The existing legislation establishes that only the director acts as an official who can represent the interests of the company. This person is recorded in the Unified State Register of Legal Entities and does not need any documents to perform such an action. All other persons must have a power of attorney to represent their interests. legal entity to act on behalf of the enterprise.
A power of attorney can be issued both to an individual and to another company. At the same time, an individual can be either an employee of this enterprise or not be a member of its staff.
The main requirement for him is that this person be capable. However, companies rarely delegate representation authority to non-employees of the firm. Most often, employees of the enterprise act as representatives.
Also, to perform certain actions, a power of attorney can be issued to several persons. In this situation, it is necessary to delimit the scope of all representatives, defining strictly defined responsibilities for them.
Attention! When representing interests in certain authorities, it is required that the representative of the organization has a certain specialization. For example, when representing in court, a trustee must have legal education(Article 55 CAS RF). In addition, in some cases, notarization of the document may be required.
The legislation stipulates that an enterprise can officially represent one or a group of people who are executive bodies authority in the enterprise. A group is persons who act jointly or separately for the benefit of this legal entity.
Most often, the head of the company represents the interests. Full information about this person is recorded by the IFTS in the register of legal entities. When changing it, it is imperative to enter new information about this in the Unified State Register of Legal Entities.
The norms of law and judicial practice establish that under the current management of an enterprise, sole management can only be carried out by an individual.
Powers of attorney can be issued for a long period of time or on a one-time basis. In 2013, the time limit for this document was removed.
The power of attorney form itself must include the terms of its validity. Moreover, if for some reason this requisite is not in the text of the document, then it is considered that the power of attorney is issued for a period of one year according to the calendar. The reporting point in this case is the date of the document.
Each of the parties has the right to prematurely terminate the powers provided for by the power of attorney. The principal to revoke the issued power of attorney, the representative to refuse to represent interests.
The rights and obligations under the power of attorney terminate:
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Consider in more detail the sample power of attorney to represent the interests of a legal entity.
This document can be drawn up manually or using a computer. If a computer is used to draw up a power of attorney, the signatures of the principal and the representative of the company must be made by hand.
Important! This document has a number required elements, the absence of which may lead to its invalidation.
At many enterprises, before vesting a person with certain powers, it is accepted and issued the appropriate order of the head.
For registration, the letterhead of the organization can be used, which already reflects its name and basic registration data, legal address.
Filling out the document begins with the designation of its name.
The next line reflects the place of drawing up the power of attorney and the date of its issuance.
After that, the name of the company is indicated, as well as the personal data of the person who has the right to act on behalf of the company without a power of attorney and the basis of his authority. For private companies, "Articles of Association" is often listed here.
Next, data is filled in for an individual who will carry out certain actions to represent the interests of the company. This is the position, full name, details of the identity card, address of registration.
Below it is necessary to reflect the entire list of actions that this person has the right to carry out, acting in the interests of the company.
If necessary, the names of counterparties, government agencies in which this person will be empowered to represent are also reflected here.
In the same section, information should be reflected that the trustee does not have the right to delegate the rights and obligations under this document to third parties.
After that, the representative must put his signature so that a sample of his visa is present on the document.
At the end of the document, the power of attorney is signed by the head. At the same time, a decoding of his position and personal data is necessarily done.
Legislation regulates when drawing up major transactions to draw up a notarized power of attorney for the authority of a representative. This category also includes transactions where the counterparty is a state or municipal body.
Sometimes large companies may also require a notarized power of attorney for additional confirmation.
This document can be issued on a special form or on a regular one with a certification stamp affixed by a notary.
Sometimes a power of attorney can be certified not by a notary, but by other third parties:
Regardless of what period of validity is indicated in the power of attorney, the organization has the right to revoke it - that is, to cancel its action.
In the event that the power of attorney was issued in simple written form on letterhead, first of all, it is necessary to notify the person in writing that the document issued to him is cancelled.
Such a letter is sent by mail to the address of registration or temporary registration with a return receipt. If the message about the revocation of the power of attorney is handed over, then you need to get a signature from it as confirmation of the delivery of the form.
Another important step cancellation of a power of attorney is to notify all interested third parties about this event. It is also advisable to send such letters by mail with a notification attached.
