Proxies carried out abroad relate to unusual situations, of special importance for principals, therefore, also the form in which they are drawn up usually takes the form of a special authorization. Consequently, a general clause applies to the distance powers of attorney, which states that a power of attorney in the form of a notarial deed or another special form may be made only if it is in the interest of the state or a Polish citizen and will have legal consequences. on the territory of Poland. Despite the existing restrictions, obtaining authorization for a lawyer in Poland while at the same time being abroad is perfectly possible. This is inter alia the provisions of the consular law and the code of administrative procedure. The only action to be taken in this respect is the granting of a written power of attorney of the person chosen by us providing legal services. Usually, in this case, we use the proxy form sent by the law office, which services we intend to use. In order to certify the signature, it is best to go to a Polish consular office located in the territory of the state of which we are a citizen. The consul performs notarial acts on the basis of art. 19 par. 1 of the Act of 13 February 1984 on the functions of consuls of the Republic of Poland. However, this action does not belong to its exclusive competence and is conditioned by obtaining authorization from the Minister of Justice issued at the request of the Minister of Foreign Affairs. If for various reasons we can not do this at the Polish consulate, it is possible to certify the signature by a notary or another person authorized to authenticate the signatures in a given country. However, it should be remembered that the power of attorney received in this way does not have direct legal effects on the territory of the Republic of Poland. In this case, it is necessary to provide it with an apostille clause, which constitutes the confirmation of a document drawn up in one country, thus allowing its subsequent effective use in another country. The principles of using the apostilla’s institution are regulated by the Hague Convention of October 5, 1961, abolishing the requirement to legalize foreign official documents. Certification is performed by the appropriate state body, the most often delegated for this purpose are the relevant departments of the Ministry of Foreign Affairs. The apostle’s editorial form is indicated by the formula attached to the convention, and the clause itself is given as an annotation on the document or a separate document attached to it. The last stage of the procedure for granting such a power of attorney is to translate it from the official language of the country where it was drawn up into Polish. Due to the fact that it is an official document, it is not possible to submit its content to self-translation, so the requirement is to use the service of a sworn translator. In case of any doubts, the office staff will be happy to answer your questions and provide you with information on where to go to get all formalities in this area.
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