Power of attorney to the arbitration court: how to draw up an agreement to formalize powers

Litigation always takes a lot of effort and time, and also requires specific knowledge in jurisprudence. As a result, to protect their own legitimate interests in the arbitration court, individual entrepreneurs, legal entities or citizens sometimes have to resort to the help of representatives with the necessary knowledge and qualifications. In this situation, a corresponding power of attorney is drawn up to represent one’s interests in the arbitration court. What this document is, what types it comes in and how to prepare it correctly is described in detail below in the article.

Power of attorney to the arbitration court - what is it?

According to Art. 61 of the Arbitration Procedure Code of the Russian Federation, a representative in an arbitration court is vested with certain powers, which are separately prescribed in:

power of attorney or other certificate (in cases established by international treaties with the Russian Federation or federal Russian legislation);
statement of a representative made during a court hearing. This fact is separately stated in the court record.

In accordance with the provisions of Art. 185 of the Civil Code of the Russian Federation, a power of attorney to an arbitration court is a written authorization by which a representative represents the legitimate interests of his represented person. The person who is represented has the right to:

Individual (citizen).
Firm, company, plant (legal entity).
IP.

What is the validity period of the document?

The principal and the attorney have the right to independently set the validity period of the document.

The expiration date for a power of attorney may be a certain situation: the completion of the stage of judicial proceedings, the issuance of a judicial act, etc.

The parties can indicate any period in the power of attorney, since the regulatory legal acts of the Russian Federation do not establish any restrictions on this. If the power of attorney does not indicate its validity period, it will have legal force for 1 year from the date of signing.

Watch the video. How to terminate a power of attorney:

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What types are there, design principles

The power of attorney comes from:

Individual.
Legal entity.
IP.

Registration of the corresponding powers of a representative in the arbitration process is carried out on the basis of Art. 60-62 Arbitration Procedure Code of the Russian Federation and Art. 182, 185, 186 Civil Code of the Russian Federation. The power of attorney contains the following details:

mandatory;
additional, reflecting the priorities of the represented person.

A power of attorney can be issued to a legally capable person aged 18 years or older. Moreover, investigators, court office employees, prosecutors, judges and their assistants do not have the right to be representatives. However, this prohibition, in particular, does not apply to those cases of legal proceedings when the persons cited are representatives of various government agencies (Article 60 of the Arbitration Procedure Code of the Russian Federation).

Power of attorney to represent the interests of an individual entrepreneur

Regardless of which body and for which powers an individual entrepreneur issues a power of attorney, one should remember the general requirements for the registration of this representative office.

The power of attorney to represent the interests of an individual entrepreneur is subject to the following provisions:

on the written execution of authority for representation before third parties;
on the right of an individual entrepreneur to authorize both one person and several different persons at once;
on the date of execution of the power of attorney;
about the validity period of the power of attorney. The term is not an essential condition and may not be specified, but in any case, the power of attorney from the individual entrepreneur is valid for no more than three years. If the period is not specified, then such a power of attorney is valid for a year.

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Sample power of attorney to conduct business in court

It is best to entrust the protection of your interests in court to professionals. So, you can issue a power of attorney for your representative. Moreover, it must be drawn up correctly so that no unexpected obstacles arise during the court hearing (a sample can be downloaded here).

As a result, when applying to an arbitration court, the representative can be an individual entrepreneur, a legal entity or an adult capable person. However, the prosecutor, investigator, judge, court secretary and other judicial employees do not have the right to represent legitimate interests (except for exceptional cases given in Article 60 of the Arbitration Procedure Code of the Russian Federation). The power of attorney for an individual entrepreneur, citizen or legal entity separately stipulates some of the powers of the representative given in Art. 62 Arbitration Procedure Code of the Russian Federation.

How to fill it out correctly

The correctness of drawing up and filling out the document will determine whether a proxy will be allowed to represent the interests of the defendant or plaintiff in the Arbitration Court. In these circumstances, all official papers are checked with special care; the servants of Themis will not make concessions in case of violation of requirements.

Of the important nuances, the authorizing document from the organization is filled out on company letterhead; it is better to write the date in words so that there are no discrepancies; the final page of the power of attorney for the arbitration court is sealed or certified by a notary.

Pay special attention to the credentials section. They are general and special. Sometimes the principal may confine himself to the wording of giving the attorney first rights, and this will be enough for admission to arbitration cases. But it is better to specify the rights of the representative as much as possible - this will avoid unwanted court decisions. To be on the safe side when filling out the document, it is worth having a good example of a power of attorney for the arbitration court for clarity.

