Power of Attorney Template Greece

DOCUMENT CONTROL BLOCK

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1. EXECUTIVE SUMMARY & SCOPE

This Standard Operating Procedure (SOP) governs the formalization and deployment of a Power of Attorney (PoA) — known in Greek law as Plirexousio — for use within the Hellenic Republic. Under Greek Civil Code (Articles 211-235), specific legal acts, particularly those involving real estate transfers, litigation, or inheritance, require a specialized, notarized instrument.

Scope: This procedure covers the drafting, authentication, and international validation (Apostille) requirements for PoA templates intended for Greek jurisdictions. It ensures compliance with Law 2830/2000 (Notarial Code) and administrative requirements for the Greek Land Registry (Ktimatologio) and Tax Authorities (AADE).

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2. PREREQUISITES & TOOL REQUIREMENTS

2.1 Documentation & Data

• Principal’s Identity: Valid Passport or Greek Identity Card.
• Greek Tax Number (AFM): Mandatory for the Principal if the PoA involves financial or property transactions.
• Agent’s Details: Full name, father’s name, mother’s name, profession, address, and ID/Passport number.

2.2 Software & Administrative Tools

• Multilingual Template Processor: Ability to generate side-by-side Greek/English text (Dual-column format recommended).
• Hague Convention Access: Verification of Apostille authority in the country of origin.
• e-Paravolo Access: For payment of Greek administrative fees (if applicable).

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3. ROLES & RESPONSIBILITIES (RACI MATRIX)

R: Responsible; A: Accountable; C: Consulted; I: Informed

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4. STEP-BY-STEP OPERATIONAL PROCEDURE

Phase 1: Determining Scope of Powers

• Define PoA Type: Select between "General" (wide range of actions) or "Special" (limited to a specific transaction, e.g., purchasing a specific plot of land).
• Identify Mandatory Inclusions: Ensure the template includes "Special Mandates" for Greek banks or the Land Registry, as generic wording is often rejected by Greek institutional gatekeepers.
• Duration Clause: Define if the PoA is for a fixed term or indefinite. Note: Under Greek law, a PoA typically remains valid until revoked or upon the death of either party.

Phase 2: Template Drafting & Localization

• Language Selection: Draft the document in Greek or a dual-language format. If drafted only in a foreign language, it must undergo official translation by a certified translator listed in the Greek Ministry of Foreign Affairs register.
• Address Technical Specifics: For real estate, include the KAEK (National Land Registry Number). For litigation, specify the "Right to Substitute" if the agent needs to hire a lawyer.

Phase 3: Authentication Protocol (External to Greece)

• Option A: Consular Execution: Schedule an appointment at the nearest Greek Consulate. The Principal signs in front of the Consul. This document is immediately valid in Greece without further certification.
• Option B: Notary Public + Apostille:
  • Sign before a local Notary Public.
  • Obtain an Apostille (Hague Convention 1961) from the relevant state/regional authority.
  • Submit to a certified Greek translation service post-Apostille.

Phase 4: Validation & Registration (Internal to Greece)

• Tax Authority Notification: If the Agent is to handle tax matters, the PoA must be presented to the AADE to link the Agent to the Principal’s Tax ID.
• Revocation Awareness: Confirm the mechanism for revocation (requires a formal Notarial Act of Revocation served via a Court Bailiff).

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5. QUALITY ASSURANCE & VERIFICATION CRITERIA

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6. PRACTICAL TROUBLESHOOTING SCENARIOS

Scenario 1: Rejection by Greek Bank (Vague Wording)

• Issue: The PoA grants "full management of finances," but the bank refuses to allow the Agent to open or close a specific account.
• Corrective Action: Amend the template to include the specific bank name and account number (if known) or the explicit phrase: "to open, close, manage, and withdraw funds from any and all bank accounts in the Principal's name."

Scenario 2: Apostille Hierarchy Error

• Issue: The PoA was signed by a Notary, but the Apostille was rejected because the Notary’s commission had expired or was not registered with the Secretary of State.
• Corrective Action: Verify Notary status via the local Bar or Notarial Association prior to execution. Re-execute the document with a currently commissioned Notary.

Scenario 3: Expiry of Identification

• Issue: The Passport number listed in the PoA has expired, and the Principal has a new passport.
• Corrective Action: Greek authorities generally require a "Certificate of Correspondence" or for the Agent to carry both the old (expired) and new passports to prove identity continuity. Ideally, update the PoA if time permits.