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27 Aug 2008 12:00 AM by mavep Star rating. 11 forum posts Send private message

Hi

We have recently received the document below to sign over POA to Aldea to enable them to execute our one and only BG.  Can anyone tell us if they resemble any of your POA documents?  We expected to see one person's name and not a whole group but maybe it's the same on all these documents?  It is through Aldea, and I know most of your thoughts about this company, but stupidly we paid up front for their services.  Any comments would be appreciated.  We have got a local UK notary checking it for us but thought we would ask on the forum as well.  It seems to us that we may be signing a document that gives them total power in any decision making and yet we were assured by an independent spanish solicitor that POA only gives them the power to sign on something you have agreed to in the first instance.

Regards

Mave & John

 

  

SPECIAL POWER OF ATTORNEY FOR LITIGATION

 NUMBER

In ……………., my place of residence, this __th day of _______, two thousand and eight.

 

Before me, ________________,Public Notary,  with residence in __________. 

==== A P P E A R E D ====

The spouses married under the British Law MR JOHN   , holder of current passport number  and MRS. MAVE, holder of current passport number  . Both of full legal age, British citizens, and residing at. United Kingdom --------------------------------------------------------------------------

THEY  ARE  TAKING PART HEREIN

In their own name and right.     

I identify them by means of the aforementioned identity document and they have, in my opinion, the necessary legal capacity to execute this SPECIAL POWER OF ATTORNEY FOR LITIGATION, and for such purposes he hereby:         

             E X E C U T E S

They  confer a power of attorney, to act JOINTLY AND SEVERALLY, in favour of the following:  

LAWYERS OF THE COURTS 

The powers conferred to the aforementioned practitioners are interpreted without prejudice to the legal possibilities to act through their Authorised Officers.

=== Solicitors ===

OF THE BAR ASSOCIATION OF MURCIA:

Mrs CARMEN MARÍA GUTIERREZ MARCOS, Mrs ROCIO COMUÑAS DÍAZ, Miss ENCARNACIÓN LARIOS MARTÍN, Mr  FERNANDO CAMBRONERO CANOVAS, Mr JAVIER SANMARTIN VERGEL and Mr JAVIER ESPADERO SOLANO

The later, insofar as it is possible to exercise the powers described below, and for all those acts in which the presence of a Lawyer of the Courts is not necessary. Without prejudice to, in any case, the express possibility of substitution or delegation of faculties in favour of one or more Lawyers of the Courts, that is hereinafter specially conferred.

And in favour of the following “procuradores”:

DE ALMERÍA: DOÑA ISABEL FERNÁNDEZ VALERO, DON SALVADOR MARTÍN GARCÍA, DOÑA MARTA DÍAZ MARTÍNEZ Y DOÑA ELOISA ALABARCE SÁNCHEZ.

DE VERA: DON PASCUAL SÁNCHEZ LARIOS Y DON JUAN MARTÍNEZ RUIZ. 

DE HUERCAL-OVERA: DOÑA ISABEL MARÍA MALDONADO LÓPEZ, DON JOSE LUIS VÁZQUEZ GUZMÁN Y DON SALVADOR BLESA MERCANDO.        

DE VÉLEZ-RUBIO: DON JOSE LUIS VÁZQUEZ GUZMÁN Y DOÑA MERCEDES DEL AGUILA HERNÁNDEZ.-------------------------------------------------

PURCHENA: DON JOSE JUAN MARTINEZ CASTILLO Y DON JOSE LUIS VÁZQUEZ GUZMÁ.---------------------------------------------------------------------

DE ROQUETAS DE MAR: DOÑA PATRICIA DÍAZ MARTÍNEZ.        

DE EL EJIDO: DON  JOSÉ ROMÁN BONILLA RUBIO.    

DE BERJA: DOÑA ROSALÍA FILOMENA RUIZ FORNIELES.

DE GRANADA: DOÑA MARÍA VICTORIA AGUILAR ROS, DON NORBERTO DEL SAZ CATALÁ Y DOÑA MARIA DEL CARMEN ADAME CARBONELL        

DE MURCIA: DOÑA INMACULADA ALBA VEGA, DOÑA NOELIA BARCELÓ PÉREZ, DON PEDRO JOSÉ ABELLÁN BAEZA, DON ALVARO CONESA FONTES Y DON IGNACIO DIAZ RUIZ.------------------------------------

DE CARTAGENA: DOÑA LUISA ABELLAN RUBIO Y DOÑA MARTA ALDEA FABREGA.--------------------------

DE TOTANA: DOÑA MARÍA BONACHE FRANCO,

DON JOSE ANTONIO LUNA MORENO, DOÑA EVA MARÍA CANOVAS CANOVAS Y DON JUAN MARÍA GALLEGO IGLESIAS------------------------

DE MADRID: DON FELIPE RAMOS CEA, DOÑA PALOMA ORTIZ-CAÑAVATE LEVENFELD Y DON FEDERICO ORTIZ-CAÑAVATE LEVENFELD in order that, acting jointly or severally on behalf of the donors and in relation to their assets, rights, acts and obligations situated in Spain, and even though they may incur in self-contracting, double representation or opposition of interests, they may exercise the following powers

