Power of attorney to bid

A power of attorney to bid becomes relevant before the auction hearing if a representative, rather than the bidder personally, is to submit the bid. Section 85(5) of the Austrian Enforcement Code generally requires authority to be evidenced by public documents or a publicly certified power of attorney. Under the same provision, a lawyer or notary may refer to the authority granted to them instead of producing that document.

The identity of the person who will bid and the necessary evidence should be clarified before the hearing by reference to the auction edict and court file. A power of attorney does not replace review of the auction conditions or the bidder’s own bid limit, and it does not create any prospect of an award.