For professional assistance & information on legal & business matters regarding Mexico and Latin America, please contact:
ATTORNEYS AT LAW
Please contact us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
TEL. US.: (800) 856-5709
Local Phone (415) 152-3648
|OUR MEXICO CITY OFFICES
Montecito no. 38 Piso 37 Oficina 37
Edificio World Trade Center
Colonia Napolis C.P. 03810
Mexico, Distrito Federal
Powers of Attorney are general or specific (special) in scope and general or specific in authority. The scope is in regard to the activities that the power of attorney foresees as possibly to be done (general vs. specific activities like signing a contract, purchasing an automobile, selling the company building). The authority is in regard to the extent of authorization that the agent will have to perform the activities he is to do.
The basic groups of authority are: acts of ownership, acts of administration, and acts of lawsuits and collection. However, by use there are at least two more specific groups that are defined today: acts of labor representation, and credit instruments and operations acts.
Where general authority is granted, then the groups are mentioned. Where specific authority is granted, then that authority is specially identified (e.g. pick up the machinery from the manufacturer in Mexico City). Where the power of attorney is general in authority and/or the activity to be performed is determined to have a value greater than $5,000.00 Pesos, the power of attorney must be executed in a Mexican Notary Public " Public Instrument" with certification by a Mexican Notary Public (see Notary Public). Otherwise the power of attorney can be given in a private instrument. It is common and customary to use the Public Instrument process in Mexico.
Where the power of attorney is to exist in a Public Instrument in Mexico, the intervening Notary Public is to insert in the Public Instrument a transcription of the article of Civil law of his state regarding the issues of general authority for agents (Mexico City is article 2554 of the Civil Code of the Federal District).