Sub-authorization

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A sub-power of attorney is understood to be the power of representation in legal transactions, which exists when a person already authorized by a third party issues a power of attorney . The sub-agent can be used either directly as a representative for the principal or as a representative of the representative. This second type of sub-authorization is intended to limit the liability of the sub-agent to the existence of the sub-authorization.

Sub-powers of attorney are only effective if the original principal authorizes his representative in the internal power of attorney to issue one, which normally happens in a general power of attorney even without explicit mention. If this is the case, the sub-authorization is effective and does not need to be confirmed again by the original principal.

use cases

Sub-powers of attorney are often used in law firms, for example when a client engages a legal representative and this in turn gives sub-powers of attorney to his employees. In the case of a law firm with equal merger of several partners, these are often given equal power of attorney in the original power of attorney. Sub-powers of attorney are also used between a lawyer at the client's location and an external traffic lawyer , for example so that the traffic lawyer can attend court appointments in distant cities. In such cases, sub-powers of attorney are often limited to an appointment power of attorney . This lowers the costs of litigation and makes sense if the travel costs were higher than the additional costs invoiced by the external representative. If a client wishes to be represented personally by their own lawyer, they can object to the sub-power of attorney, but then have to pay for the travel costs incurred.

Individual evidence

  1. jurawelt.com The representative
  2. untervollmacht.org