Are you planning to buy a property abroad? Take note that purchasing property in a foreign country is more complex than buying property in the Philippines, mainly due to the additional international legal requirements and compliance with both local and international laws.
Traditionally, purchasing a property often requires in-person attendance and documentation. But, it’s not always feasible for buyers to be physically present in a foreign country, especially if they are far away. Not to fret; you can appoint a representative to do the transactions for you. How, you may ask? You can do this through a Special Power of Attorney, or as it is commonly called an SPA. By appointing an attorney-in-fact through an SPA, you empower them to handle the entire property purchasing process on your behalf, ensuring that your interests are represented even in your absence. And for the document to be legally recognized by another country, it needs to be authenticated.
What is a Special Power of Attorney (SPA)?
A Special Power of Attorney, commonly known as a SPA, is a legal document that grants an individual (referred to as the “agent” or “attorney-in-fact”) the authority to act on your behalf of another person (referred to as the “principal”) for specific transactions or duties. Unlike a General Power of Attorney, which grants broad powers, an SPA is limited to particular tasks, such as managing financial transactions, selling, and buying a property. In this context of purchasing property, the SPA can authorize your agent or representative to sign documents, negotiate terms, and manage other property-related matters.
For instance, you’ve found the perfect property abroad for your dream vacation house. However, due to your busy schedule in the Philippines, you’re unable to travel, which prevents you from proceeding with the transaction. Fortunately, you remember that you have a family member living in the same country, to whom you can grant the authority to handle the transaction on your behalf through a Special Power of Attorney (SPA).
Apostille Process of the Philippine Special Power of Attorney (SPA)
In order for a country abroad to recognize your SPA, you will need to avail of Apostille certification from the Department of Foreign Affairs (DFA).
What is an Apostille?
An Apostille is a certification that authenticates a Philippine document, verifying its legality and allowing it to be recognized in other member countries. It has replaced the authentication process called “Red Ribbon” and that is currently accepted in countries that are a party to the Hague Apostille Convention (also known as The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents). The Philippines became a party to the Apostille Convention on May 14, 2019.
Common Process of Getting Your SPA Apostilled
Below is the general procedure for getting an Apostille certification for your SPA:
- Drafting of Special Power of Attorney. Prepare and draft the SPA document. It’s advisable to consult with a legal professional to ensure the document meets all the necessary legal requirements.
- Notarization. Have your SPA notarized by a local notary public. The notarization confirms that the signatures on the document are genuine.
- CANA. Get a Certificate of Authority for a Notarial Act (CANA) signed by the Executive Judge of the court that has jurisdiction over the notary public that signed your document.
- Submit to the Competent Authority. Process the Apostille certification of your SPA by submitting both the notarized SPA and the CANA to the Department of Foreign Affairs (DFA) office.
- Receiving the Apostille. After processing, you will receive the apostille certificate, which is typically attached to your SPA, confirming its authenticity. After acquiring such a document, you may send it to your duly authorized representative abroad.
Sounds Overwhelming? It doesn’t have to be!
Filedocsphil is your trusted apostille service provider that can help you get your Philippine documents apostilled. In coordination with Duran & Duran-Schulze Law, we ensure that the SPA is correctly drafted, notarized, and apostilled to make your transactions seamless and hassle-free.
Let FileDocsPhil Do the Work!
Need further information and assistance in Apostille? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+63) 917 149 2337 or send an email to info@filedocsphil.com for more information or simply message us through the live chat for more information.