mandataris

Mandataris is a legal term used in several languages, notably Dutch and Romanian, to denote a person who holds a mandate and is empowered to act on behalf of another person or organization. The role is that of a representative or agent, with authority defined by the mandate, contract, statute, or office that creates it.

Authority and limits: A mandataris acts within the scope of the mandate; they may have broad powers or limited ones. The principal’s duties include loyalty, care, and adherence to the terms of the mandate. They must not exceed the granted authority and are accountable for actions taken under the mandate, including potential liability for misrepresentation or breaches of fiduciary duties.

Contexts: In political and public administration, mandatarissen are elected or appointed to represent others and to exercise public power within legal frameworks. In corporate or civil law, a mandataris can be a director, agent, or proxy empowered to perform acts on behalf of the principal, including entering into contracts and making decisions within the mandate’s scope.

Termination and duration: Mandates terminate upon completion of tasks, expiration of term, revocation, resignation, or death, subject to the terms of the mandate and applicable law. Some mandates provide mechanisms for replacement or continuation through successors.

See also: mandate, mandataire, power of attorney, proxy, fiduciary duty.