If the power of attorney was certified by a notary, then with the desire to cancel the issued document, you need to contact him. He will already notify the holder of the power of attorney and all affected persons about this.
Attention! The obligation to notify everyone of the revocation of a power of attorney is a requirement, not a right. If this has not been done, the principal is responsible for all actions of the owner of the power of attorney, including for the obligations arising as a result of them.
The enterprise participates in business life through the performance of duties by its head. He can represent the organization on the basis of the order of appointment and the charter, so he does not need any powers of attorney. If the director wants to delegate his powers to a third party, then in this case a special document is drawn up - a power of attorney. Any citizens can receive a power of attorney - both employees of the organization and persons who are not employees of the enterprise.
There are several types of powers of attorney:
A general (general) power of attorney gives the representative rights in terms of the total scope of powers, so the list of permitted actions can be quite wide. For example, a representative may be empowered to represent the interests of society in all judicial instances in civil, administrative and criminal cases, to conclude transactions, etc.
A general power of attorney is characterized by the fact that it does not specify the actions that can be performed by a representative. For example, it is indicated that the representative has the right to file claims in arbitration courts, but it does not specify on what disputes and what kind of claims. Lack of specification gives the representative the right to perform any actions specified in the power of attorney (for example, file any claim with any arbitration court).
Such a power of attorney may be signed by the head or, in accordance with the requirements of Art. 185.1 of the Civil Code of the Russian Federation, notarized. Below are some examples of when a power of attorney needs to be notarized.
A power of attorney for the provision of interests is granted to one person by another for the purpose of carrying out certain actions instead of the entrusted person.
This type of document is used by both individuals and legal entities.
There are several types of powers of attorney, consistent with the timing and type of action that one person will represent the interests of another.
The type of power of attorney under consideration provides for the one-sided drawing up of a document.
In this case, an individual entrusts his own interests to another person in order to perform actions different nature as his own, that is, he trusts decision-making by another person for himself.
Powers of attorney have 2 forms from the point of view of the law: written and notarized. Some transactions and legal procedures require certification of the paper by a notary, other documents drawn up by ordinary citizens are equated to those signed by a notary. The maximum validity of the paper is 3 years.
The date of issue must be indicated in the power of attorney, otherwise it will not be considered valid.
This type is one of the most primitive and does not need to be notarized.
The use of such a power of attorney extends to the places of work, training, treatment of a citizen.
It can also be used in litigation, or to make deals.
The law does not regulate the need to certify the powers of attorney of individuals in general, but there are several exceptional cases.
A citizen of the Russian Federation has the right to draw up and issue powers of attorney to other persons to grant the right to make transactions of any nature, within the limits of the law of Russia, on his own behalf. The preparation of a document takes place for individuals in the same way as for legal entities.
When a power of attorney is presented to a third party, the third party has the right to demand from the authorized person documents confirming his identity. The form of compilation can be any: printed and written by hand, both options are valid from the point of view of legislation.
The power of attorney can be issued for 1 time, for one concrete action, or with a certain period, which must be reflected on paper. There is also a special type of power of attorney, which provides for the commission of the same type of action within a certain period.
Not only the owner can register a car after purchase vehicle but also its representative. How to issue a power of attorney to register a car in the traffic police, read.
Notarized power of attorney to represent interests individual may be needed in some special cases.
Special cases include powers of attorney that entail the conclusion of transactions that require any changes to documents: state registers.
Such transactions are associated with the purchase, sale or exchange of real estate. In fact, real estate is the only area of interest that the law intervenes to regulate. In all other situations, a notary public is not required for individuals.
In other cases, the individual himself must determine and write down in the document how long the paper will be valid.
It is important to remember that a power of attorney without a date of compilation will have no legal force at all and is considered invalid.
There are no state forms for drawing up a power of attorney to represent the interests of an individual.
The document is drawn up by an individual in free form, but should contain a few key points:
The execution of a power of attorney to represent the interests of an individual is as follows:
“This power of attorney is issued to a citizen (full name) residing at the address: (address). Passport data: (series, number, by whom and when issued). He (gr.) Is authorized to represent the interests of the full name of the individual, address of residence, passport data.
In the state institutions, such as: banks, tax, credit organizations, law enforcement agencies, etc., to conduct on behalf of (full name of the principal) any actions as a plaintiff, defendant, as well as a third party in courts and judicial authorities, and etc.”
