Difference between Attorney and Legal Representative

What is a Proxy?

In Law, we speak of a proxy to refer to the person who has been granted a document that gives them the power to carry out some commercial or legal procedures on behalf of another, who is the one who assigned this right, that is, the principal.

The document established for them is called a power of attorney, and for it to be valid before the competent bodies, it must be registered in the Mercantile Registry for authentication before a notary. In the wording of the power of attorney, the attributions granted to the agent must be specified, so the limitations on the actions or operations that can be carried out with him are established.

To deliver this document to a person, you must have full confidence in him, since he can carry out legal and commercial actions with legal support on assets, actions or belongings of the principal, who may or may not be aware of any irregularity. For this reason, the principal or proxy is fully entitled to substitute the proxy at any time.

What is a Legal Representative?

A legal representative is someone who acts and makes decisions on behalf of another or others, as the case may be, all with legal recognition. The proxy is a legal representative of another natural person; while for organizations or companies, the legal person is the one who assumes the legal representation of a group, for example the managers of companies who are the ones who carry out the transactions as the legal representative of the company for which they work.

In the case of legal entities, the registration of the designated person in the commercial registry is necessary, so that he can fully perform his functions as the legal representative of an organization.

Likewise, the legal representative is understood as the parents who make decisions using the custody of their minor children. Likewise, whoever assumes the commitment as judicially appointed guardian of an orphaned child, is considered to assume to be the legal representative of the minor. When there is an incapacity, these types of documents are also made that grant powers to another person. In any of the above cases, the document must be presented before a notary in the Commercial Registry to authenticate and validate the writing.

Difference between Attorney and Legal Representative

  • The agent has the scope of his powers described in the document that validates him, while the legal representative has full freedom in the actions he carries out on behalf of his organization or other people, within the framework of the law.
  • The legal representative is appointed by a board of directors, the organization that represents or by the person who requires him; Instead, the proxy is chosen by the principal.

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