Legal representatives, notaries, trustees, authorized persons and the general public are informed that as of April 1st, the deadline to file the ordinary declaration for the period 2022 for legal entities and trusts in the Transparency and Beneficial Ownership Registry (RTBF) will begin and will be extended until the 30th of the same month.
In line with the provisions of the law, interested parties are informed that, in accordance with the rules applicable to Special Powers of Attorney, the authorizations granted by means of this type of powers of attorney, which were registered before April 1, 2022 and which have already been used, will be disabled. This by virtue of the provisions of article 1256 of the Civil Code which textually states:
“ARTICLE 1256. – The special power of attorney for a certain judicial and extrajudicial legal act, shall only empower the attorney-in-fact for the acts specified in the mandate, without being able to extend even to those that are considered a natural consequence of those that the attorney-in-fact is in charge of executing.”
Otherwise, the authorizations registered in the RTBF, which have not been used, shall remain active and may be used in compliance with the provisions of the aforementioned article, and in accordance with the following cases:
a. When the ordinary declaration of a previous period has not been sent.
b. When the authorization is required to send the ordinary return for the period 2022.
c. When an extraordinary or corrective return is required for the period 2022.
It is important to point out that for the subject of powers of attorney, the Joint Resolution of General Scope for the Transparency and Beneficial Ownership Registry No. DGT-ICD-R-06-2020 and its amendments, establishes that: “In the exercise of this function, notaries must abide by Costa Rican regulations and follow the guidelines issued by the Superior Notarial Council for such activity”, therefore, for the period 2022, the authorizations by Special Power of Attorney will be disabled as indicated in the previous paragraphs; as appropriate.
This considering that, in the case of such powers of attorney, if they have already been used for a specific act, they cannot be used for any other additional or derived management of the main one.