What is a power of attorney (volmacht) under Dutch law?

Dutch term: Volmacht | Legal basis: Articles 3:60-3:79 BW

A power of attorney (volmacht) under articles 3:60 to 3:79 of the Dutch Civil Code authorises one person (the authorised representative, gevolmachtigde) to perform legal acts in the name and on behalf of another person (the principal, volmachtgever). Acts performed within the scope of the power of attorney bind the principal.

Dutch law does not require a specific form for a power of attorney, except where the underlying legal act requires a specific form (for example, a notarial deed for the transfer of real property). The principal can revoke the power of attorney at any time. Third parties who reasonably relied on the apparent authority of the representative may be protected under article 3:61 BW.

Why it matters for international businesses

For international groups managing Dutch subsidiaries, powers of attorney are commonly used to delegate signing authority for contracts, bank transactions and corporate resolutions.