General power of attorney (Romania)

Published byDocMuse

The power of attorney by which a person in Romania authorises someone else to handle their property and affairs — payments, everyday contracts, dealings with suppliers and offices. Under the Civil Code, a general power covers only acts of preservation and administration; sales, mortgages and lawsuits need a special one. Signed privately it is valid, but banks and notaries often ask for a notarised one.

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Common questions

What can an agent do under a Romanian general power of attorney?

Only acts of preservation and administration — paying bills, collecting rent, everyday contracts, dealing with suppliers (art. 2016 of the Civil Code). To sell or mortgage property, settle a dispute or start a lawsuit, express authority is needed — a special power of attorney.

Is a power of attorney valid in Romania without a notary?

As a rule, yes. A mandate can be given under private signature; notarial form is required only for acts that themselves need it, such as transferring real estate (art. 2013 of the Civil Code). In practice banks and many offices accept only notarised powers of attorney, so it is worth asking first.

How long is a Romanian power of attorney valid?

Until the date written in it. If no term was set, the mandate ends 3 years after it was given (art. 2015 of the Civil Code). It also ends on revocation, on the agent giving it up, or on the death of either party.