Canadian Power of attorney in DR

Great question for an attorney, practicing in the Dominican Republic or an expat  that’s actually done exactly what you’re saying. Thats my nickel on the subject.

That is a good question. I do not know the answer other than it MUST be translated into  Spanish and  notarized.

Definitely something to work with your attorney on. We (U.S. citizens, not Canadians) gave POA to our attorney last year when we purchased property since we were not going to be in the DR. It's called Poder Especial de Representacion. All parties signed and it was notarized. It was drawn up in the DR, not in the U.S., by our attorney in the DR. Not sure of the process when you're the seller and/or if there's any difference as a Canadian, but again, something to work with your attorney on.

From my understanding, Canada is NOT part of the Hague Convention, which is why our Residency documents don't get Apostilled in Canada.  I believe you our out of luck as far as a PoA being valid that was not created or notarized in the DR.  Heck, you can't even sell your vehicle without a lawyer having it notarized now.

Thanks for a reply.

Canada  signed Hague Apostille Convention in 2023 and it takes effect January 11, 2024

    Thanks for a reply.
Canada  signed Hague Apostille Convention in 2023 and it takes effect January 11, 2024
   

    -@doctorvalue

That's what I get for living on this island, and trying to avoid most of the world news.  Sometimes I succeed!  Good to know, and good luck to you.

@doctorvalue

Well thanks for this info.  This means we can save extra steps/work and cost in the future.

"On May 12, 2023, Canada finally signed the Hague Apostille Convention, which will come into effect on January 11, 2024. Once in effect, this marks the beginning of a more streamlined process that will allow Canadian documents to be used more easily in the other 124 countries who are members of the Apostille Convention."

Karin

@doctorvalue

You are saying you have a buyer and now you must give POA to the lawyer?   Surely someone has a trustworthy lawyer who can assist you.

@doctorvalue

The POA can be signed, notarized, and apostilled in Canada. Once it's apostilled it's valid in DR. If it's in English, it must be translated to Spanish.

The POA can be prepared in the DR by your lawyer (then it will be in spanish)  if you have one, if not, my lawyer can prepare the document for you.  You can provide the instructions for the intent and general content of the POA.  It can be sent to you electronically, then you just have to print it, sign it, and have it notarized and apostilled in Canada and return the original documents to the DR by courier service.  Once in the DR, the lawyer will sign it and then it must be notarized by a Dominican notary.  Then you will have a legal POA.

There is a little more to it than just this but your lawyer will direct you as to what other documents you must present.  i.e. cedula, passport...

If you prepare the document in Canada, the wording may not be suitable here in the DR even if you have it translated.  I have done this several times and it's best to have a properly worded original Spanish document.  I suggest to then have it translated to English only for your sole benefit, personal use and reference.

If you need additional help with this, please send me a private message and I can resolve this for you.

Good luck.

@DominicanadaMike

Have you ever heard of needing a 2nd POA in a mutual divorce, in the DR, for property settlement? They are businesses that have no value, they have not been active and my lawyer has confirmed that with the local Chamber of Commerce.

The person whom I am trying to divorce has a lawyer who is claiming that I need to get a 2nd POA for my lawyer to deal with the businesses - I am having difficulty believing this since the POA clearly stated that my lawyer can act as though she is me in all matters related to the divorce.

I appreciate any insight you have,

Thank you.

This seems logical for here.  The corporation is a separate legal entity and will need a properly worded POA