Therefore, it is important that when choosing a legal representative, the focus is on confirming the powers granted and ensuring that the selected person is a partner, collaborator and / or trustworthy contact of the owners of the company. The power of attorney granted to the legal representative must cover all common business requirements, such as: Biz Latin Hub has extensive experience in the incorporation process; If you have any questions or concerns regarding the incorporation process and/or the role of legal representative, please do not hesitate to contact us. A legal representative facilitates the purchase and sale in our country for companies that are not currently established in Spain. An example of a legal representative is an executor, a person named in a will to oversee the disposition of a deceased person`s property. If the deceased does not have a will, a court may appoint a legal representative. Someone who receives a power of attorney is another example of a legal representative. Powers of attorney can be used to make health care decisions for people who are unable to work, or to give a representative the authority to make decisions on behalf of a person who does not have the mental capacity to consent and make decisions. There are several ways for someone to become a legal representative. Since this position has responsibilities as well as powers, it is generally not imposed on anyone.
A person considered for such a position will be consulted and will have the opportunity to refuse or recommend another person. Once a person has expressed a willingness to serve in this capacity, documents can be filed to create a legal status that allows that person to act as an agent. For example, a legal representative may need to obtain the owner`s signature before selling business assets, or they may need written authorization to make bank transfers of more than $5,000 per day. This legal representative can be a natural or legal person (known as persona jurídica) and can normally perform one of the following functions: The legal representative must be appointed by a power of attorney at a notary. It is important to remember that: We believe that our parent needs legal representation to get help with financial management, personal information and health inquiries. Appointing a legal representative for a company is common for companies and the role they play can be varied, but it is important to do it correctly. Nevertheless, we have encountered cases where the legal representative acted without the prior consent of the shareholders and carried out actions such as the sale of company assets, signing contracts without authorization and / or granting funds of the company to support friends and / or family. The business advisory services offered by LEIALTA include legal and tax representation, including: Often, clients will ask us to provide a legal representative during the timely process in which a foreign employee has obtained an appropriate visa and/or has earned the trust of a local employee who will assume this role. When a legal representative is appointed or elected, the powers are usually granted by an officially notarized document (nominally in the articles of association of the company). Guardians are examples of legal representatives.
Guardians may be appointed by a child`s parents or receive their powers, for example when parents travel and establish temporary guardianship so that a friend can legally represent their child at home. In addition to monitoring the well-being of minors, legal guardians may also supervise persons who frequently have cognitive and/or intellectual disabilities and who, in the opinion of the law, are unable to manage their own affairs. To be appointed as a legal representative, the person must be a local or foreigner with the legal right to live and work in the country. In doing so, the individual assumes certain personal legal responsibilities and is therefore a position that is not taken lightly. For example, if a company does not pay all relevant corporate taxes and/or does not act in good faith, local authorities may take legal action directly against the company and the legal representative. As mentioned above, it is sometimes mandatory to have a legal representative, in other cases it is not. However, using the service of a legal representative for your company has the following advantages: As mentioned at the beginning of this article, the legal representative appointed for your company in Spain can be a legal entity such as a company or a commercial company. In that case, a person should be appointed as the representative of that legal person in accordance with Article 143 of the Spanish Commercial Register Regulation and Article 212a of Spanish company law. A fundamental element of the founding process and a reason for the importance of consulting legal experts to define the power and control conferred on the legal representative.
Thinking about starting a business in Spain but don`t really know where to start? Have you heard about the role of a legal representative? Read on to find out what they do and how they can help you. It is essential to ensure that the powers conferred on the legal representative are sufficient to enable him to perform the professional functions required of him and, on the other hand, that they are appropriately limited to minimise the risk. With our legal representation and tax representation service, you can be sure that you will be able to comply with Spanish legal requirements and become operational in Spain as soon as possible. If you are looking for legal representation in the form of a power of attorney, make sure you understand what they are going to do and how long their powers will last. A legal representative is a person authorized to act on behalf of another person. He protects the interests of his clients and is responsible for making decisions when his protégés are unable to do so. Although a person in this position is sometimes a lawyer, this is not necessary, although a lawyer is necessary to determine a person`s status as a legal representative. “Legal Representative”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/legal%20representative. Retrieved 6 January 2022.
Legal representatives have the task of putting the well-being of their protégés first. They must make decisions in line with the wishes expressed by the people they represent, while balancing legal and ethical issues. If they do not represent someone with due diligence, a court can revoke the representation and appoint a person better suited to the case.
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