Declaration Of Authorization for Germany

Declaration Of Authorization Template for Germany

A Declaration of Authorization under German law (Vollmacht) is a formal legal document through which one party (the principal) grants specific powers and authority to another party (the attorney or agent) to act on their behalf. This document, governed by the German Civil Code (BGB), particularly §§ 164-181, establishes the scope, limitations, and conditions of the authorized powers. It can be used for various purposes, from simple business transactions to comprehensive personal and financial matters, and may require notarization depending on its intended use and scope.

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What is a Declaration Of Authorization?

The Declaration of Authorization (Vollmacht) is a fundamental legal instrument in German law that enables one person or entity to delegate authority to another. This document is essential in situations where direct action by the principal is impossible, impractical, or undesired. It finds application in various contexts, from routine business operations to personal matters such as healthcare decisions or property management. The document must comply with German Civil Code requirements and clearly specify the scope of authority granted. Depending on its intended use, it may require specific formalities such as notarization, particularly for real estate transactions or certain business dealings. The authorization can be general or specific, temporary or permanent, and may include or exclude certain powers based on the principal's needs and intentions.

What sections should be included in a Declaration Of Authorization?

1. Title and Date: Clear identification of the document as a Declaration of Authorization (Vollmacht) with the date of execution

2. Principal Details: Full name, address, and identification details of the person granting the authorization

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

4. Scope of Authority: Clear and specific description of the powers being granted and what the attorney is authorized to do

5. Duration: Specification of when the authorization begins and, if applicable, when it ends

6. Signature Block: Space for the principal's signature, date, and any required witnessing or notarization

What sections are optional to include in a Declaration Of Authorization?

1. Substitute Authorization: Section allowing or prohibiting the attorney to delegate their powers to others - include when delegation might be necessary

2. Revocation Terms: Specific conditions under which the authorization can be revoked - include when additional clarity on termination is needed

3. Multiple Attorneys: Rules for joint or several operation when multiple attorneys are appointed - include when there are multiple representatives

4. Special Powers: Specific authorities for special transactions or decisions - include when authorization goes beyond standard powers

5. Healthcare Decisions: Specific medical and healthcare-related powers - include when authorization covers medical decisions

6. Financial Powers: Detailed financial and property-related authorities - include when authorization covers financial matters

7. Data Protection: Specific provisions regarding handling of personal data - include when sensitive data processing is involved

What schedules should be included in a Declaration Of Authorization?

1. List of Assets: Detailed list of specific assets covered by the authorization, if the power is limited to certain properties or accounts

2. Specific Transactions: List of specific transactions or matters for which the authorization is granted, if limited to particular actions

3. Identification Documents: Copies of identification documents of both principal and attorney, particularly important for bank and official matters

4. Form Requirements: Any specific forms or additional documents required by relevant authorities or institutions

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 | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Letter of Authority

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking and Financial Services

Healthcare

Real Estate

Legal Services

Insurance

Business Services

Education

Manufacturing

Retail

Public Administration

Healthcare Services

Professional Services

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Human Resources

Operations

Administration

Finance

Executive Management

Business Development

Corporate Affairs

Documentation

Relevant Roles

Legal Counsel

Corporate Secretary

Managing Director

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Compliance Officer

Risk Manager

Business Development Manager

Operations Manager

Property Manager

Healthcare Administrator

Financial Advisor

Power of Attorney Agent

Estate Manager

Business Owner

Department Head

Administrative Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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