Appointing an attorney in the Netherlands with a Volmacht
Dealing with your legal matters in the Netherlands while you’re in Australia can be troublesome and a hassle. There are several options other than travelling to the Netherlands to deal with your legal matters yourself, and one of those options is to appoint someone in the Netherlands to represent you or act on your behalf. In Australia, we generally refer to this as appointing an attorney under a Power of Attorney, but in the Netherlands the equivalent is appointing someone under a Volmacht.
From time to time we are asked to witness and notarise the volmacht for clients with business or property dealings in the Netherlands. The process can be broken into two parts:
- We witness and notarise the volmacht; and
- We arrange for the volmacht to be stamped with an apostille from the Department of Foreign Affairs and Trade.
If you do not follow this procedure and you do not stamp the vollmacht with the apostille, it may not be recognised in the Netherlands, which means you would need to have it re-signed, witnessed, notarised, and then stamped with an apostille properly. It is important to get the right advice and follow the right procedure to avoid any unnecessary delay or cost.
Occasionally clients also ask us for copies of a volmacht that they can use, however in all cases we encourage our clients to make enquiries with a lawyer in the Netherlands or with their intended attorney to confirm what kind of document is required and the process that it must follow in order to be valid in the Netherlands.