Power Of Attorney Power Packs In A Paper

The Power of Attorney is a legal document voluntarily entered into by two parties and duly certified by a notary public, usually a lawyer. The first and second party in the Power of Attorney are: the Principal and the Agent,respectively. In the power of attorney, the principal appoints the agent to perform a task in a legal capacity in his lieu.
The power of attorney empowers the agent to act upon any legal circumstance necessary of the principal, mostly if the latter cannot conduct with others, his legal affairs in person. This scenario happens in most cases, when the principal is gone from his domicile or away on a business trip for a lengthy period; or worse, if the principal is ill.
The power of attorney likens the agent as that of an employee as well as representative of the principal. Another popular term for the authorized agent in a power of attorney is Attorney-in-Fact.
The principal and agent who execute an agreement such as the power of attorney could either be an individual, partnership, or corporation. Both parties who execute the power of attorney should of course, possess legal capacity which means that parties must be 18 years of age or older and of normal mental capability.
When the principal authorize the agent in the power of attorney, the agent does act within the scope of the legal agreement. Therefore, the principal is also responsible for the acts that the agent entered into, in his behalf. In the exercise of the power of attorney, the agent is entitled to payment for services rendered and reimbursement for some of his expenses.
A most common use for the power of attorney is when the principal enters into a transaction such as the purchase of a real estate property. The agent, by virtue of the power of attorney, deals with the company, or owner of the property until the sale is consummated. Thus, the agent pays for and signs all the legal documents necessary (such as purchase application form, contract to sell, deed of restriction, etc.) for the business venture between the principal who is the buyer, and the property owner who is the seller.
Normally, the power of attorney is revocable or can be cancelled at any time. As such, the principal has only to accomplish the revocation of the power of attorney and again, have the cancellation duly certified by a notary public. The power of attorney also becomes null and void upon the death of the principal.
The role of the notary public in the power of attorney is vital and akin to a third force. The power of attorney becomes a legal instrument only if the notary public or solicitor, has certified the power of attorney to be so. The notary public then has to furnish copies of the notarized power of attorney to the concerned government agency that requires it. Thereafter, the power of attorney becomes a legal public document.

