A great deal of real estate, company, banking, and litigation work in Colombia is done through a power of attorney — a poder — granted from abroad. It is an efficient way to act without traveling, but loose drafting is the fastest way to have one rejected at the notary or registry counter.

Granting a poder from abroad

A poder granted outside Colombia is typically executed before a notary in the grantor's country, or before a Colombian consulate there. If executed before a foreign notary, it generally needs to be apostilled and translated into Spanish before it will be accepted in Colombia. For certain acts — transferring real property, for example — Colombia generally requires the underlying act to be done by public deed (escritura pública) before a notary, so the poder has to be drafted in the form that supports that act rather than as a casual letter of authority.

General vs. special powers

Colombian practice draws a line between a general power, which covers ordinary administration, and a special power directed at specific acts. For high-stakes matters — buying or selling real estate, granting a mortgage or other encumbrance, settling or withdrawing litigation — the authority usually needs to be stated expressly and specifically. A vague grant tends to be read narrowly, and the counterparty or registry may decline to act on it.

Common uses

Revocation and currency

A poder generally remains in force until it expires by its own terms or is revoked by the grantor. Where the original grant was recorded, the revocation is usually recorded the same way, so that third parties relying on it are on notice. Because formalities can change, it is worth confirming the current requirements before execution rather than reusing an old form.

What we handle

For matters in Colombia, we draft poderes to the right scope, coordinate execution and apostille abroad, and manage the certified translation and the Colombian formalities — so the document is accepted when it reaches the notary or registry.