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Home > The Chambre > France-Québec Agreement - Overseas power of attorney

France-Québec Agreement - Overseas power of Attorney

If you are a Québec national in France or a French national in Québec and you need to sign a legal deed in your country of origin, you can do so without travelling overseas, using a power of attorney that authorizes someone to sign on your behalf. Under a cooperation agreement between notaries in France and Québec, a series of steps must be followed for this authenticated power of attorney to be validly received and recognized in Québec or France. This agreement facilitates and speeds up legal processes for French people and Québecers who otherwise would have to fall back on the legalization or endorsement formalities generally required to authenticate documents with foreign authorities.

 

Process to follow if you are French, live in Québec and need to give power of attorney to someone in France to sign a legal deed on your behalf 

Process to follow if you are a Québecer, live in France and need to give power of attorney to someone in Québec to sign a legal deed on your behalf

This power of attorney can be used, for example, to:

  • Mortgage a property
  • Sell or buy a property
  • Gift personal property or real estate
  • Declare the transmission of a property
  • Waive inheritance rights

 

Process to follow if you are French, live in Québec and need to give power of attorney to someone in France to sign a legal deed on your behalf:

  1. First, you must seek the services of a French notary to receive a deed in France. You must also authorize someone in France to sign the principal deed on your      behalf, using a power of attorney. To do so, you must agree with the French notary on the terms and conditions of the notarized deed (schedule, fees, etc.).
  2. The French notary will explain the scope of the power of attorney and the type of      deed it can be used to sign. The notary will draw up a draft deed and the power of attorney and ask you to make an appointment with a Québec notary for the power of attorney.
  3. You will have to contact a Québec notary and agree on the terms and conditions for signing the power of attorney (date, fees, etc.). You will then have to send the name of the Québec notary to the French notary and vice versa.
          

IMPORTANT. The French notary has to verify that the Québec notary is authorized to practise. To do this, the French notary must check the roll of the Ordre on the Chambre des notaires du Québec Find a Notary webpage.

  1. Once the required information has been ascertained, the French notary will send to      the Québec notary by email:
      1. The draft power of attorney.
      2. An attestation that the duty of impartial counsel to all parties has been fulfilled. This attestation must also engage the notary’s personal liability in the event of professional misconduct with regard to the content of the power of attorney and the deed that will be concluded through it. 
  1. The Québec notary will verify your identity, your quality and your capacity to sign      the power of attorney. Once the power of attorney is signed, the Québec notary will enter it in his or her directory and keep it on file. The Québec notary will affix his or her professional seal and give you a copy. The Québec notary can also send an authentic copy directly to the French notary if you wish.
  2. The French notary will take receipt of the authentic power of attorney from the      Québec notary and receive the principal deed in the presence of the parties, including the person you have designated to sign the legal deed on your behalf.

 

Process to follow if you are a Québecer, live in France and need to give power of attorney to someone in Québec to sign a legal deed on your behalf:

  1. First, you must seek the services of a notary in Québec to receive a deed in Québec. You must also authorize someone in Québec to sign the principal deed on  your behalf, using a power of attorney. To do this, you must agree with the Québec notary on the terms and conditions for the notarized deed (schedule, fees, etc.).
  2. The Québec notary will explain the scope of the power of attorney and the type of      deed it can be used to sign. The notary will draw up a draft deed and the power of attorney and ask you to make an appointment with a French notary for the power of attorney.
  3. You will have to contact a French notary and agree on the terms and conditions for signing the power of attorney (date, fees, etc.). You will then have to send the name of the French notary to the Québec notary and vice versa.


IMPORTANT. The Québec notary has to verify that the French notary is authorized to practise. To do so, the Québec notary must check the directory of notaries in France to ensure that the French notary is authorized to practise.

  1. Once the required information has been ascertained, the Québec notary will send to      the French notary by email:
      1. The draft power of attorney.
      2. An attestation that the duty of impartial counsel to all parties has been fulfilled. This attestation must also engage the notary’s personal liability in the event of professional misconduct with regard to the content of the power of attorney and the deed that will be concluded through it.
  1. The French notary will verify your identity, your quality and your capacity to sign      the power of attorney. Once the power of attorney is signed, the French notary will enter it in his or her directory and keep it on file. The French notary will affix his or her professional seal and give you a copy. The French notary can also send an authentic copy directly to the Québec notary if you wish.
  2. The Québec notary will take receipt of the authentic power of attorney from the      French notary and receive the principal deed in the presence of the parties, including the person you have designated to sign the legal deed on your behalf.

 

Limitation of mandate
The role of the Québec or French notary is limited to verifying the identity, quality and capacity of the signatory or signatories of the power of attorney. The Québec notary will obtain informed consent from you and give you a limitation of mandate summarizing all the explanations that have been given to you.

What to do in case of difficulty
If there is any difficulty applying the agreement, the Québec and French notaries are first encouraged to resolve the issue together. If the difficulty cannot be resolved, they will need to contact the people designated by their respective professional orders to find a solution that is agreeable to the parties.

Questions?
If you need explanations about your particular situation, please contact your notary.

For further information about the procedure, please call 1-800-NOTAIRE (668-2473) to speak to a notary. This service is free.

 

 
 

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