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Procuration Letter for the Netherlands

Procuration Letter Template for Netherlands

A Procuration Letter under Dutch law (volmacht) is a formal legal document that authorizes one party (the attorney-in-fact) to act on behalf of another party (the grantor). Governed by the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 3 and 7, this document specifies the scope of delegated authority, which can range from specific transactions to general representation rights. The document must comply with Dutch legal requirements and can be used for both personal and business matters, with additional formalities required for certain types of transactions or when intended for international use.

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What is a Procuration Letter?

The Procuration Letter is a crucial legal instrument in Dutch business and personal affairs, used when formal delegation of authority is required. This document, governed by Dutch law, particularly the Civil Code (Burgerlijk Wetboek), enables one party to authorize another to act on their behalf. Common applications include business transactions, property dealings, administrative procedures, and personal matters. The Procuration Letter must clearly specify the scope of authority, duration, and any limitations on the powers granted. For business-related procurations, registration with the Dutch Chamber of Commerce (KvK) may be required. The document can be general or specific in nature and may require notarization depending on its intended use and the type of powers being granted.

What sections should be included in a Procuration Letter?

1. Place and Date: Location and date of execution of the procuration

2. Grantor Details: Full legal name, address, and identification details of the person/entity granting the power of attorney

3. Attorney-in-Fact Details: Full legal name, address, and identification details of the person/entity being granted the power of attorney

4. Scope of Authority: Clear and specific description of the powers being granted and actions the attorney-in-fact is authorized to perform

5. Duration: Period for which the power of attorney is valid, including start date and end date if applicable

6. Signature Block: Space for grantor's signature, witness signatures if required, and any necessary notarization

What sections are optional to include in a Procuration Letter?

1. Substitute Attorney Clause: Used when the attorney-in-fact should have the power to delegate authority to others

2. Revocation of Previous Powers: Include when this power of attorney supersedes previous authorizations

3. International Usage Declaration: Include when the power of attorney will be used internationally, with specific language meeting Hague Convention requirements

4. Specific Limitations: Include when there are specific restrictions or conditions on the exercise of the granted powers

5. Compensation Clause: Include when the attorney-in-fact is to receive compensation for their services

6. Governing Law Declaration: Include for international use or when specific jurisdiction needs to be emphasized

7. Language Declaration: Include when document is bilingual or will be used in multiple jurisdictions

What schedules should be included in a Procuration Letter?

1. List of Authorized Activities: Detailed enumeration of specific actions and transactions the attorney-in-fact is authorized to perform

2. Asset Schedule: Detailed list of specific assets covered by the power of attorney when authority is limited to certain assets

3. Required Forms of Signature: Examples or specifications of how the attorney-in-fact should sign documents

4. Certified Translations: Official translations if the power of attorney will be used in non-Dutch speaking jurisdictions

5. Identification Documents: Copies of identification documents of both grantor and attorney-in-fact

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

Netherlands

Publisher

Genie AI

Document Type

Authorization Form

Cost

Free to use

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