What information should be in the document

The laws of the Russian Federation do not establish a single sample of a judicial power of attorney for a representative. However, according to para. 2 p. 1 art. 186 of the Civil Code of the Russian Federation, if it does not indicate the day of registration, it is considered void. In addition to the date of compilation, it must indicate the following details (Article 182-188.1 of the Civil Code of the Russian Federation):

Name;
place of registration (city (town, other populated area) in its entirety). If representation in an arbitration court is executed by power of attorney outside the notary’s office, this document must also indicate the address of issue;
personal data about the represented person and his representative. For an individual, full name, registration in Russia, series and number of passport (issued by whom and when), date and place of birth are indicated. If the paper is issued to a legal entity (IP), it must indicate the full name of the organization, legal entity. address, actual address (if not the same) and reg. number (if available);
validity. If it is not specified, the document is considered valid for 1 year (clause 1 of Article 186 of the Civil Code of the Russian Federation);
powers vested in the representative.

Attention! At the end of the document, the signature of a representative of the enterprise (firm), individual or individual entrepreneur is placed.

Articles:

Sample power of attorney to the FSSP from an organization

Power of attorney to represent the interests of an individual entrepreneur

How to describe the powers of a representative, which are specified separately

During the court hearing, the representative has the right to perform all his necessary work. However, some of his powers are specified separately in the power of attorney. So, according to paragraph 2 of Art. 62 of the Arbitration Procedure Code of the Russian Federation, it must separately stipulate the following special powers of the representative in the arbitration process:

signing or withdrawing a claim;
transfer of the arbitration case to an arbitration court;
official refusal of the claim (from all claims in the claim or only from some);
recognition of a lawsuit;
drawing up an agreement on the actual circumstances of the case;
drawing up a settlement agreement;
withdrawal of security for the claim;
replacing the current subject of the claim with another;
transfer of trust, that is, transfer of one’s own powers to another person;
filing an application for review of court decisions, resolutions (acts) if new significant circumstances arise within the framework of the arbitration case under consideration;
filing an appeal against a judicial act;
receiving in hand money and other property that the court has awarded to the represented person.

Notary's comment: Thus, if the above powers are not specified in the power of attorney itself, the representative does not have the right to exercise them on behalf of the represented one.

Powers by proxy

The list of powers that can be transferred by proxy is quite large.

If a power of attorney is issued to protect the interests of an organization in court, the attorney is granted the following rights:

prepare and send statements, petitions and lawsuits. In this case, the representative has the right to sign all papers himself;
increase and decrease the amount of claims;
change the subject of the claim and the basis;
refuse demands;
return the statement of claim;
enter into agreements with the other party;
appeal court decisions;
refer the case to arbitration;
receive court orders;
delegate powers to a third party, etc.

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Principal and representative

The person who grants another person the authority to protect the interests of the organization in legal proceedings is the principal. The other party is a representative, or in other words, an attorney.

A representative is a person who is given the right to participate in a lawsuit by an organization.

The representative may be:

a person who is officially employed by this organization. Basically, to protect the interests of a legal entity in court, an employee of the legal department or accounting department is appointed as a representative;
a person not related to the organization. Thus, an experienced lawyer from a law firm can be appointed as a representative;
hired employee.

The law does not establish restrictions on the number of attorneys. The principal has the right to transfer rights to several persons at once, for example, he can appoint 2 lawyers at once (from his company and from a law office).

After an authorized person of the organization issues a power of attorney, his participation in court will not be required. An attorney will represent the interests of the organization.

Duration of the document and change of trustees

Sample letter for early revocation of power of attorney

The legislation establishes limits for the validity period of such a document, unless otherwise provided in its text, and this is one year from the date of preparation, after which the power of attorney automatically becomes invalid.

If necessary, you can set other deadlines:

if we are talking about a specific period, then it is worth identifying it clearly;
if the specific date is unknown due to the impossibility of assuming the duration of the arbitration process, then you can get out of the situation with the wording: “The representation is valid until the arbitration court makes a decision on such and such a case.”

If during the legal proceedings it becomes necessary to stop the validity of the document or appoint another representative of the entity, then a letter written on the official letterhead of the enterprise and informing about the changes is sent to the appellate court.

To whom can a power of attorney be issued?

A citizen, individual entrepreneur or organization can appoint as their representative only a legally capable person whose powers are formalized in accordance with the law.

If the representative is an individual entrepreneur or a company, you can issue a power of attorney:

An employee of an organization - an employee of the legal department, an economist, an accountant.
A person providing services on the basis of a civil contract, for example for the provision of legal services.
A person who is neither an employee of the representative nor a performer under a civil contract.

Individuals may issue a power of attorney to represent their interests in the arbitration process to any legally capable citizen. It does not matter whether such a citizen has a legal education or not. It doesn’t matter whether he has legal status.

The status of a lawyer in itself does not make it possible to act in proceedings without a power of attorney, if the lawyer does not have a warrant to execute an assignment issued by a lawyer (Article 6 of the Law “On Advocacy...” dated May 31, 2002 No. 63-FZ).

Let us remind you that some persons conduct business in arbitration proceedings without a power of attorney. For example, the head of an organization, an arbitration manager. The same applies to legal representatives. For example, the parents of a minor child act on behalf of the latter on the basis of documents confirming their status (birth certificate). All other representatives must have a power of attorney.

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