Buying Spanish Property - A Purchaser's Guide

Are you in the wonderful position of being able to afford to buy a holiday home abroad? Or are you simply thinking of moving to a country with a more temperate climate and a more relaxed way of life? Whichever is the case, Spain could be the country of your choice, and if this proves to be the destination of your dreams you will need a little help and guidance along the way. Below I have outlined a few hints and tips that will make the buying process a little easier and hopefully, less stressful. If you follow these guidelines purchasing a property in Spain should be an exciting and pleasurable experience - avoiding some of the more common pitfalls is all that it takes.
1. Set Your Budget - I think that this is the most important decision that you will make. Look at your finances and decide exactly what spare cash you have available to you. Be honest with yourself and be realistic, emergencies happen and in the future you may need to raise finance for something more important - don't stretch yourself. Having set your budget stick to it and be very wary of viewing any property that is above your budget - chances are you will fall in love with something you cannot afford and it will be extremely difficult to put that property out of your mind and settle for something more realistic.
2. Choosing the Area - Location, location, location. It is an old cliché but an important one. You may already know the area where you would like to settle, but otherwise visit a few different locations to make yourself aware of the various possibilities. In choosing the location you may also have to consider point one - your budget.
3. Type of Property - A couple of options to start with - new or resale? Many estate agents will try to point you in the direction of new property, mostly because this is the area where they get the least hassle and the most commission. Fine, if you want to purchase a new property, then go ahead, there are many advantages to taking this route but also be aware that there is a huge choice of resale property available in Spain and there are plenty of bargains to be found. Most resale properties are sold fully-furnished and equipped - this can save you a lot of hassle and a lot of money. Most new property is sold off-plan, so you may have to wait up to 2 years before you get your keys. Knowing what is going to be built around you is also important - it can be hard to visualize when you are staring at an empty field! Also that large apartment block may be blocking the sea view of your new villa, be careful!
The next consideration is the property type - house, villa, apartment, bungalow, the choice is endless. This will mostly be determined by personal choice and, of course, once again - budget. You may also at this stage wish to consider if you want to be on an urbanization or have some solitude in the countryside. There are advantages to both, urbanizations can be noisy during the summer months but they are generally safe and child friendly. The countryside can be peaceful but how far is it to the nearest shop? What about when the family visit - is it the type of holiday they would be looking for? Also, you may want some kind of social life, there are lots of things to consider before making your final choice.
4. Choosing Your Property - Now is the exciting time, going out and viewing possible properties. Take your time and look at as many as you can - if you are looking at new properties, don't be rushed into a decision "this is the last one available" is the selling point of many an estate agent. Don't be fooled, there are always plenty of properties available. Take lots of photographs and if possible a video, this is very useful when reviewing later, it can get very confusing when you are looking at lots of properties. Make a short list and go back to look again. This is an important decision - take your time.
5. Paying a Deposit - You have made you choice, now is the time to put your money where your mouth is! The usual in Spain is a 3,000 euros deposit to take the property off the market. The next step will vary depending on whether your choice is new or resale. With new property the next step will probably be payment of something in the region of 30% of the final purchasing price, payable within one month. There may also be stage payments during construction though the norm is balance on completion. Different builders have different rules so be aware of these before you decide to put down your 3,000 euros deposit. With resale property the whole process can be completed within 1 month (if this suits both seller and buyer), so normally it is 3,000 euros deposit and the balance on signing at the notary.
6. Appointing a Solicitor - It is important to appoint a Spanish solicitor who is well versed in Spanish property law and with a good grasp of the English language. He (or she) will be your friend and ally throughout the buying process and will make sure that there are no outstanding debts on the property. Also after the signing he will help with such things as changing electricity and water contracts into your name. You can usually also retain him to deal with your future tax returns in Spain.
7. Taxes and Costs - You will need to be aware of the various taxes and costs that will need to be paid both during and after the purchase.
Taxes on purchase , transfer tax (IVA), 6% of the purchase price on new property, 7% on resale. plusvalia tax, calculated on the appreciative value of the land the property is on (normally paid by the purchaser). Land registry charges - around 300 euros to change the property into your name. Notary charges, can vary depending on location but generally around 500 euros.
The guideline for extra taxes and costs is 10% of the purchase price although this can be nearer to 12% if you are obtaining a mortgage to purchase the property.
Taxes after purchase - SUMA, local council tax payable every year. Community fees, if you are on an urbanization there will be fees for the upkeep of common areas such as gardens, swimming pools, lifts etc. This may be payable monthly, quarterly or half-yearly.
8. Signing the Deeds - The property deed is known as the Escritura in Spain and the signing of this and the final payment for the property is done at the notary office (the notary is an official government representative). You may be present along with your solicitor for the signing or your solicitor can do this in your absence if you have previously given him power of attorney (a common practice in Spain). Before you can sign the deeds you will need to obtain an N.I.E number (foreigners identification number), this can be obtained at any national police station but make sure you ask your solicitor about this long before the signing and he will advise you how to obtain one. Also make sure that you have your original passport with you before going to the notary, also the passport of anyone who is to appear on the deeds.
9. Taking Possession of the Property - When the deeds are signed and the final monies paid you will receive the keys to your property. You will then need to make sure that electricity, water and SUMA contracts are changed over into your name. Don't forget to organize property and contents insurance. If the property is new, you will want to check it through and write a snag list of any problems.
10. Congratulations - You are now the proud owner of a property in Spain, may the sun shine on you and the value of your property rise, that tiny one bedroom apartment may one day turn into a seafront villa! - Relax and enjoy.