An example of filling out and the text of a power of attorney to represent the interests of an individual is very approximate due to the arbitrariness of the document. It is necessary to record everything and in detail so that the trustee has everything necessary to perform the action without obstacles from the law.
can be issued to both a citizen and an organization. In cases stipulated by law, the document is subject to notarization. We will tell you how to write it correctly in our article.
The form of the power of attorney to represent the interests of an individual is not defined by the legislator. We recommend that you pay attention to the main points:
In cases where a simple written form is not enough, you will need to notarize the power of attorney.
In order to understand the content of the power of attorney, we bring to your attention type specimen document.
POWER OF ATTORNEY
Chelyabinsk 28.03.2017
I, (full name of the principal), date of birth and passport details, address of residence, hereby authorize c. (Full name of the representative), his passport details or the name of the organization, to represent my interests in all judicial, state, municipal and other bodies, the prosecutor's office and other organizations with all the rights that are granted by law to the plaintiff, defendant, victim or third party , in particular:
Signature (full name of the representative) _______________ I certify.
The power of attorney is issued for a period of 6 months.
Full name of the principal Signature
This is a general form of power of attorney, the content of which can be changed depending on the situation.
NOTE ! Not all of your powers can be delegated to a representative. We are talking about a set of personal rights and obligations that only the addressee is entitled to perform. For example, alimony.
| Download the power of attorney form |
A power of attorney in a simple written form is not enough for the court. It is necessary to certify the document by a notary or other authorized persons, in particular:
But if we look at the wording of Art. 53 Code of Civil Procedure of the Russian Federation, then to determine the procedure for certifying a power of attorney, the word “may” is used there. That is, it turns out that citizens are not required to apply to a notary?
Yes. If the powers of the representative are determined during the court session orally or by drawing up a written statement, then notary certification is not required. Mandatory condition in this case only one thing - the personal presence of the principal.
A power of attorney is not required to represent a citizen's legal representatives in court. They show a document that certifies their authority. These may include, for example, guardians.
IMPORTANT ! In the power of attorney to represent in court, it is necessary to indicate a detailed list of actions that another person can perform on behalf of the principal. This is necessary in order to protect the representative from disposing of your rights that you would like to exercise personally, for example, the right to enter into a settlement agreement.
There is no single sample approved by the state for filling out a power of attorney to represent the interests of a legal entity. Therefore, organizations have the right to independently develop the form of such a document or draw it up in a free form. Large companies most often write powers of attorney on letterhead, but this is not mandatory.
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A legal entity may issue a power of attorney to both an individual and another legal entity. Most often, organizations prefer to entrust the representation of their interests to their employees: heads of departments, chief accountants, lawyers, etc. You can issue a power of attorney for one representative or for several.
It happens that enterprises include a line about the possibility of reassigning a power of attorney. In cases where this right is granted, the first power of attorney must be certified by a notary.
A power of attorney can be of three types:
This power of attorney can be presented to any institution: both commercial (banks and other structures) and state (courts, tax inspectorates, post offices, off-budget funds, etc.).
There are no clearly defined rules for filling out a power of attorney. However, during its execution, one should adhere to the basic rules recommended in office work when issuing such documents. In particular, a power of attorney to represent the interests of a legal entity must necessarily include information about the principal and personal information about the trustee. It should contain a detailed list of instructions that the principal delegates to his representative, and the validity period of the power of attorney and the signatures of both parties should also be indicated here. Moreover, the wider the terms of reference of the trustee, the more detailed information about the parties should be entered in the document.
When presenting a power of attorney to some state structures (for example, courts), as well as to perform certain actions (for example, obtaining documents from state bodies), the power of attorney must be certified by a notary.
You can write a power of attorney on an A4 sheet, both by hand and in printed form. In this case, all signatures, of course, must be done manually.
At the conclusion of the document indicate the period for which the power of attorney was issued.
Here you can specify any period, but if there are no specific numbers, then the power of attorney will automatically be considered valid for a year from the date of issue.
Then the trustee puts his signature under the document, which is certified by the head of the legal entity-principal. The latter also signs the power of attorney and stamps the organization (since 2016, legal entities are not required to use stamps and seals when working, however, many state and non-state organizations, as before, require an imprint on documents).
