Power of Attorney in France: How It Works
- 23 mai
- 7 min de lecture
A power of attorney in France, called a procuration, lets someone sign or act on your behalf for a specific French legal matter. It is commonly used when you live abroad and cannot attend a notaire's office for a property purchase, sale, succession, donation, SCI share transfer or family deed.
The key point is that a French power of attorney must match the act it supports. A vague English-style authority may not be accepted by a French notaire. The wording, form, identification process, signature method and sometimes apostille or legalisation must be checked before the signing date.
This guide explains how a procuration works in plain English, including remote notarial powers of attorney. If you need a bilingual notaire to prepare or check one, FrenchNotaires can match you with a vetted notaire, free of charge, usually within about 48 hours.
In this guide
What a procuration is
A procuration is a mandate. You, the principal, authorise another person, the representative or mandataire, to sign or act for you in a defined matter. The representative might be a relative, a trusted adviser, a clerk at the notaire's office or another person accepted by the notaire.
For notarial matters, the power is usually specific. It authorises signature of a named deed or category of deed, often with details of the property, estate, company shares, price, parties and powers granted. The notaire will normally prepare the wording so the representative can validly sign the final act.
A French power of attorney is not a way to bypass advice. The notaire must still verify identity, capacity and consent, and must be satisfied that the person giving authority understands the legal effect.
When you need one
Foreign clients most often use a procuration when they cannot travel to France or when several parties are in different countries.
Buying property: signing a compromis de vente or final acte authentique.
Selling property: authorising completion when the seller lives abroad.
Succession: signing estate documents, declarations or sale deeds linked to inherited property.
Donation: accepting or making a gift where authentic form is required.
SCI matters: signing share transfers, statutes or company decisions.
Family deeds: marriage contracts, matrimonial regime changes or certain protective arrangements.
The notaire will confirm whether a power of attorney is possible for your act and whether the representative can be someone from the office.
Simple versus authentic power of attorney
There are two broad categories.
Type | French term | Typical use |
Private power | Procuration sous seing privé | Signed privately, sometimes with signature certification, where the underlying act allows it. |
Notarial power | Procuration authentique | Received by a notaire and required or preferred for more formal deeds, sensitive acts or remote authentic signature. |
Notaires de France notes in its expatriation guidance that some matters can use a private power, while an authentic power may be necessary for certain acts such as accepting a donation. In practice, the notaire handling the main deed decides what form is acceptable.
Remote notarial power of attorney
France allows a notaire to establish an authentic power of attorney remotely. Notaires de France explains that the remote authentic power, originally introduced during the 2020 health crisis, was made permanent by Decree no. 2020-1422 of 20 November 2020.
The remote power is not the same as signing any notarial deed by video. The remote system lets the notaire receive the procuration authentique so a representative can later sign the main deed. The notaire uses a secure professional videoconference and qualified electronic signature process.
According to Notaires de France, the notaire sends an email invitation for the videoconference. After reading the deed and collecting consent, a signature link is sent to the email address and mobile phone number provided. Signature is completed using a code received by SMS, then the notaire signs the authentic electronic power.
Consumer tools such as ordinary WhatsApp or Skype are not enough. The notaire must use the secure system approved for the profession.
Signing from abroad
If you live outside France, there are several routes:
remote authentic power with a French notaire, if the office accepts and the technical conditions are met;
signature before a local civil-law notary, where the local notarial act can be accepted in France after translation and legalisation or apostille if required;
private power with certified signature, where the French notaire confirms that this is enough for the act;
signature at a French consulate only where consular notarial functions are available, which is now limited.
Do not choose the route yourself at the last minute. Ask the French notaire to approve the method and wording before you book an appointment abroad.
Documents and identity checks
The notaire will usually ask for identity, civil-status and transaction documents before preparing the power.
passport or national ID card;
proof of address;
birth certificate or marriage documents where relevant;
property description or draft deed;
full details of the person receiving authority;
email address and mobile phone number for remote signature;
company documents if a company is giving or receiving authority.