Take Charge of Your Health With a Health Care Advance Directive

Do you want your life to be prolonged by artificial means? Do you want to be resuscitated if you are clinically dead? Do you want your respiration to be supported when your lungs fail? These are only a few of the many questions that may be brough up to you and your loved ones when you're faced with a fatal disease or traumatic condition. A strong estate planning instrument used to answer these questions is a Health Care Advanced Directive (HCAD). An HCAD is often drafted before you become ill or incapacitated. It is considered one of the most effective and less expensive ways available to legally assure that your medical preferences will be honored when you are unable to communicate due to a tragic accident or some kind of medical condition or terminal disease.
A Medical health care directive is a legal instrument in which you authorize a person you trust to make critical medical decisions on your behalf should you be involved in an accident or fall into a comatose state and become unable to express yourself. The person you designate is called your attorney-in-fact or your agent. This named person will talk on your behalf whenever a doctor, nurse or any other medical staff member needs you to make a decision regarding treatment.
You might have some religious beliefs and in someway these beliefs can affect the way you would like doctors to treat you for any type of medical condition. Some people do not believe their blood should not be mixed with the blood of others. In specific cases, you must have a healthcare power of attorney. However, the best practice is for every person over 18 years old to have a HCAD.
It is highly recommended that you have your HCAD drafted while you are healthy and completely conscious so that no one can later on contest your power of attorney. The only defense in case a power of attorney is contested is that you made the decisions contained therein voluntarily, well aware and informed of its significance and consequences.
An HCAD should be drafted according to the strict laws in your state. It is critical that you follow the law requirements in your state so that the document is legally effective. A mere mistake of format, may make your HCAD invalid. You must review the requirements in your state to avoid future nullification of the document.
One general and basic requirement is that the HCAD be notarized. In other words, you and your witnesses must sign it in the presence of a notary public. The notary public will review the document and your identity. He or she will ask you if you understand what you are about to sign. Once you and your witnesses have signed the notary public will sign the document and stamp it with his or her official stamp. The notary's signature is the guarantee that the persons who are signing the document are actually the persons they say they are and that they were physically present before him or her.
Your witnesses should be of legal age, and they must be able to read and write. With their signatures they will be attesting that they read the document and that at the time you and they sign the document you were acting voluntarily and in a sound state of mind. The witnesses cannot be related to you or the notary. They should be individuals with no interest in the situation.
You don't have to pay a fortune to get a HCAD. You can hire an attorney to do one specially drafted for you or you can simply do it yourself by filling out a standard form. Regardless what your choice is, go ahead and have your HCAD done today. Tomorrow may be too late.

A Few Tips For Your Dream Apartment in Mexico

If you are looking for a place to spend holidays in the sun, or even many months a year, you should seriously consider the idea of buying a home in Mexico.
It is true that in this period there has been talk of Mexico mainly because of the swine flu, but to tell the truth alarmism is absolutely unjustified, because the flu seems to have mortality rates lower than normal seasonal influenza and is mostly under control. Besides in the short term, thanks to the vaccine, the emergency will cease, if there ever really been one and dangers will be non-existent. Indeed, given the outcry and fears aroused by this phenomenon, it might just be the time to take advantage of Mexico homes for sale and make good business.
The advice for those who want to invest in Mexico - with success and happiness - is to hire a real estate agent with proven reliability and considerable experience. The "do it myself, especially in a foreign land, can be very disadvantageous in terms of loss of time and money. Without this major premise, here is some basic information to know before buying property in Mexico.
The public deed of sale is the appropriate legal instrument for the transfer of the property: the act must be entered in the Public Registry of Property of the location of the property. To be registered, the sales contract must be signed before a notary public and authenticated by them.
The notary plays a key role in the procedures relating to the sale of real estate in Mexico. He must first verify that the property subject of the sale is free from bonds and mortgages, and this is a particularly important and delicate. Before drawing up the deed, in fact, the notary obtains a certificate of no liens on the property issued by the Public Registry of the property where the asset is located. This certificate allows you to know by whom and when the property was acquired, and especially if the property is free of real rights of enjoyment (usufruct, right of way, surface or long lease) or guarantee (mortgage), which would limit the freedom to dispose of the future owner.
The Foreign Investment Law prohibits foreign individuals to purchase immovable property for residential use located in the so-called 'Zone restringido, an area located within 100 km from the borders and 50 km from the coast. One area, however, very interesting, in fact many people would buy homes in Playa del Carmen and other beautiful places along the coast and along the Riviera Maya. The legal means necessary to overcome the prohibition mentioned is escrow ( "Fideicomiso" in Spanish), a very flexible formula that looks like a trust. Notary costs around 4 - 5% of purchase price (including notary fees, legal fees and registration number of the owner in the Public Registry of Properties). To this we must add the cost of establishment of the bank Fideicomiso that is about 3 thousand dollars.

