The procurator is a type of commercial manager, a representative of the merchant charged with carrying out certain actions in the commercial business. The procurator acts on someone else's behalf for someone else's account always and only with a power of attorney, which also describes his representative authority.
The authorization of the procurator is mandatory with a notarized signature by the merchant-authorizer. The authorization creates only representative power of the procurator, but not an obligation to perform any actions. In this connection, an additional contract for an order or an employment contract is signed between the procurator and the merchant, under which the procurator undertakes to carry out specific work.
The Power of Attorney and the Agreement can also be implemented in one document, which, however, must be notarized.
The representative power of the procurator is defined in the power of attorney, which must be entered in the Commercial Register.
Only those merchants who are registered in the Commercial Register - sole traders, companies or cooperatives - can authorize a procurator.
A procurator can only be an able-bodied natural person, that is, a person who is of legal age and has not been placed under guardianship.
The procurator has the right to carry out all actions and transactions that are related to the exercise of the commercial occupation, including, in addition to material legal actions / transactions / procedural legal ones / bringing a claim; appeal, etc./
The procurator has the right:
• to acquire movable property;
• to sell, donate, exchange movable property;
• to pawn movable property.
Regarding powers to sell, donate, exchange, etc. or encumber with various burdens on immovable property, the procurator does not have such powers. It needs to be expressly authorized by the merchant to carry them out. Of course, this rule does not apply, and an express power of attorney will not be necessary if the tradesman's occupation is exactly that - alienation of real estate. Regarding the acquisition of real estate, a special authorization is also not needed.
The procurator may be specifically authorized by:
• entry of power of attorney or contract in the commercial register /initial and subsequent/;
• through a separate express power of attorney for each action.
The procurator has no right to reauthorize another person with his rights, but only to authorize other persons to perform certain actions.
The type of Power of Attorney depends on the number and powers of authorized persons.
• The merchant has the right to authorize several procurators to perform various activities for the merchant independently;
• can also authorize two or more procurators, who cannot act individually, but only together. This is a type of general/collective prosecution. This general power of attorney must be entered in the power of attorney itself and noted in the Commercial Register, so that the actions of the procurators are not accepted as independent ones.
• One procurator can act alone, and another can be limited to act only with him / form of general/collective power of attorney/ etc.
When exercising his representative power, the procurator must indicate his capacity by signing himself and adding his name and p.p or p.r. /from Latin per procura/ to the company.
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