gemachtigde

Gemachtigde is a term used in Dutch law to describe a person who is empowered to represent another person or organization in legal, administrative, or financial matters. The gemachtigde acts on behalf of the principal and in the principal’s name, within the limits set by the authorization, which is typically established through a volmacht (power of attorney) or mandate. The scope of authority can be restricted to specific acts or be broad enough to cover a range of transactions.

Creation and scope: A gemachtigde’s power is defined by the document or agreement that grants it, and can sometimes arise from the relationship or circumstances. In many cases, certain acts require written authorization. The principal may revoke the authorization at any time, subject to any agreed terms, and the authority usually ends upon termination of the mandate, revocation, or the principal’s death or incapacity.

Duties and liabilities: The gemachtigde must follow the principal’s instructions, act with care and loyalty, and avoid conflicts of interest. They must keep the principal informed about relevant developments. If the machtigde exceeds the authorized scope, the principal is typically not bound by those acts, and the gemachtigde may bear personal liability for damages or for acting outside the mandate.

Contexts: Common examples include a financial or real estate representative, a company employee authorized to sign contracts, or a lawyer or other professional acting as a representative under the client’s mandate. The concept emphasizes representation and accountability in acts performed for another.