A Few Details On How to Submit an Application for Legal Separation From a Spouse

If you are thinking about divorce, legal separation will allow you to divide property, determine child custody and set up support orders without formally ending your marriage. Legal separation is an option for persons who have religious or personal beliefs opposing divorce, haven't met residency provisions, or hope to consider reconciliation without the finality of divorce. To apply for legal separation from a spouse, you have to make sure your state accepts separations, obtain and accomplish the essential documents, submit the completed forms and documents with your local court and give a copy to your partner. The items you'll require are as following: internet; printer; monetary records, entitlements and deeds; birth and marriage certificates; notary public; and filing cost.
The initial step is to check the laws in your state to ensure legal separation is accepted. Most states recognize legal separation, with varied requirements with regards to nationality and filing procedures. The next step is to try to arrive at an arrangement with your spouse. Separation arrangements are officially binding documents about properties division, finances, child custody and support. Partners who file arrangements have greater decision-making capabilities and generally involve minimal court participation. The next step is to secure legal separation documents. Several countries have online self-help websites for those who want to handle their case without an attorney; you can answer forms online or print out blank forms. If your country does not provide online forms, get in touch with your local court for the nearby law library or Legal Aid office. Law librarians and Legal Aid staffs are the significant source of free or low-cost legal assistance.
The next step is to complete separation forms by financial documents (i.e., pay stubs and tax records), titles, deeds and birth or marriage certificates. Be sure to itemize all properties, assets and liabilities; imply your requests regarding custody or support, if applicable. Next, you must sign your completed forms in front of a notary (if required). Notary fees vary, but several banks will grant free notary services for clients. Bring a picture ID and all forms to the notary's office. The next step is to file answered forms with your local court. Filing fees differ; verify your court's website for prevailing amounts and acceptable types of payment. The final step is to provide a copy of submitted forms to your partner. Several states accept service of copies through mail, while others require personal service. Get in touch with your local court for guidelines and a record of local process servers or law enforcement venues.

Got a Marketing Plan? You Should!

To build your notary business, you'll need a marketing plan. But more than that, your plan will require follow through, commitment and excellent execution. Your plan should be strategic, but never set in stone.
Instead, your notary marketing plan must be regularly evaluated to measure success and make modifications for better results. Be sure to include milestones for evaluation into your plan.
How else will you know what's working?
How often should the plan be reviewed?
All of your marketing activities should be reviewed regularly. Most activities can be measured and optimized on a quarterly basis.
But online marketing strategies like search engine optimization (SEO), and especially pay-per-click (PPC) management, should be reviewed weekly or bi-weekly. They should then be modified and optimized.
Build in measurement methods
This is important. When you build your notary marketing plan, understand how you'll measure the success of each marketing activity.
If you do public relations, be sure you know what success will look like. Will it be in articles published or increased traffic to your website?
For email marketing, success may be a certain number of inbound leads to your website.
If you exhibit at or attend a local tradeshow you can gauge success in the number of qualified leads generated.
Set realistic expectations.
Put data into action

Once you've executed the marketing program, measure your real results against your benchmarks. How do they compare? If you exceeded your expectations, determine why the program was so successful. Then keep up the great work for the next marketing effort.

