Friday, July 30, 2010  
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Other Consular Services
Power of Attorney

Power of Attorney
 
 
A power of attorney is an authorization that a grantor confers to an agent or attorney-in-fact to act on his or her behalf in a business or legal matter. A power of attorney can by granted through a public or private instrument.
 
A public power of attorney is drawn up by a Consular Authority and issued to the grantor.
 
A private power of attorney is a document written and signed by the grantor that is legalized by a Consular Authority.
 
Only Brazilian citizens and foreigners bearing a valid RNE ("Registro Nacional de Estrangeiros") card, who are adults in good judicial standing, can request that the Consulate draw a public power-of-attorney for them. Foreigners without a valid RNE card can only request private power of attorney from the Consulate (i.e. legalization of document).
 
 
  
Public Power of Attorney
 
 
Only Brazilian citizens and foreigners bearing a valid RNE ("Registro Nacional de Estrangeiros") card who are adults in good judicial standing can request that the Consulate draw a public power of attorney for them.
 
The department within the Consulate-General in Chicago responsible for issuing public powers of attorney is Notary Acts.
 
 
I – Requirements for a Public Power of Attorney Request
 
1) Power of Attorney Request Form, duly completed and signed by the grantor or grantees (the individual(s) seeking to grant authorization to a third person in Brazil). Click HERE for Request Form.
 
2) Text to be used for the Power of Attorney, submitted electronically or in a Word document on a CD.
 
3) Official Brazilian Documents
a)       Brazilian citizens: CPF card (“Cadastro de Pessoas Físicas”) and a valid Brazilian photo ID.
b)      Non-Brazilian citizens: CPF (“Cadastro de Pessoas Físicas”) card, valid RNE ("Registro Nacional de Estrangeiros") card, and passport with the stamp of their last exit from Brazil.
 
IMPORTANT: All ORIGINAL documents must be presented on the day that the Registry is signed. One COPY of each of the following documents may be sent in advance before bringing the originals. Please see RECOMMENDATIONS below for further instructions.
 
4) Consular Fee
a)       The fee for powers of attorney for the purpose of accessing retirement funds, pensions from the state, or severance pay is US$ 5.00 and the cost of each additional copy is US $5.00.
b)      For all other power of attorney documents, the fee is US$ 20.00 and the cost of each additional copy is US $5.00.
 
 
II – Method of Payment
 
The Consulate-General of Brazil in Chicago ONLY accepts payments in the form of a Money Order issued by the United States Postal Service (USPS), payable to the “Consulate-General of Brazil in Chicago.” 
 
 
III – Processing Time
 
Five (5) business days after receipt of complete application and all required documents. The processing time may increase in times considered high season.
 
 
RECOMMENDATIONS
 
To avoid having to appear twice at the Consulate-General (first to present required documents and a second time to sign the Registry), we recommend the following procedure:
 
1)       Send a copy of the required documents listed above to the Consulate-General in Chicago via:
    a) Mail- 401 North Michigan Avenue, Suite 1850, Chicago, IL 60611
    b) Fax- (312) 464-0299 ATT: Notary Acts
 
PLEASE NOTE: The Consulate-General of Brazil in Chicago ONLY accepts mail correspondence via United State Postal Service (USPS).Envelopes transported by other carriers will be returned without opening. The Consulate will not be held responsible for delays or losses of documents or Money Orders sent or returned by mail. For the most secure and rapid delivery, the Consulate strongly suggests the use of USPS Express Mail.
 
2)       Report to the Consulate-General to sign the Registry on the date determined by the Consulate-General.
 
IMPORTANT: For verification purposes, all original documents must be presented on the day that the Registry is signed.
 
 
For additional information, please email atosnotariais@brazilconsulatechicago.org.
 
 
 
Private Power of Attorney
 
 
Private powers of attorney can be granted for the performance of any legal act, with the exception of writing a will, bearing witness in a court of law, and adoption. Non-Brazilians or foreigners who do not have a valid RNE card can only request to have private powers-of-attorney drawn.
 
The Department within the Consulate General in Chicago responsible for Power of Attorney is Legalization.
 
I - REQUIREMENTS FOR LEGALIZATION OF POWER OF ATTORNEY
 
1) Power of Attorney
a)       Duly written and signed.
b)      Notarized by a notary public.
c)       Certified by the County Clerk or Secretary if State’s office, per the legislation of the state where the document was notarized.
 
2) Consular Fees
a)       US$ 20.00 for each County Clerk or Secretary of State signature legalized
b)      US$10.00 for each additional legalized copy.
 
 
II - METHOD OF PAYMENT
 
The Consulate-General of Brazil in Chicago ONLY accepts payments in the form of a Money Order issued by the United States Postal Service (USPS), payable to the “Consulate-General of Brazil in Chicago".
 
 

III - PROCESSING TIME
 
a)       In most cases, the documents presented personally will be legalized on the same day.
b)      See below for processing time for legalization by mail.
  
 
LEGALIZATION BY MAIL
 
Send complete documentation (document(s) to be legalized, USPS Money Order; Pre-stamped and self-addressed USPS return envelope) to:
 
Consulate-General of Brazil in Chicago, ATT: Legalization
401 North Michigan Avenue, Suite 1850
Chicago, IL 60611
 
PLEASE NOTE: The Consulate-General of Brazil in Chicago ONLY accepts mail correspondence via United State Postal Service (USPS).Envelopes transported by other carriers will be returned without opening. For the most secure and rapid delivery, the Consulate strongly suggests the use of USPS Express Mail.
 
 
PROCESSING TIME (for documents sent by mail)
·         Two (2) working days after receiving the complete documentation.  This period does not include the time in the mail.
·         The processing time may increase in times considered high season
 
IMPORTANT
·         The applicant is advised to take note of the tracking numbers of both the submit AND the return envelopes.
·         Incomplete or incorrect documents will be sent back in the return envelope provided without being legalized.
·         The Consulate will not be held responsible for delays or losses of documents or Money Orders sent or returned by mail.
·         In case of loss, the applicant should seek assistance from the U.S. Postal Service.
 
 
For additional information, please email legal@brazilconsulatechicago.org.
 
 
©2010 Consulate General of Brazil in Chicago