Letter Of Authority Template for Belgium

A Letter of Authority under Belgian law is a formal legal document that enables one party (the grantor) to delegate specific powers or authority to another party (the attorney-in-fact) to act on their behalf. Governed by the Belgian Civil Code and related legislation, this document precisely outlines the scope of delegated powers, duration of authority, and any limitations or special conditions. It requires proper execution according to Belgian legal requirements, including potential notarization, and may need to comply with both domestic and EU regulations when used in cross-border situations. The document serves as crucial evidence of authorized representation in various personal, business, or legal matters.

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What is a Letter Of Authority?

Letters of Authority, also known as Powers of Attorney, are essential legal instruments under Belgian law used when one party needs to delegate decision-making or representative powers to another. These documents are commonly required in situations where the grantor cannot be physically present to handle matters, requires specialized representation, or wishes to prepare for potential future incapacity. The document must comply with Belgian Civil Code requirements and may need to address specific sectoral regulations depending on its purpose (e.g., financial, real estate, or healthcare matters). The content typically includes detailed identification of parties, precise scope of authority, duration, and any limitations. When used in an international context, consideration must be given to EU regulations and cross-border recognition requirements. The document's format and execution requirements may vary based on its intended use and whether it needs to be recognized by specific institutions or authorities.

What sections should be included in a Letter Of Authority?

1. Date and Place of Execution: Clearly states when and where the Letter of Authority is being executed

2. Grantor Details: Full legal name, address, and identification details of the person granting the authority

3. Attorney Details: Full legal name, address, and identification details of the person receiving the authority

4. Scope of Authority: Clear and specific description of the powers being granted and what the attorney can do on behalf of the grantor

5. Duration: Specific timeframe for which the authority is valid, including start date and end date or conditions for termination

6. Declaration of Sound Mind: Statement confirming the grantor is of sound mind and acting freely

7. Governing Law: Statement that the document is governed by Belgian law

8. Execution Block: Space for signatures, with proper attestation and notarization if required

What sections are optional to include in a Letter Of Authority?

1. Revocation of Previous Authorities: Include when there are previous Letters of Authority that need to be explicitly revoked

2. Substitute Attorney Clause: Include when the attorney should have the power to delegate authority to others

3. Special Powers: Include when specific powers beyond general representation are being granted, such as real estate transactions or banking matters

4. Compensation Clause: Include when the attorney is to be compensated for their services

5. Third Party Reliance: Include when the document needs to specifically address how third parties can rely on the authority

6. Digital Authorization: Include when the authority extends to digital or electronic representations

What schedules should be included in a Letter Of Authority?

1. Schedule of Specific Powers: Detailed list of specific actions or transactions the attorney is authorized to undertake

2. Schedule of Assets: List of specific assets covered by the authority when the power is limited to certain assets

3. Schedule of Excluded Powers: List of specific actions or decisions that are explicitly excluded from the attorney's authority

4. Identity Documents: Copies of identification documents of both parties as required by Belgian law

5. Translation Certificate: Official translations if the document needs to be used in multiple languages

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

Cost

Free to use

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