Can a Canadian company give a power of attorney with Public Notary in the US?

Question

Actually its a company from Ontario Canada, which its granting a POA to Mexican Citizen according Mexican Laws, but with a Public Notary in the US.(NY)
Doesn´t the Public Notary has to certify the exitence of the Canadian Company?

Answer 1

Sure.

With your additional details, all the notary in New York is doing is certifying that the Mexican person is who he says he is and that he signed the documents and that, as a result, he has Power Of Attorney.

Answer 2

Your question is somewhat unclear. The Notary normally certifies only the identity of the person signing a P.O.A. The Notary must be authorized in the location where the signature is affixed.

If the question is whether persons or officials in Mexico will accept the authority of the Corporation to act; that is a different matter. Local Officials determine what is acceptable. Generally the certification must be by the highest authority of corporations home jurisdiction certifying the corporations existence & powers.

Mexico is a signator of the 1951 Hague convention on certification which should allow certification by apostille of your provincial authority of corporate identity and authority. However, in my experience many Mexican officials, attorneys & notaries have a minimal understanding of the law & I'm not exactly sure what you want done. So I suggest you contact whoever you are dealing with in Mex & have their lawyer contact your lawyer.

Answer 3

What do you mean?

Are you saying that the the Canadian company wants to give POA to a US Notary? Or you saying that the Canadian Company wants to have a US Notary?

Not sure about Canadian Laws, but here in the states, it doesn't matter where the document, company, or notary originates, so long as all legal requirements, recording requirements, etc. are met.

Answer 4

You definitely need to sign the power of attorney in the presence of a notary public.

Answer 5

A Canadian Company or individual can appoint whomever it pleases as Power of Attorney. Keep in mind however that Power of Attorney and Corporate laws are governed on a Provincial Level and your attorney may have different authority and priveledge depending on the province...plus now you are talking about a whole different country...my simple advice...speak to a lawyer.

OR...are you asking if you can appoint the attorney (ie, sign the document) in front of a Notary in the US...sure you can...BUT again...who drafted the document? The document should be made pursuant to legislation of the province in which the corporation was incorporated.

Answer 6

Yes

Answer 7

Sure can, its part of doing business.