handlungsbevollmächtigende

Handlungsbevollmächtigung, often referred to as Bevollmächtigung, is a legal mechanism in German law by which a principal authorizes another person to act on the principal’s behalf. The person given authority is the Bevollmächtigter. The authorization can be general, covering a broad range of acts, or limited to specific transactions. It is typically realized through a Vollmacht (power of attorney) and may be granted in writing or, in some cases, orally.

Legal basis and scope: Representation is governed by the Bürgerliches Gesetzbuch (BGB), which sets out how representation and acts of agency operate. A Vollmacht can be broad or narrowly tailored to particular acts. In commercial contexts, a special form of representation is the Prokura, regulated by the Handelsgesetzbuch (HGB) and usually requiring entry in the commercial register. Compared with Prokura, a simple Vollmacht does not automatically authorize all business transactions; the scope depends on what the principal has stated or implied.

Termination and liability: The authority of the Bevollmächtigter ends upon revocation by the principal, or upon certain events such as the principal’s death or insolvency, depending on the circumstances. Acts performed within the authorized scope bind the principal, while acts beyond the scope may not. The Bevollmächtigter has duties to act in good faith and within the agreed limits, and may incur personal liability if acting outside or beyond what was granted. The principal bears responsibility for acts conducted within the authorized range under the terms of the Vollmacht.