Bevollmächtigten

Bevollmächtigter is the term for a person who has been granted a Vollmacht (power of attorney) by a Vollmachtgeber to act on the latter’s behalf. The Bevollmächtigter can perform legally relevant acts and sign documents within the scope of the authority conferred. The principal remains bound by acts carried out within that scope, while acts beyond the granted authority generally do not bind the principal.

The legal basis for representation in Germany is found in the Bürgerliches Gesetzbuch (BGB). A Vollmacht can be created orally or in writing, but certain transactions require written form or notarization, such as real estate transfers or specific banking actions. Types include Generalvollmacht (broad, ongoing authority) and Spezialvollmacht (limited to defined acts or periods). In commercial contexts, the Prokura granted to a Prokurist represents a distinct, formal authorization with its own rules.

Duties and limits: The Bevollmächtigter must act according to the principal’s instructions and in their best interests. Third parties may rely on the apparent authority of the Bevollmächtigter, but knowledge of limits or a lack of actual authority can affect liability and binding force. The principal may revoke the Vollmacht at any time, and the authority typically ends upon expiration, the Bevollmächtigter’s incapacity or death, or as specified in the agreement.

Terminology and usage: Bevollmächtigte appear in many contexts, including banking, notarial matters, corporate governance, and family law. You will commonly encounter Bevollmächtigter and Vollmacht in contracts, financial transactions, and organizational settings, where clear definitions of scope and form help prevent misunderstandings.