Authorised Representative Letter Template for Germany

An Authorised Representative Letter, known as Vollmacht in German law, is a formal legal document that grants specific powers to another person or entity to act on your behalf. Under the German Civil Code (Bürgerliches Gesetzbuch - BGB), this document creates a legally binding agency relationship that allows your representative to perform designated actions with the same legal effect as if you had performed them yourself.

When do you need this document?

You need an Authorised Representative Letter in numerous business and personal situations where direct action is impractical or impossible. Common scenarios include appointing someone to handle bank transactions while you're abroad, authorizing a business partner to sign contracts during your absence, or designating a representative for regulatory filings with German authorities. The document is particularly crucial for international businesses operating in Germany, where local representation may be required for compliance purposes. Corporate entities frequently use this authorization for subsidiary management, tax matters, or when establishing commercial relationships that require local presence.

Key legal considerations

The scope of authority must be clearly defined to prevent unauthorized actions and potential legal disputes. Under BGB §§ 164-181, the representative's powers are limited strictly to what is explicitly granted in the document, making precise language essential. You should specify whether the authorization covers general business matters or is restricted to specific transactions, and include any monetary limits or prohibited actions. The document should clearly state the duration of the authorization and conditions for revocation. For commercial matters, consider whether the authorization qualifies as Prokura under the German Commercial Code (HGB), which grants broader commercial powers but requires registration in the commercial register.

Legal requirements in Germany

German law imposes specific formal requirements depending on the nature and scope of the authorization. For most standard authorizations, written form suffices under BGB § 126, but certain transactions may require notarization or authentication. If the authorization involves real estate transactions, court proceedings, or significant corporate matters, notarial certification is typically mandatory. The document must be in German or accompanied by a certified translation for official use. For corporate principals, the authorization must be signed by authorized company representatives according to the entity's articles of incorporation. When the representative will act before German authorities or courts, additional authentication requirements may apply, including apostille certification for foreign-issued documents.