Inter-American Convention on the Legal Regime of Powers of Attorney to be Used Abroad
Done at: Panama City
Date enacted: 1975-01-30
In force: 1976-01-16
The Governments of the Member States of the Organization of American States, desirous of concluding a convention on a legal regime of powers of attorney to be used abroad, have agreed as follows:
Powers of attorney duly given in one of the States Parties to this Convention shall be valid in any of the other States Parties, provided they comply with the provisions of the Convention.
The formalities and solemnities to be observed in giving a power of attorney to be used abroad shall be governed by the law of the place in which it was given unless the principal chooses to submit to the law of the State in which the power of attorney is to be used. In any case, should the law of the State in which a power of attorney is to be used require solemnities essential to its validity, such law shall govern.
Should the State in which the power of attorney is given not recognize a special solemnity required under the law of the State in which the power of attorney is to be used, compliance with Article 7 of this Convention shall suffice.
The requirements with respect to publicity pertaining to a power of attorney shall be governed by the law of the State in which it is to be used.
The effects and use of the power of attorney shall be governed by the law of the State in which it is to be used.
In all powers of attorney, the official responsible for legalizing them shall certify or attest to the following, if competent to do so:
The identity of the principal as well as his statement as to his nationality, age, domicile, and marital status;
The authority of the principal to give a power of attorney on behalf of another natural person;
The legal existence of the juridical person on whose behalf the power of attorney is given;
The power of the principal to represent the juridical person and his authority to grant the power of attorney on its behalf.
Should there be no official in the State in which the power of attorney is given who is competent to certify or attest to the items mentioned in Article 6, the following formalities shall be observed:
The power of attorney shall include a sworn statement by the principal, or an affirmation that he will tell the truth, about the items specified in Article 6 a.;
Legalized copies or other evidence with respect to the items specified in paragraphs b, c, and d of the same article shall be appended to the power of attorney;
The signature of the principal shall be authenticated;
Such other requirements shall be observed as may be stipulated in the law under which the power of attorney is given.
Powers of attorney shall be legalized when the law of the place where they are to be used so requires.
Powers of attorney granted in a language different from the official language of the State in which they are to be used shall be translated into that official language.
This Convention shall not limit any provisions regarding powers of attorney in bilateral or multilateral agreements that may have been signed or may be signed in the future by the States Parties, in particular the Protocol on Uniformity of Powers of Attorney which are to be Used Abroad or the Washington Protocol of 1940, or preclude the continuation of more favorable practices in that regard that may be followed by the States Parties.
The agent need not state his acceptance in the instrument itself for the power of attorney to be valid. This acceptance shall result from the use of the power of attorney.
The State of destination may refuse to execute a power of attorney if it is manifestly contrary to its public policy ("ordre public").
This Convention shall be open for signature by the Member States of the Organization of American States.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
This Convention shall remain open for accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.
For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which the Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty days after the date of their receipt.
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the Genera Secretariat of the Organization of American States. The Secretariat shall notify the Member States of the Organization of American States and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession, and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 17 of this Convention.
In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
Done at Panama City, Republic of Panama, this thirtieth day of January one thousand nine hundred and seventy-five.