How do you give a power of attorney from abroad for property in Montenegro? The power of attorney is signed before a notary or another competent authority in the country where you are, and then an apostille is added if that country is a party to the Hague Convention, or legalisation is carried out if it is not. Show the draft in advance to the Montenegrin notary who will draw up the contract.
If you buy or sell property in Montenegro while living in another country, you do not have to come to the signing. Searches show where the questions arise: people look for "power of attorney montenegro" and "montenegro apostille requirements", and local searches include "punomocje za kupovinu stana" (power of attorney to buy a flat), "kako dati punomoćje iz inostranstva" (how to give a power of attorney from abroad) and "apostil pecat crna gora" (apostille stamp Montenegro).
This article explains what form the law requires of a power of attorney for property, which law applies when the power of attorney is given abroad, when an apostille is needed and when legalisation, what is certified at a Montenegrin court, what a notary charges for a power of attorney and how it is revoked.
Form: the same as for the contract
The Law on Obligations provides that the form required by law for a contract also applies to a power of attorney to conclude that contract. Under the Law on Notaries, legal transactions whose subject is the transfer or acquisition of ownership or other property rights in real estate are drawn up as a notarial deed. A power of attorney to buy or sell a flat must therefore be in the same form as the contract.
The Law on Private International Law adds an important rule: where the subject of representation is a right in real estate, the existence and scope of the attorney's authority are governed by the law of the country where the property is located. For a flat in Montenegro that is Montenegrin law, regardless of where the power of attorney was signed.
What the contract itself looks like at the notary and what it costs is explained in our article on the notary purchase contract.
What a power of attorney should contain
An attorney may carry out only the legal transactions for which they are authorised. A general power of attorney covers only ordinary business, and a transaction outside that requires a special authorisation. For buying or selling property it is therefore better for the power of attorney to be specific:
| Part of the power of attorney | Why |
| Details of the principal and the attorney | Identification of both parties |
| The exact property | Data from the title extract: cadastral municipality, parcel, unit |
| The transaction | Purchase or sale, with authority to sign the contract |
| Money | Whether the attorney pays or receives the price, and to which account |
| Steps after the contract | Filing with the cadastre, tax filing, collecting documents |
Without a special authorisation for each individual case, an attorney may not enter into a guarantee or a settlement, nor waive a right without compensation.
A power of attorney given abroad: apostille or legalisation
A power of attorney drawn up or certified by a notary or another authority abroad is treated as a foreign public document if it is a public document under the law of that country. Under the Law on the Legalisation of Public Documents in International Transactions, a foreign public document can be used in Montenegro if, after certification in the issuing country, it is certified by the authority responsible for foreign affairs or by a diplomatic or consular mission of Montenegro, unless an international agreement provides otherwise.
| Country where you sign | What is needed |
| Party to the Hague Apostille Convention | An apostille from that country's competent authority, instead of legalisation |
| Not a party | Certification in that country, then certification by the authority responsible for foreign affairs or a Montenegrin diplomatic or consular mission |
| A country with which, on a reciprocal basis, there is no certification | No certification is needed if Montenegrin public documents are not certified there either |
Montenegro is a party to the 1961 Hague Convention abolishing the requirement of legalisation for foreign public documents, with effect from 3 June 2006. Certification confirms the authenticity of the signature and seal, not the truth of the document's content.
Whether a power of attorney drawn up abroad meets the notarial deed form required by Montenegrin law is assessed by the Montenegrin notary who draws up the contract. So send them the draft before signing abroad.
Translation and the court interpreter
If a participant does not understand the language in which the notarial act is drawn up, or if a party asks for it, a court interpreter must be present, and at the end of the act the notary records that the text was translated. At a party's request a notary may also draw up the act in a foreign language if the notary is a court interpreter for that language.
A Montenegrin document for use abroad
The other way round, a Montenegrin public document for use in a country that is party to the Hague Convention is certified by the basic court in whose area the issuing authority has its seat, or by the Ministry of Justice for documents of authorities seated in the area of any basic court.
What a power of attorney costs at a notary in Montenegro
| Service | Fee under the Tariff |
| Power of attorney for a transaction that must be a notarial deed, e.g. buying a flat | €60 |
| Power of attorney for a transaction that does not require a notarial deed | €30 |
| Signature certification | €3.50 per signature on one copy |
VAT is added to the notary's fee.
Revocation and termination of a power of attorney
- Revocation. The principal may restrict or revoke a power of attorney at will, even if they waived that right by contract, by a statement with no special form.
- Third parties. Revocation has no effect against a third party who concluded a contract with the attorney and did not know and could not have known of the revocation. So tell both the attorney and the notary about the revocation at once.
- Death. A power of attorney ends on the attorney's death. It ends on the principal's death, unless the business already begun cannot be interrupted without harm to the heirs or the power of attorney also applies in the event of death.
If several owners sell a property, each must sign in person or through an attorney; how that works with co-ownership is explained in our article on co-ownership and the right of first refusal. The whole sale is described in our guide to selling an apartment, and you can browse properties in our real estate category.
Frequently asked questions
Does a power of attorney to buy a flat have to be made at a notary? Yes. The form required for the contract also applies to the power of attorney, and a contract transferring ownership of real estate is drawn up as a notarial deed. At a Montenegrin notary such a power of attorney costs €60 plus VAT.
What is an apostille and who issues it in Montenegro? An apostille is a certification under the Hague Convention confirming the authenticity of the signature and seal on a public document. For Montenegrin documents it is issued by the basic court in whose area the issuing authority has its seat, or by the Ministry of Justice.
Does a power of attorney from a country party to the Hague Convention need an apostille? For foreign public documents from countries party to the Hague Convention, an apostille is used instead of legalisation, unless another international agreement provides otherwise. Check the specific requirement with the notary.
Can a power of attorney be revoked? Yes, at any time and by a statement with no special form. Revocation has no effect against a third party who did not know and could not have known of it, so inform the attorney and the notary at once.
Is a power of attorney valid if the principal dies? It ends on the principal's death, unless the business already begun cannot be interrupted without harm to the heirs or the power of attorney also applies in the event of death.
Sources
The power of attorney, its form, scope, revocation and termination are governed by the Law on Obligations (Official Gazette of Montenegro 47/2008, articles 85 to 90). The notarial deed form for transfers of ownership of real estate is prescribed by article 52, and the language of the act and the presence of a court interpreter by articles 44 and 47 of the Law on Notaries. The law applicable to an attorney's authority for real estate is set by article 24 of the Law on Private International Law (Official Gazette of Montenegro 1/2014). Certification of domestic and foreign public documents is governed by the Law on the Legalisation of Public Documents in International Transactions (Official Gazette of Montenegro 66/2019, articles 3, 11 and 12), and Montenegro's accession to the Apostille Convention is recorded by the Hague Conference on Private International Law. The fees are from the Tariff of notary fees and costs (tariff numbers 1 and 9). Fijaka is a listings platform and does not give legal advice; for a specific power of attorney, consult a notary or a lawyer.