General and very general powers for carrying out procedures and actions during absences and departures from the country.

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GENERAL AND VERY GENERAL POWERS FOR CARRYING OUT PROCEDURES AND ACTIONS DURING ABSENCES AND LEAVING THE COUNTRY.

[/vc_column_text][us_separator][vc_column_text]IF YOU ARE CONSIDERING LEAVING COSTA RICA, A POWER OF ATTORNEY REGISTERED IN THE NATIONAL REGISTRY CAN BE THE SOLUTION TO CARRY OUT VARIOUS PROCEDURES OR ACTS DURING YOUR ABSENCE. In Costa Rica, the power of attorney can be an ally for people who leave the country for a long period or simply because during their absence they need to carry out public procedures or private acts, since it allows them to delegate the execution of these to a third party. In this sense, it is recommended that people who plan to be outside the country grant, in advance, a power of attorney according to their needs, to one or more trusted people.NATURAL PERSONS AUTHORIZED TO GRANT POWERS:In the case of individuals, powers of attorney may be granted by nationals or foreigners who have the legal authority to grant powers, that is, who are of legal age and have the capacity to do so. Likewise, agents or attorneys-in-fact must also have the capacity to bind themselves. A person who is already outside the country and wishes to grant a power of attorney may do so; however, the process is different and may be more costly and time-consuming. This is because the person must go to the nearest consulate to sign the public deed and then follow several formalities to register the power of attorney with the National Registry. Another option is for a Costa Rican Notary Public to travel to the country where the principal is located to have the deed signed. A third option is for powers of attorney to be granted before foreign notaries, provided that both the state where the power of attorney is granted and the state where it is exercised are parties to the Inter-American Convention on the Legal Regime of Powers of Attorney for Use Abroad. Although this text recommends granting a power of attorney due to the person's departure from the country, the usefulness of the power of attorney does not end there. Based on the above, there may be other reasons why it is appropriate to grant a power of attorney, for example: when the person is physically unable to carry out the procedures, or simply because they do not wish to carry out procedures personally and rely on a third party to do them on their behalf.TYPES OF POWER:Some powers of attorney can be granted in private documents; however, the powers of attorney most commonly accepted by public institutions and those required for the purchase and sale of personal property and real estate, as well as for other commercial acts, are those granted in a public deed before a Notary Public and registered with the National Registry of Costa Rica. These include the following:a. GENERAL POWER OF ATTORNEY FOR ALL BUSINESSES OF A PERSON (Art. 1253 Civil Code): In this case the authorized person can “Sell, mortgage, and otherwise transfer or encumber all kinds of property; accept or reject inheritances, manage judicially, enter into all kinds of contracts, and execute all other legal acts that the principal could do, except those that, according to the law, must be executed by the owner himself in person and those acts for which the law expressly requires a very special power..”b. GENERAL POWER FOR ONE OR SOME OF THE BUSINESSES (Art. 1254 Civil Code): The attorney has the same powers indicated in article 1253 of the Civil Code, but for the specific business or act. c. GENERAL POWER OF ATTORNEY FOR ALL, SOME, OR SOME BUSINESSES (Art. 1255 Civil Code)The general attorney has the following powers:

1. 1. “Enter into agreements and carry out the acts necessary for the conservation or exploitation of the assets.
   2. To attempt and sustain judicially the possessory actions and those that are necessary to interrupt the prescription with respect to the things included in the mandate.
   3. Rent or lease movable property for up to one year; however, if the power of attorney is limited to a specific time, the lease period must not exceed that time. To lease real estate, a general or special power of attorney is required.
   4. Sell the fruits as well as other movable property that by its nature is destined to be sold or is exposed to loss or deterioration.
   5. Demand payment of credits judicially or extrajudicially and provide the corresponding receipts.
   6. Execute all legal acts that, according to the nature of the business, are virtually included in it as means of execution or as necessary consequences of the mandate..”

It is important to mention that if the person specifically wishes to initiate or appear in a judicial or administrative proceeding, it is recommended that they grant a "Special Power of Attorney for a Specific Judicial or Extrajudicial Legal Act." According to Article 1256, this does not need to be registered in the National Registry of Costa Rica. However, a very general power of attorney granted with the powers provided for in Article 1253 can encompass the authority to appear in this type of judicial or administrative proceedings. In general, a power of attorney is an instrument that can be of great help to the person granting it, as it facilitates the execution of various procedures and acts. The power of attorney may terminate: (i) by revocation at any time; (ii) upon completion of the mandate for which it was granted; (iii) upon the death of the principal or agent, among other causes determined by law. Lexincorp offers advisory services, preparation, and registration of such powers of attorney. In case of any questions or additional information, you can contact the lawyer in charge, or you can send an email toinfo@lexincorp.com.[/vc_column_text][us_separator][vc_column_text] Written by: María Alexandra Álvarez Arias [/vc_column_text][/vc_column][/vc_row]