Buying property in Cape Verde remotely: power of attorney, representation and checks

You can buy property in Cape Verde without being there — provided you give someone else a properly granted power of representation, which a notary then uses for the deed. This guide sets out, from official Cape Verdean sources, how to prepare a power of attorney from abroad, what the notary will require at the deed, and the points an improvised mandate will not solve.

Buying remotely starts with being represented

A power of attorney is the act by which one person voluntarily transfers powers of representation to another: "o ato pelo qual uma pessoa transfere voluntariamente poderes de representação para outra" (official Cape Verdean consular portal).
You are not required to travel: the official consular page states that "a redação de uma procuração requer a presença do interessado presencialmente ou online por videoconferência". The principal's presence is required, in person or by video conference.
Two official routes are offered: applying online, or attending in person at a Cape Verdean diplomatic mission.
Documents to prepare from the outset: your identity document, and a photocopy of the procurador's identity document.
Who executes the act: a Cape Verdean notary, or a Cape Verdean consular officer — Cape Verdean consular officers exceptionally perform notarial functions, and their acts follow the Código do Notariado (art. 3(1)(a) and art. 3(3)).

The online request on the government portal

Cape Verde's single government portal (Portal Único) offers an online application for a power of attorney. The official page reiterates that "a redação de uma Procuração requer a presença do interessado presencialmente ou na videoconferência" and lists the documents required: the principal's identity document and a photocopy of the procurador's identity document. Signature and case tracking then take place in the "Meus Pedidos" area, on the portal or in the Gov.cv app.

Nothing indicates that this online route is equally open to a non-Cape Verdean buyer: before relying on it, ask the competent diplomatic mission or consulate which route applies to your situation, and in what form the signature will be taken.

What the Código do Notariado provides for powers of attorney

The Código do Notariado devotes a specific provision to procurações e substabelecimentos: article 116.
The same code organises the archiving of the original of certain powers of attorney covered by that provision: they are recorded in the book of loose instruments (art. 15(1)(b) and art. 28(2)(e)), and the index of acts covers powers of attorney submitted to instruct an act where the powers are not limited to that act (art. 24(5)).
The practical consequence: a power of attorney intended for a notarial act is not a mere private piece of paper. It enters the notarial circuit, and the notary is the person who assesses whether it is presentable and sufficient.
The substantive rules on the scope of powers of representation come from Cape Verdean civil law: have them settled for your specific case by a professional in Cape Verde or by the consulate, rather than copying a generic mandate.

Documents from abroad: legalisation, apostille, translation

Documents executed abroad, in accordance with local law, "são admitidos para instruir actos notariais, independentemente de prévia legalização" (art. 44(1) of the Código do Notariado).
Legalisation nevertheless remains the fallback: "se houver fundadas dúvidas acerca da autenticidade do documento apresentado, pode ser exigida a sua legalização" (art. 44(2)).
A document written in a foreign language must be accompanied by a translation (art. 44(3)), which may be produced, among others, by a Cape Verdean notary, by the Cape Verdean consulate in the country concerned, by that country's consulate in Cape Verde, or by a suitable translator.
Apostille: Cape Verde is party to the Hague Convention, and apostilled documents are valid in the signatory states. In Cape Verde, only the Directorate-General for Registries and Notary Services (Ministry of Justice) and the Directorate-General for Consular Affairs (Ministry of Foreign Affairs and Communities) may issue an apostille: "As missões diplomáticas de Cabo Verde não são competentes para apostilar documentos" (official consular portal).
Alternative consular route: a foreign authentic document is treated as legalised once the public official's signature is recognised by the Cape Verdean diplomatic or consular officer and that officer is authenticated by the consular selo branco.

What the notary checks and records

The notarial instrument must record "as procurações e os documentos relativos ao instrumento que justifiquem a qualidade de procurador e de representante" (art. 46(1)(e)): the power of attorney must exist, and must genuinely cover the act.
Where the mandate confers power to perform acts subject to registration, it must contain the special particulars required by the code, including the spouse's identity and the matrimonial property regime where the principal is married (art. 47(2)).
The notary verifies identity by personal knowledge, by presentation of an identity document or — for foreign nationals and nationals habitually resident abroad — by passport (art. 48(1)).
Finally, a deed transferring rights over immovable property may only be drawn up if the property is "definitivamente inscrito a favor da pessoa de quem se adquire"; proof is provided by the access code to the online certidão or by a certidão issued less than a year earlier (art. 54(2) and art. 54(5)).

Revoking the power of attorney

The official consular service devotes a dedicated section to revocation: "A revogação permite ao Outorgante retirar os poderes dados ao procurador." The principal may therefore withdraw the powers granted.
In practice, a revocation worth the name leaves a paper trail: keep a copy of the revocation, notify the procurador in writing, and inform the notary or consulate that holds or instructed the act, so that no later act is performed on the basis of a lapsed mandate.

What a power of attorney cannot bypass

A title not registered in the seller's name. The notary may only draw up the transfer if the property is definitively registered in the name of the person you are acquiring from (art. 54(2)). No power of attorney removes that check.
An apostille issued by the wrong authority. Cape Verdean diplomatic missions cannot apostille documents; in Cape Verde the apostille is obtained from the Directorate-General for Registries and Notary Services or the Directorate-General for Consular Affairs.
A vague mandate. The notary can only record the powers actually conferred (art. 46(1)(e)). A general mandate, with no object or limits, does not replace a precise description of the act or acts authorised.
An unacceptable identity document. For a foreign national, the notary verifies identity by means including the passport (art. 48(1)): your file must be consistent from beginning to end.

Checklist before signing

Put together your identity document and a photocopy of the procurador's identity document.
Write the powers in a delimited way: which acts, which property, which limits.
Provide for the special particulars (spouse, matrimonial property regime) where the act is subject to registration.
Prepare the legalisation / apostille and translation file.
Check that the seller's title is registered, with a recent certidão.
Settle the revocation conditions in writing.
If the purchase concerns land, anticipate the documents specific to the subdivision regime.

Frequently asked questions

You are preparing a purchase from abroad and want the mandate to serve a specific act? Before committing to anything, get a clear picture of the title situation and compare properties whose paperwork is already in order.

This guide draws on the official pages of the Cape Verdean consular portal and of the single government portal, together with the provisions read in the Código do Notariado. The substantive rules on representation and the scope of powers come from Cape Verdean civil law: for a specific situation, have the act prepared by a professional in Cape Verde. This guide is not legal advice.