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Power Of Attorney Confirmation Letter Template for Germany

A Power of Attorney Confirmation Letter governed by German law (Vollmachtsbestätigung) is a formal document that confirms the existence, validity, and continuing effect of a previously granted power of attorney. This document, structured under German legal requirements, particularly sections 164-181 of the German Civil Code (BGB), serves as official verification of the attorney-in-fact's authority to act on behalf of the grantor. It provides third parties with assurance about the scope and validity of the representative's powers, helping facilitate business transactions and legal proceedings where the original power of attorney needs to be verified or reconfirmed.

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What is a Power Of Attorney Confirmation Letter?

The Power of Attorney Confirmation Letter is a critical document used in situations where third parties require formal verification of an attorney-in-fact's authority under German law. This document becomes necessary when the original power of attorney's authenticity needs to be reconfirmed, when dealing with sensitive transactions, or when third parties require recent confirmation of the continuing validity of the power of attorney. The letter, governed by German legal principles, particularly the BGB (German Civil Code), includes essential details such as the identity of the grantor and attorney-in-fact, the scope of authority, reference to the original power of attorney, and explicit confirmation of its current validity. It's particularly important in business transactions, legal proceedings, and situations where significant decisions or transactions need to be executed through a representative.

What sections should be included in a Power Of Attorney Confirmation Letter?

1. Letter Header: Full name and address of the confirming party (grantor), date, and reference number if applicable

2. Recipient Details: Full name and address of the recipient(s) to whom the confirmation is addressed

3. Subject Line: Clear indication that this is a Power of Attorney Confirmation Letter (Vollmachtsbestätigung)

4. Reference to Original Power: Details of the original power of attorney including date of execution and parties involved

5. Confirmation Statement: Express confirmation that the power of attorney was validly granted and remains in full force and effect

6. Scope Confirmation: Clear statement of the specific powers that are being confirmed as granted

7. Duration Statement: Confirmation of the validity period of the power of attorney

8. Execution Block: Place for date, signature, and name of the confirming party

What sections are optional to include in a Power Of Attorney Confirmation Letter?

1. Multiple Attorney Declaration: Required when confirming powers granted to multiple attorneys, specifying whether they can act jointly or severally

2. Limitation Statement: Needed when there are specific limitations or conditions on the power of attorney that need to be confirmed

3. International Recognition: Required for international use, including any apostille or legalization requirements

4. Revocation Rights: Optional statement regarding the grantor's right to revoke the power of attorney

5. Substitute Authority: Required when confirming the attorney's right to appoint substitutes

6. Governing Law Statement: Needed for international cases to confirm German law governs the power of attorney

What schedules should be included in a Power Of Attorney Confirmation Letter?

1. Original Power of Attorney: Copy of the original power of attorney document being confirmed

2. Scope of Powers: Detailed list of specific powers granted, if too extensive to include in main letter

3. Identity Documents: Copies of identification documents of the grantor and/or attorney if required for verification

4. Corporate Authorization: If grantor is a company, evidence of authority of the person signing the confirmation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use

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