If the results fell short, understand why. If you didn't get a good response at a tradeshow, did you lack an appealing booth or meaningful giveaways? Did you have a difficult time convincing people how your signing agent services would benefit them? Maybe the audience was wrong.
Once you've done an honest assessment, you'll be able to improve for the next time. Or you'll know to abandon that activity. But it will be impossible to make any decisions until you have meaningful data.

Getting An Offshore Bank Account Via The Internet

Opening an offshore bank account is like opening one in your high street; meet their criteria, and you're in. The only difference is you're not there in person.
The first thing is to find out whether they will accept citizens or residents of your country. For example, Swiss banks tend not to want US customers; they don't want the hassle from the IRS.
You will need to prove your identity, and the legal existence of your company, if you wish to open an account for it.
If applying by mail, DO NOT PART WITH ORIGINAL DOCUMENTS. Get copies notarised by a notary public. Originals can be used for fraud or identity theft. Or they can get lost.
A Notary Public is a public officer commissioned by the State to perform notarial acts. A Notary is an impartial witness. The notary is empowered to issue an apostille.
Apostille - Is a method of certifying a document for use in another country pursuant to the 1961 Hague Convention. With this certification by apostille, a document is entitled to recognition in the country of intended use, and no certification or legalization by the embassy or consulate of the foreign country where the document is to be used is required.
In practice this means you provide evidence to this man that you are who you say you are, and/or that your company is what you say it is. You take an oath on the Bible. That's right, it's not a joke.
Due diligence: Banks need to show they have checked who their customers are, and how they came by their money.
Passport - If you apply by post a notarised copy is needed;
Information about yourself - name, date of birth, address, phone number etc.
Your economic background - documents showing how you earn your money (work contract, bank statement, tax return, company documents);
Origin of your deposits - documents showing how you earned them. If you sell a house, proof of the sale, a copy of the estate agent's listing, and so on;
Information about your deposits - how much you plan to deposit, and what you plan to do with the money once you've banked it.
If opening a company account, you send an apostilled copy of the certificate of incorporation to the bank providing your account, along with evidence of your identity, an application form, and any other documents they ask for.
If you want to get an offshore bank account, *consider visiting the bank in person*. If you can, travel to the country in question, and open a bank account there. You probably live near one tax haven at least. This especially applies if you are planning to deposit large sums; find out who you're dealing with!
NOTES:
1. Don't pay a middleman to open a bank account for you. See above.
2. Do not use services which offer bank accounts in Eastern European countries.
You are likely to be cheated, possibly by the bank itself. Avoid Latvia!
3. Do not give anyone Power Of Attorney.
You can kiss your money goodbye. You may have legitimate reasons for not wishing to broadcast what you're doing. The problem is: *How can you obscure that you are the owner of the company, or bank account, without losing control of it?*
Don't get too clever, or too greedy.
4. Avoid web sites where:
The business address is a P.O. Box, or a 'Suite';
The site is on a free web host;
The site is badly translated into English;
You have the sense you are dealing with Africans or Eastern Europeans;
The site has not been updated recently e.g. the Copyright reads 2001;
They've only been running for a few years;
They offer a range of dubious products - second passports, citizenships, anonymous debit cards;
You cannot pay via credit card - it's much harder to get refunds on banker's drafts, Western Union and e-Gold etc;
They require you sign a confidentiality agreement, or you have the sense you are entering quasi-legal or illegal territory.
Bogus offshore banking sites can threaten to report you to your tax authority if you question their methods. It's an old con trick; get the mark involved in something illegal, then he can't go to the authorities.
Offshore bank accounts and company formations are just like their onshore equivalents; there's no big mystery about them. If you want a company formation, contact a local registration agent, who speaks English, in the country of registration. Then use another local agent to check what the first one's done.
Open your bank account yourself.
One last thing: *don't think that because your bank account and company are offshore you can do business in your home country, and/or with fellow residents, and avoid taxes there*.
You'll find plenty of websites that'll purport to help you, right up until the time you get a small brown envelope from your country's tax inspectors, inviting you in for a little chat.