Attorneys-in-fact

makira

Member
Italy
Hi everybody, can you help me with this translation, please?

"Please confirm to us the attorneys-in-fact for the Company to be included in the next power of attorney of such company in order to prepare such a new updated draft.
Please be aware that the last power of attorney of The Company was granted by board meeting held on January which minutes were recorded in public deed dared January 2008, granted before the Notary Public of Santiago."

I don't understand neither what "Attorneys-in-fact" means nor the difference between this word and "power of attorney".

Thank you very much!

Makira
 
  • panjandrum

    Occasional Moderator
    English-Ireland (top end)
    Power-of-attorney is a concept, idea or process by which one legal person grants to another the right to act on his behalf.
    In this case, it seems likely that the Company (one legal person) has in the past granted to another (one individual person) the right to act legally on behalf of the Company. This could only be done with board agreement and through due legal process.

    I have no idea what an attorney-in-fact might be, sorry.
     

    Lexiphile

    Senior Member
    England English
    I have an idea, but it's really only a guess:

    I suspect the "attorney-in-fact" is the real lawyer who acts for the company. In America, he would certainly be called an attorney.
     

    IrishStar

    Senior Member
    Italian
    Hi,

    Here is the definition of Attorney at (or in) fact by the Oxford Dictionary:

    One duly appointed or constituted (by letter or power of attorney) to act for another in business and legal matters, either generally, as in payment, receipt, and investment of money, in suing and being sued, etc., or in some specific act, which the principal, by reason of absence, is unable to perform in person.

    So I think that the attorney in fact may be any person, not necessarily a lawyer o qualified legal agent whereas an attorney at law would be:

    A professional and properly-qualified legal agent practising in the courts of Common Law (as a solicitor practised in the courts of Equity); one who conducted litigation in these courts, preparing the case for the barristers, or counsel, whose duty and privilege it is to plead and argue in open court. (Oxford Dictionary)
     
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