the document read to them and has approved it.
- That the grantor signs or places their fingerprint on the document in their presence.
These certifications must be clearly stated in the document and be signed and sealed by the respective notary.
Requirements for a Power under the Washington Protocol
- Language: Must be written in one of the official languages of the country where it was granted or accompanied by a duly certified translation.
- Identification of the Grantor and Agent: Must contain complete identification details of both the grantor and the agent.
- Details of the Legal Act or Acts: The power must clearly specify the legal acts the agent is authorized to perform.
- Signature and Official Seal: Must bear the signature of the grantor and the seal of the competent authority of the country of origin.
- Legalization: Must be legalized by the competent authorities of the country where it was granted, following the procedure specified in the Protocol.
Benefits of Using a Power under the Protocol
- Uniformity: Facilitates the recognition and enforcement of legal documents among member countries.
- Efficiency: Reduces the time and costs associated with the legalization and authentication of documents.
- Legal Certainty: Provides a normative framework that brings security and certainty to international transactions.
How can Vega, Guerrero & Asociados help you?
Our firm, with solid experience in international litigation and corporate law, is perfectly positioned to advise you on all matters related to the drafting, authentication, and use of powers of attorney granted abroad under the Inter-American Protocol of Washington. With a team of highly qualified professionals, we can help you navigate the legal complexities of this and other international instruments.
If you need more information, please do not hesitate to contact us.
