Two of my instructions this past month illustrate the frustrations of dealing with documents in one country for use in another, and how I have been able to assist.
First – a couple who are UK domiciled but have left here to spend their lives in Spain. They do have a property in Bulgaria which they occasionally visit but which has been primarily an investment to generate rental income.
Now that they wish to sell the Bulgarian property they find that they have been quite unable to sign the necessary Power of Attorney in their adopted homeland of Spain.
Typically a Power of Attorney prepared for an English person domiciled in Spain would be in two languages, English and Spanish.
But, when the property in question is in Bulgaria and my clients live in Spain, they have found it quite impossible to find a Notary in Spain willing or able to notarise a document written in Bulgarian only, or written in English only, or in Bulgarian and English, or even in Bulgarian and English and Spanish.
The only solution has been for the couple both to get on an aeroplane to see me in England, where they have executed the necessary papers in Bulgarian and English.
Hardly a good advertisement for a “joined up” European legal system!
Secondly, a Company needed at very short notice to protect its Patent in Thailand.
The necessary Deed to appoint a Thai agent requires to be Notarised, and the Company Director could not at such short notice engage a Notary in his hometown to witness the execution of that deed.
I am based in Leeds where a Patent Lawyer acting for the Company is also based.
I have therefore been able to react urgently, to make necessary Company searches, to arrange for the Company to have a Board meeting and to prepare a draft minute of a Resolution to appoint that Leeds lawyer as Attorney of the Company. Then I have prepared a form of Power of Attorney which has been executed.
This means that the Lawyer has been able to call to see me and sign the necessary Company Authority in my presence and have it Notarised, so that a Thai lawyer has been validly appointed ready for action. All well within one day, and in time for the Thai Court hearing.
Obviously matters are always better dealt with before the very last minute whenever possible; but in a case where this was inevitable I am pleased to have been able to provide an urgent solution.