For remote notarial powers, you need reliable internet, a suitable device, updated browser, email access and a mobile phone able to receive the signature code. The notaire may also require additional remote identity verification.
Apostille, legalisation and translations
If a document signed in one country must be used in another, signature authentication may be required. For a foreign power used in France, this may mean apostille or legalisation, plus certified translation into French. For a French public document used abroad, the same issue may arise in reverse.
Service-public.fr explains that apostille is a simplified legalisation procedure and that legalisation or apostille concerns French public acts intended for use abroad, including notarial deeds such as powers of attorney, wills and donations.
Since 2025, the French notariat handles these formalities for French public acts: apostilles since 1 May 2025 and legalisations since 1 September 2025. Notaires de France indicates that formalities are issued electronically where possible, with paper only where needed.
Your notaire will tell you whether your specific power needs apostille, legalisation, certified translation or no additional formality.
Limits and risks
A power of attorney should be precise but not reckless. You are giving someone legal authority to bind you. The main risks are:
wording too vague for the deed;
wrong form, such as private signature where authentic form is required;
missing apostille, legalisation or translation;
expired identity document or inconsistent names;
representative with a conflict of interest;
power granted too widely, allowing actions you did not intend;
late delivery of original documents before completion.
For high-value property, donations, succession disputes or vulnerable adults, ask the notaire to explain every power granted before signing.
Practical steps
Ask the notaire handling the main deed whether a power is possible.
Confirm whether it must be private, certified or authentic.
Choose the representative and check they can act without conflict.
Send identity and civil-status documents early.
Have the notaire prepare or approve the wording.
If abroad, confirm apostille, legalisation and translation requirements before signing.
For remote authentic powers, test your email, phone and internet connection before the appointment.
Keep copies and confirm the notaire has received the valid power before the main signature date.
Need a procuration for a French deed?
FrenchNotaires can connect you with a bilingual notaire who can prepare or check the power of attorney and explain the signing route in English. Speak to a Notaire.
Frequently Asked Questions
Can I sign a French power of attorney from abroad?
Yes, often. You may be able to sign a remote authentic power with a French notaire, sign before a local notary, or sign a private power with certified signature, depending on the deed and the notaire's requirements.
Can a French notaire make a power of attorney by video?
Yes, for an authentic power of attorney under the regulated remote process. The notaire uses secure videoconference and qualified electronic signature, not ordinary consumer video apps.
Can I use a power of attorney to buy or sell French property?
Yes, this is common for non-residents. The notaire will draft or approve a power authorising the representative to sign the relevant purchase or sale deed.
Does the power of attorney need to be in French?
For use in a French notarial deed, the operative document is normally in French. If signed abroad, certified translation may be required. A bilingual explanation can help you understand it, but the French wording controls.
Does a power of attorney need apostille?
It depends where it is signed and where it will be used. A foreign document for use in France may need apostille or legalisation. A French notarial document for use abroad may also need authentication.
Who can be my representative?
It can be a trusted person, a relative, an adviser, or sometimes a clerk at the notaire's office. The notaire must be satisfied that the representative can act properly and without unacceptable conflict.
Can I revoke a power of attorney?
Usually yes, but revocation must be clear and notified to the relevant people before the representative acts. Ask the notaire how to revoke it safely in your specific matter.
How long does it take to prepare a procuration?
A simple power can be prepared quickly once documents are complete, but remote identification, apostille, legalisation or foreign signature can add days or weeks. Start early.
Speak to a bilingual notaire about a French power of attorney
A procuration should be prepared before the signing deadline, not the day before. FrenchNotaires can match you with a bilingual notaire within 48 hours. For a power linked to a Paris deed, you can also start from Notaire Paris.
Related guides
Sources
This guide is for general information only and does not constitute legal or tax advice. For your specific case, speak to a French notaire; FrenchNotaires can match you with a bilingual notaire within 48 hours.