Power of Attorney - what and how to make up? Written authorization issued by one person to another person for representation before a third party

With the development of civil legal relations, the parallel development of the institution of representation also takes place. Now very few people are unfamiliar with the document called "power of attorney." What is a power of attorney from the point of view of Russian legislation is discussed in this article.

The concept of

A power of attorney for representation of the interests of a legal entity or physical is a unilateral transaction, that is, in order for it to be valid, there is enough the will of one person or organization to delegate authority to another person (attorney). At the same time, such a will, naturally, must correspond to the letter of the law. The content of the will of the principal is obliged to confirm his intention and desire to delegate the power to perform any actions to the attorney. The attorney must perform these actions only on behalf of his principal and solely in his interests. Such actions can be realized by concluding various transactions or by performing other legal actions.

Transfer of document

In practice, the document in question is transferred directly to the attorney or representative. However, since this transaction is considered to be unilateral and no representative is required to perform it, the transferor may transfer this document to the person with whom the transaction is subsequently concluded, or to that which is required to certify the powers of the attorney. For example, when concluding a sale, the seller who completed the power of attorney for someone has the right to give it to the buyer so that he or she is satisfied that the transfer of authority is lawful. If other authorities are specified in this document, for example, registration with an authorized body, then the buyer can submit this document to the registering organization himself.

Requisites

The power of attorney is, first of all, a document that confirms not only the authority of the representative to third parties, but also the content of the powers given to him. In addition, counterparties are certified by this document in the term of such authority. That is, in the period for which the power of attorney is issued. What are the details of the power of attorney? The very title of the document - "power of attorney", as well as the full personal data of the principal and the attorney, their full name, the number and place of the document, the signature of the principal and, of course, the very content of the transferred powers, are directly related to them.

Varieties of the document

The power of attorney can be classified into three types, based on its content:

• Single;
• Special;
• General.

The first is issued for the performance of only a specific action. For example, getting a pension in the bank for January 2016. After the commission of this action, that is, after the representative receives money in the bank for the specified month, the power of attorney will be considered discontinued. It will not be possible to use it again.

A special power of attorney for documents, a sample of which can be seen in any notary's office, as well as a power of attorney for other powers is formalized for an attorney to perform certain several specific actions. To do this, he is given a certain period. Cases in which such a document is issued is quite a lot. This may be the completion of a purchase and sale transaction with subsequent registration, as well as the next transfer of the purchased property for rent, etc. Also, under special power of attorney, the authority to conduct an inheritance case, to receive hereditary property, to register this property, etc. is transferred.

The last type of the document in question involves the transfer of all the powers of the represented person for the conclusion of transactions or other legal actions. Usually the issuance of a power of attorney of this kind is carried out by legal entities to their branches (represented by the head of the branch), commercial representatives, trust manager. The distribution of general powers of attorney for a motor vehicle is common among citizens. According to it, an attorney can not only drive a car, but also make his alienation (sell, donate), and also perform any other actions not prohibited by law.

Form of power of attorney

The document under discussion must be duly executed. Its form can be not only in the form of a separate document committed in writing, but a power of attorney can also be included in a contract or other agreement concluded between an attorney and his principal (for example, a trust management agreement ).

In any case, the power of attorney requires a written form, and in some cases, which are established by law, a notarized power of attorney or certified by other authorized persons is needed. In addition, the document must necessarily contain the signature of the person being represented. If the principal is a legal entity, then, accordingly, such signature is affixed by an officer authorized by the constituent documents. Usually this person is the head (director, general director, president, etc.). In addition, in order to certify the signature of this official, his visa needs to be sealed by the seal of the organization. Registration of the power of attorney is carried out by a notary or authorized persons in a special accounting journal.

Special requirements

In some cases, special requests may be made to the powers of attorney and their requisites. So, if an organization based on municipal or state property wishes to issue a power of attorney to represent a legal entity to a third party who will be given authority to receive money, other tangible assets, then in addition to the signature of the head and the press of the organization, the signature of the chief accountant must also be added.

This requirement is regulated by the Law "On Accounting", which determines that if there is no visa of the chief accountant of the organization, it is prohibited to accept any credit or financial obligations, settlement, monetary documents. The absence of such a signature means the invalidity of the document. Particular attention should be paid to the fact that this law applies to all legal entities located on the territory of Russia. Such a document is called a material power of attorney.

Authorization in financial institutions

The statutory act regulating civil legal relations established that the confirmation of the right to use and dispose of money that is in the account with a banking organization can be carried out using analogues of a handwritten signature. Also, such confirmation can be obtained with the help of all possible codes, passwords and other means that will certify that such an order has been transferred by a person having appropriate authority. However, this form must be established in the contract of bank account, concluded between the client-principal and the bank.

Term

The norm of civil law states that a power of attorney without specifying the date, month and year of its issuance is void. At the same time, the recognition of such a document, drawn up in an improper manner, is void both by the judicial body itself and by any person whose rights and interests are affected.

The nullity of the document implies that not only the legal relations between the attorney and the represented will be invalidated, but also all the results of the representative's actions. In other words, all transactions concluded by an attorney in the interests of the principal, as well as other legal actions that contributed to the appearance, change or termination of the legal relationship between the principal and the third party, will be considered invalid from the moment they were committed.

In addition to the nullity of the power of attorney listed above, the return of the parties (the represented and the third party) to the original provision consisting in the transfer to each other of all received by the transaction of the principal and the attorney and the third party with respect to the representative will be the nullity of the power of attorney. In those situations when it is impossible to return the received in kind (for example, services received, works performed), compensation and compensation in money equivalent are made.

Trust

Legislation provides for the right of the principal to transfer his powers not only to his representative, but also through him to a third party. This third person can obtain such powers by drawing up a power of attorney in the order of re-delegation. At the same time, certain requirements must be met. Such a power of attorney will be signed by an attorney who is endowed with the appropriate authority by the principal. In this document, the represented person indicates the possibility of the attorney to transfer the obtained powers to any third parties. This is a prerequisite. In the case where the document does not specify the representative's right to delegate such powers, it can not be transferred.

The legislator provides for the duty of the representative to notify his principal that they have been delegated to some third party. In addition, the attorney is still obliged to provide other information about the person to whom these rights are transferred, including those of interest to the person being represented. This is due to the fact that the relationship between the representative and the representative is personal. In this case, only the notarized power of attorney is valid in the order of re-delegation.

Termination

The norms of civil legislation provide for the possibility of revocation of the power of attorney, as well as the waiver of it. As a consequence, there is an end to absolutely all legal relationships that occur either from the will of the representative or from the will of the representative. Such a will can be certified by a notary. The power of attorney can be canceled at any time. The restriction of such right is recognized by the law as invalid. Another reason for terminating this document is the expiry of the term for which the power of attorney is issued.

What is the termination of a power of attorney? Effects

By law, the document in question will be canceled after the person is notified of the cancellation of his attorney. A similar duty is assigned to the successor of the principal. In addition, the cancellation of this document must be notified to third parties who are known to the person being represented. The civil law established that upon cancellation of the document, the attorney must immediately return the power of attorney to the person being presented. What is a power of attorney from now on? From the moment of the termination of the power of attorney, all actions on it will be declared invalid.