Powers of attorney
Notarised bank power of attorney
(German-English template)
Last updated: June 23, 2024
Governing law: Germany
This German-English docx template for a bank power of attorney is intended for notarisation and contains certain restrictions that serve to protect the principal.
These protection mechanisms are:
Joint authorisation: Two authorised representatives are appointed who can only act jointly.
Exclusion of certain banking transactions: Certain banking transactions are excluded from the scope of the power of attorney, namely the opening of new accounts, the conclusion of loan agreements and speculative transactions, the ordering of collateral and the application for bank cards and credit cards.
Self-dealing: No exemption from the restrictions on self-dealing (Section 181 BGB) is granted.
Possession of the personalised copy mandatory: The power of attorney can only be used if the authorised representatives can present the notarised copy issued to them personally. This means that the principal can effectively revoke the power of attorney by having the copies returned by the authorised persons.
On the other hand, it is provided that the power of attorney is "transmortal", i.e. it authorises beyond the death of the principal. This can be useful for organising necessary banking transactions for the deceased until the heirs are able to act.
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