Signing from abroad: powers of attorney, apostille and remote signature

Why use a power of attorney

Completion dates are often set at short notice, and both the preliminary contract and the final deed must be signed. Clients who live abroad usually sign a power of attorney for one or both stages. We prepare it for the specific transaction, in French with an English translation, and it is generally a member of our staff who signs on your behalf, strictly within the limits of the document.

Private or authentic power of attorney

	Private power of attorney (sous seing privé)	Authentic power of attorney (procuration authentique)
Who prepares it	We prepare it; you sign it before a notary public or another competent authority who certifies your signature	A French notary, in person or remotely by videoconference, or in some cases a French consulate
When it is used	Usually sufficient for a purchase or sale without a mortgage	Required where the deed must be authentic and involves your own commitment, for example a gift, a mortgage granted to a lender, or certain off-plan purchases; lenders often require it
Formalities abroad	Apostille, then original sent to us by courier	None if signed remotely with a French notary
Typical timing	One to three weeks, depending on apostille and courier times	A few days once identity has been verified

We will tell you which form is needed for your transaction. If in doubt, an authentic power of attorney is always accepted.

Signing before a notary public and the apostille

The Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents replaces consular legalisation with a single certificate, the apostille. France, the United Kingdom and the United States are all parties to it.

• United Kingdom: you sign before a notary public, who certifies your identity and signature. The apostille is then issued by the Foreign, Commonwealth and Development Office (FCDO) Legalisation Office.
• United States: a notary public is not a lawyer and only certifies your identity and signature. The apostille is issued by the Secretary of State of the state where the document was notarised; some states first require a county-level certification.

The steps are as follows:

1. We send you the draft power of attorney and explain it.
2. You sign it before a notary public, showing the same passport you have sent to us.
3. You obtain the apostille from the competent authority.
4. You send us the original by courier; it must reach us before the signing date.
5. We check the document and use it at the signing.

Signing at a French consulate

French consulates have certain notarial and signature-certification powers. Their services vary from one consulate to another and are sometimes limited to French nationals or to certain documents, and appointments may take time to obtain. If you wish to use this route, check with the consulate before the signing date is set.

Remote authentic power of attorney by videoconference

Since décret n° 2020-1422 of 20 November 2020, a French notary can prepare an authentic power of attorney in electronic form without you being present. The rules are in article 20-1 of décret n° 71-941 of 26 November 1971 on notarial deeds, in the version in force since 1 October 2025:

• your identity is verified through a system set up by the Conseil supérieur du notariat (the national body of French notaries);
• the notary takes your consent by secure videoconference meeting the requirements of the decree, not through consumer apps;
• you then sign immediately with a qualified electronic signature, and the power of attorney is complete when the notary adds their own qualified electronic signature.

You need a valid passport, a smartphone, an email address and a reliable connection. We send you the draft in advance so that you can read it in French and English, and we make sure you understand it before you sign.

Can the deed itself be signed remotely?

Remote signature of all deeds was allowed temporarily during the 2020 health emergency. That regime has ended. Under the current rules, a party who is neither present nor represented can sign a deed by appearing before another notary, who takes part in the signing by videoconference (article 20 of the same decree). This procedure involves notaries using the French notarial system, so it is mainly useful for clients who are in France but far from Bordeaux. From abroad, the power of attorney remains the standard solution.

Identity documents and anti-money-laundering checks

French notaries are subject to the anti-money-laundering rules of the Monetary and Financial Code. Before any signing we will ask for:

• a valid passport, and proof of address less than three months old;
• documents on your marital status: marriage certificate, any marriage contract or prenuptial agreement, divorce decree;
• for a company or trust: its constitutional documents and the identity of its beneficial owners;
• evidence of the origin of the funds, which must be paid by bank transfer from an account in your name.

Some documents may need a certified translation. The names on all documents should match your passport exactly.

Sources: Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents (status table on hcch.net); décret n° 71-941 of 26 November 1971, arts. 16, 20 and 20-1; décret n° 2020-1422 of 20 November 2020; Monetary and Financial Code, arts. L561-1 and following; Légifrance (legifrance.gouv.fr), consulted in October 2026.

This guide is general information and does not constitute legal advice. Contact the office for advice on your situation.

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