Power of Attorney: when it is time to withdraw powers or to waive them
Hello, I'm Fernanda Siqueira, a corporate international solicitor. In the next lines I will explain in 2 steps how to withdraw or to waive powers of a power of attorney in Brazil.
Enjoy your reading.
A power of attorney is a legal act that a person or company grants power to someone to act on behalf of him/her/it.
In Brazil the grantor can be an individual or a company (local or foreigner) and the grantee can be a Brazilian or a foreign individual (who must has a valid residence permit in Brazil). According to Brazilian legislation, companies cannot be grantees or attorneys-in-fact.
Granting powers by power of attorney is usually a simple legal act in any country and normally the parties use to have no problems in this relation.
But, if for some reason, grantor decides to withdraw the powers before the power of attorney expiring term?
And what if grantee decides not to act on behalf of grantor?
1. Withdrawing powers from grantee
In Brazil if grantor regrets or decided to withdraw powers from grantee, he/she/it shall go to the notary office and inform the clerk the wish to revoke the public power of attorney granted.
Therefore the notary public will annotate that such power of attorney is being unilaterally revoked by grantor.
A question you may ask: is there any chance that grantee can continue using his/her originals of the power of attorney to act on my behalf?
Although he/she has its originals, it will be null and void, once it will be annotated on the notary offices' public system that the powers were revoked by grantor.
If someone request to the clerk of the notary office were it was issued for certified copy of the power of attorney, it will be issued with a text bellow certifying the date and time that it was revoked by grantor.
Note that grantor needs to go personally to the notary office to revoke the power of attorney.
2. Waiving powers
It is not very common, but eventually an individual do not wishes to act on behalf of someone as a grantee.
What most people do is "do nothing"; just stop acting on behalf of grantor and wait the power of attorney to expire.
As a solicitor I recommend to expressly waive the powers, in order to prevent liability damages.
What you have to do is go to the notary office where the power of attorney it was issued and inform the clerk of your wish to waive its powers unilaterally.
My advice to you
If you have business in Brazil and for some reason you feel a lack of reliance on your grantee or grantor, do not hesitate in use such tools to preserve your business. It may protect you and your business from a lot of problems.
And if you need any further assistance with these or any other matters in Brazil, I will be glad to help :)
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