The Power of Attorney Affidavit is an essential legal instrument in Dutch business and personal affairs, commonly used when formal authorization for representation is required with an additional layer of sworn testimony. This document is particularly crucial in situations requiring clear evidence of authority delegation, such as international business transactions, real estate dealings, or when managing affairs for individuals unable to act for themselves. The document must comply with Dutch Civil Code requirements and typically requires notarial execution. It combines the binding nature of a power of attorney with the solemnity of an affidavit, making it especially useful in situations where the authority granted needs to be clearly evidenced or may be scrutinized by third parties. This format is often preferred in the Netherlands when the power of attorney needs to be used in formal or high-stakes situations, or when it may need to be recognized in international contexts.
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1. Opening Statement: Formal opening declaring this as an affidavit and power of attorney, including date and location
2. Parties: Identification of the Principal (grantor) and Attorney-in-fact (grantee), including full legal names, addresses, and identification numbers
3. Background: Context for granting the power of attorney, including the relationship between parties if relevant
4. Definitions: Key terms used throughout the document, including scope of authority terms
5. Grant of Authority: Express statement granting power of attorney and general scope of authority
6. Powers Conferred: Detailed enumeration of specific powers being granted to the attorney-in-fact
7. Duration: Term of the power of attorney, including start date and any expiration conditions
8. Governing Law: Statement confirming Dutch law as governing law and jurisdiction
9. Execution: Signature block with formal requirements for Dutch notarial validation
1. Revocation Clause: Include when the power of attorney needs to be irrevocable or specify conditions for revocation
2. Substitute Attorney Clause: Include when the attorney-in-fact should have power to delegate authority to others
3. Healthcare Decisions: Include when medical decision-making powers are being granted
4. Real Estate Powers: Include when authority over real estate transactions is being granted
5. Financial Powers: Include when specific financial or banking powers are being granted
6. Compensation Clause: Include when the attorney-in-fact is to receive compensation for their services
7. Liability Limitations: Include when specific limitations on the attorney-in-fact's liability need to be established
1. Schedule A - Identification Documents: Copies of identification documents of both principal and attorney-in-fact
2. Schedule B - Specific Powers: Detailed list of specific powers and authorities being granted
3. Schedule C - Property Schedule: List of specific properties or assets covered by the power of attorney, if applicable
4. Schedule D - Certificate of Translation: If document is used internationally, certified translation into required languages
5. Appendix 1 - Witness Statements: Statements from witnesses confirming the principal's capacity and voluntary execution
6. Appendix 2 - Medical Capacity Certificate: If required, medical professional's certification of principal's mental capacity
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