Electronic signature of a mandate

A power of attorney (mandat) is the instrument by which one person gives another the power to act on their behalf. Its strength rests entirely on its precision: an imprecise power of attorney exposes the principal to commitments they never intended, and the agent to liability for exceeding their authority. The electronic signature does not change these substantive rules, but it solves the most common practical problem — obtaining a written, dated and signed power of attorney before the transaction begins, rather than after.

What the power of attorney must specify

Four elements determine the scope of the instrument:

• Thefull identity of the principal and the agent.
• Theexact purpose of the power granted: which acts, over which property, within which limits.
• The duration, with an end date or an event terminating the power of attorney.
• The financial terms, where the power of attorney is remunerated.

The decisive point is the purpose. A general power of attorney, which only covers acts of administration, is distinguished from a special power of attorney, which alone authorizes acts of disposal — selling, mortgaging, settling. An agent who sells a property on the basis of a power of attorney drafted in general terms is acting beyond their authority, and the transaction can be challenged.

Powers of attorney subject to mandatory form

Three categories depart from the principle of freedom of form, where the written document is a condition of validity rather than merely of proof.

The real estate agent's power of attorney. It must be in writing, state its duration, its remuneration terms and which party bears them, and be recorded in a register kept by the agency with a number noted on the principal's copy. A non-compliant power of attorney deprives the agent of their commission, even where the sale is concluded thanks to them. The real estate sale mandate template and its exclusive variant include these particulars.

The rental management mandate. The same requirement of a written document and registration applies, along with the duration and scope of powers — collecting rent, sending reminders, selecting tenants, committing to works within a set monetary limit. This document ties in with the full set of obligations described in our rental management guide.

The notarial power of attorney. Certain transactions require a power of attorney in notarial form, particularly where the main instrument itself must be notarial. A private power of attorney is then insufficient.

The proxy, a special case of power of attorney

The proxy is the most common form of one-off power of attorney: signing a document on someone's behalf, collecting a document, representing a shareholder at a meeting.

It requires the same particulars — identity, purpose, duration — plus a practical requirement: the third party to whom it is presented must be able to verify its authenticity. This is precisely where the electronic version changes things, by providing a document whose date and signatory are established, rather than a signed sheet whose origin cannot be proven. The proxy generator produces a compliant document, and the proxy template covers common cases.

Having a power of attorney signed electronically

Choosing the level suited to the stakes. A routine management power of attorney can be handled with a simple electronic signature, which is legally valid and admissible. A power of attorney covering an act of disposal — sale of a property, transfer of shares — warrants stronger identification, or even a qualified signature where the stakes or the recipient third party's requirements call for it.

Identifying the signatory. This is the sensitive point of a power of attorney, more so than for any other document: whoever receives the proxy must be able to demonstrate that the principal actually signed it. The level of identification chosen directly determines the strength of that proof.

Dating it in a way that is enforceable. A revoked power of attorney remains enforceable against third parties acting in good faith who were unaware of the revocation. Timestamping and traceability of the revocation notice are therefore just as important as the original signature.

Retention. A power of attorney can be challenged long after the transaction. Storing it in a digital vault guarantees the integrity of the document for as long as it may be needed.

Revocation and termination of the power of attorney

The principal may revoke the power of attorney at any time, except where it was granted in a common interest or includes an irrevocability clause. However, the revocation only takes effect against third parties from the moment they become aware of it.

This is the doctrine of apparent authority: a third party who legitimately believed in the agent's authority may rely on the transaction, even if the power of attorney had been revoked or never existed. The practical consequence is straightforward — revoking requires giving notice, and being able to prove that notice was given. A power of attorney also ends at its term, through the agent's renunciation, or upon the death of either party.

Usage scenarios

Real estate sale mandate. Formal requirements determine entitlement to commission. Signing electronically makes it possible to have the compliant mandate in place before the first viewing, rather than after a verbal agreement, with a copy handed to the principal.

One-off remote proxy. A shareholder unable to attend, a seller abroad: the electronic signature avoids the postal process and uncertainty over the date. The identification level is chosen according to what the recipient will require.

Management mandate for a landlord. The scope of powers and the monetary limit for committing to works must be explicitly stated. It is the absence of a cap that causes most disputes between landlord and manager.

Frequently asked questions

Is a power of attorney signed electronically valid? Yes, under the same conditions as a paper power of attorney. For powers of attorney subject to mandatory form, the electronic written document satisfies the writing requirement provided the signatory is identified and integrity is guaranteed.

Does a verbal power of attorney have any value? In principle yes for acts of administration, but it is unusable in the event of a dispute. And for powers of attorney subject to mandatory form — real estate agent, rental management — a written document is a condition of validity.

What is the difference between a power of attorney and a proxy? A proxy is the written document evidencing the power of attorney, often for a one-off act. The substantive rules are the same.

Can the agent do anything they want? No. A power of attorney drafted in general terms only covers acts of administration. Acts of disposal require a special and express power of attorney.

How do you revoke a power of attorney? By giving notice to the agent, and informing the relevant third parties. As long as they are unaware of it, those third parties may rely on apparent authority.

Is a qualified signature required for a power of attorney? Not systematically. It is warranted for acts of disposal or where the recipient third party requires it, but not for a routine management power of attorney.

To find out more

Depending on your situation, three starting points:

1. A power of attorney or proxy template ready to customize and send, for common cases.
2. The contract generator, where the purpose of the power of attorney requires tailor-made clauses — particularly the monetary limit on powers.
3. The how to sign page, for step-by-step guidance for both the principal and the agent.

The pricing scales according to volume, with free sends every month — enough to have a first power of attorney signed and check the evidence file obtained before deciding.