Special power of attorney for a specific act (pełnomocnictwo szczególne)

Published byDocMuse

A Polish power of attorney for an act beyond ordinary management — selling a car, signing a particular contract, collecting money, handling a specific matter — setting out the act, its limits, how long it lasts, and whether the agent may appoint a substitute or contract with themselves. Where the act needs a special form, the power of attorney needs the same one — selling real estate requires a notarial deed, as the document warns.

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Common questions

How does a special power of attorney differ from one for a type of act?

A power of attorney for a type of act covers acts of a given kind — concluding leases of the principal's flats, for instance — while a special one covers a single, specifically described act, such as selling a named car. Either is needed for acts beyond ordinary management (art. 98 of the Civil Code). The more precisely the act and its terms are described, a minimum price for example, the less room for a dispute with the other party.

When must a Polish power of attorney be a notarial deed?

When the act it authorises needs a special form — the power of attorney must take the same form (art. 99 § 1 of the Civil Code). Selling, buying or mortgaging real estate needs a notarial deed, and transferring shares in a limited company needs written form with notarised signatures (art. 180 § 1 of the Commercial Companies Code). Selling a car or collecting documents needs only ordinary written form.

Can the agent sell the principal's property to themselves?

As a rule, no — the agent cannot be the other party to an act done on the principal's behalf, unless it is a contract whose terms rule out any harm to the principal's interests (art. 108 of the Civil Code). The principal can, however, expressly allow it in the power of attorney, which is why the document has a separate clause on dealing with oneself — just write yes or no.