THEY ARE CONFERRED THE FOLLOWING:

= = = P O W E R S = = =

1. General: To carry out effectively, in the name of the principal, all procedural steps ordinarily included within the legal procedures of lawsuits or proceedings in which the principal is involved as interested party in any procedural situations. All those procedural steps to be carried out before the Courts, Prosecutor’s Office, Board, Juries, Trade Unions, Local and other Authorities, jurisdictions and courts, as well as to intervene before all kinds of boards and civil officers of the different Administrations, including the different scopes within the national, foreign, supranational and international territories, or others that may be created in the future. Therefore, they will be able to carry out the necessary procedural steps before the Constitutional Court, Court of Exchequer, European Court of Human Rights, Human Rights Committee of the United Nations, Court of Arbitration and Court of Justice of the European Union.

2. Special:

A) He expressly confers special power of attorney to waive, settle, drop, comply with a claim, satisfy or submit to arbitration, mediation, and to make the statements or acts that may lead to dismissal of the action for extra-procedural satisfaction or ex post facto lack of object, even those that need the special appearance of the principals.

B)  To appear before all kinds of authorities and public or private registries in order to obtain all necessary data, regarding the action and the parties therein, or the subjects or assets to which the execution may be dispatched, even those in which the presence of the interested parties to obtain them, for being personal details, is necessary, all that, under the terms provided by Law.

C)  To beseech and grant affidavits for attestation that a person is present, for summons, notification, reference, protocol, reference of documents and deposit, including those of notarial auction or, simply to intervene in them. Likewise, to ask for and to obtain copies of the present power of attorney.

D)  To grant and revoke substitutions and delegations of powers, total or partial, of the present power of attorney, in favour of Solicitors and Lawyers of the Courts, as well as of some other practitioners; without assuming, in case of partial delegation of powers, the revocation of the power of attorney originally conferred. To apply and take copies of this deed.

E)  To make payment and deposit in the bank account of the Court and to receive the money in the name of the principals.

F)  To beseech or to object to abstention or challenging of judges, magistrates, members of the Public Prosecution Service, Court Secretaries, Officers, Clerks and Agents of the Administration of Justice, experts and other court staff or personnel from the authorities in general.

G) To intervene in a meeting of creditors, as a full member, especially for the approval of the agreement to vote for, to appoint trustees and administrators. To acknowledge and graduate credits, to collect them and to dispute acts and agreements, to accept offices and to appoint members of conciliation bodies.

H)  In the case of principals that are a corporate person, he empowers the said attorneys in fact to make declarations in the name of his legal representative.

I) And he specially empowers the attorneys in fact to be able to collect, in the name of the principals, any sum of money or right of indemnification that may arise from the lawsuit or extra-procedural relationship.

3)  More special:

The attorneys in fact are expressly empowered to foreclose, to resolve and rescind the purchase contract in the name of the principal, all kinds of guarantees, bail, bill of credit or discharge, delivered by a public or private lending institution, and to carry out and grant the necessary notarial, judicial or extra-judicial summons, for the aforementioned purposes. He also empowers the attorneys in fact to collect, in the name of the principal, any sum or money or right of indemnification that may arise from the foreclosure.

4)  The attorneys in fact are expressly empowered to foreclose legal action.

5)  Also, they are empowered to act in bankruptcy proceedings and suspension of payments and can act in different phases of the proceedings.

 

GRANT AND AUTHORISATION

SO THE DONOR SAYS AND EXECUTES 

I, the Notary Public, made the donor the legal reservations and warnings.

I warned them about the right to read the present deed themselves, they denied such right, and I, the Notary Public, read the entire contents of this deed to them, who approves its contents and signs it with me.

DATA PROTECTION.- According to the provisions of the Spanish Organic Law 15/1.999, I inform the person appearing and he accepts that all the personal details collected for the wording of the present deed, are part of the data base of the Notary office, and will be treated and kept confidentially, without prejudice to the necessary references to them.

I, the Notary Public, hereby certify that the people appearing has freely expressed their consent to the contents of the present deed, and that the present deed accomplishes with the current law in force, to the donor’s duly informed intention, and, in general, the entire contents of this public instrument, drawn up on three folios of sealed paper exclusive for notaries’ documents, which are this one and the two folios following in order of the same series.

 

 

 

 

 

 

 




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27 Aug 2008 5:45 PM by jethro Star rating in guildford. 111 forum posts Send private message

hi mave and john
we have just sent our poa to our lawyer in spain and it specified our plot and manzana on the acc, we were also told the poa can be used for other things as well at a later date.


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27 Aug 2008 5:49 PM by jethro Star rating in guildford. 111 forum posts Send private message

forgot to mention ours only gave poa to plazas abogados and there are 3 associates in the firm which it named, if that is the case with aldea, there seems to be a lot of associates in the company!! i would suggest you tread carefully with that one!


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