Procuration Authentique À Distance Template for France

A Procuration Authentique À Distance is a remote notarial power of attorney that allows you to grant legal authority to another person (mandataire) to act on your behalf in specific legal matters. Under French law, this document carries the same legal weight as a traditional notarial procuration but is established through secure videoconference technology, making it accessible when physical presence at the notary's office is not possible.

When do you need this document?

You typically need a Procuration Authentique À Distance when you cannot physically attend important legal proceedings or transactions but need someone to represent your interests. This situation commonly arises during property sales or purchases where you're abroad, during corporate legal matters when key stakeholders are unavailable, or when health circumstances prevent your physical presence at the notary's office. The remote nature makes it particularly valuable for French expatriates, international business transactions, or during circumstances that restrict travel and movement.

Key legal considerations

The document must clearly define the scope of powers granted to your mandataire, including specific limitations and duration of the mandate. Critical clauses include the precise identification of both mandant and mandataire, detailed description of authorized actions, and any restrictions on the mandataire's authority. You must ensure the mandataire understands their fiduciary responsibilities and potential personal liability. The procuration should specify whether it's general or special, revocable or irrevocable, and include provisions for accountability and reporting. Consider including safeguards such as requiring co-signatures for significant transactions or limiting the mandate to specific time periods.

Legal requirements in France

Under Loi n° 2020-1317 du 29 octobre 2020, the remote procuration must be established through qualified videoconference technology that ensures secure identification of parties. The notary must verify the identity of all parties using electronic identification methods compliant with eIDAS regulation. You must have a reliable internet connection and compatible device for the videoconference session. The document must comply with Article 1984 of the Code Civil regarding mandate definition and Article 1317 concerning authentic acts. The notary will maintain digital records and provide electronic copies with the same probative force as physical documents. Both parties must consent to the remote procedure, and the notary must ensure no duress or undue influence affects the mandate creation.