A power of attorney is a legally binding document that allows a person to act on behalf of the principal in relations with a third party.
The principal can be an individual or a legal entity.
Today, the procedure for acting on a document is quite common, so it is important to know how to correctly write a power of attorney and what information it should contain.
How to draw up a power of attorney
So, let's look at how to write a power of attorney.
This document is not difficult to write. It is legally determined that a power of attorney can be written in any form. The rules for drawing up this document are prescribed in the Civil Code of the Russian Federation.
A power of attorney can be notarized or ordinary. In the first case, notaries have their own special forms on which they draw up this type of document.
If the principal is an individual, you can draw up a power of attorney on a regular sheet of paper. When the principal is a legal entity, the official form of the organization should be used.
There are many types of powers of attorney, so they differ in content. However, there is a set of mandatory data that must be present in any power of attorney. Namely:
- the title of the document is “Power of Attorney”;
- Date of preparation;
- place of compilation;
- personal data of the person trusting: last name, first name, patronymic; date of birth, detailed passport data (series, number, where, by whom, when issued, department code, place of registration);
- personal data of the person who is trusted to perform certain actions;
- the text of the power of attorney itself (what exactly is being trusted);
- personal signature of the trustee.
When a document is issued by an organization, it is necessary to indicate the full name, full name of the manager (sometimes his passport details - but the requirement is not mandatory) and detailed details: TIN, OGRN, legal address.
The power of attorney is written in the language of the country where it is valid.
Sometimes it is necessary to prepare powers of attorney for several people at once. In this case, the Civil Code allows you to formalize everything on one form.
All representatives are listed sequentially, indicating all fiduciary actions for each.
And each of them can perform only the functions listed for him in the power of attorney. Or the document can indicate that all functions are performed jointly.
The content of the power of attorney includes an accurate and detailed description of the actions that are entrusted to the authorized person to perform. It is precisely what is stated in the document that the authorized person will be given the right to.
For example, if a simple power of attorney to receive correspondence received by an organization or another person at the post office does not state that the person has the right to sign, it means that he will not be able to receive registered mail or anything else that requires the signature of the receiving person.
You should be especially strict about the content of powers of attorney that are related to financial transactions, material assets, and relations with the bank.
If a power of attorney is issued to perform banking operations, it must detail all the specific actions that are entrusted.
If the authorized person is authorized to withdraw (transfer) funds, the bank requires that the power of attorney indicate the specific accounts that this person can operate.
What is a general power of attorney for all powers?
By issuing an official order to an authorized person, the principal conveys to him the maximum possible actions that are performed on his behalf. The authorized person can carry out orders and operations that are specified in the text of the agreement. The authority of the attorney is established by the action of the document, while he is obliged to take into account the interests of the principal and not violate his rights in terms of representation of interests before authorities, courts and other third parties. Despite the wide possibilities of the certifying document, the trustor cannot transfer a number of powers to the attorney, and this is indicated in the current edition of the Civil Code of the Russian Federation. In accordance with Article 53, key evidence other than a notary has the right to be certified by other persons, including:
- the head or other authorized person of the medical organization where treatment is being carried out, for example, a senior citizen;
- commander or other person having equal competence in military units, garrisons where the military personnel serve, including military service;
- head of the institution of the penitentiary system for persons imprisoned by a court decision.
At its core, the execution of a general power of attorney provides for the transfer of a number of competencies to an individual to carry out responsible assignments and instructions, where, for subjective or objective reasons, the trustor cannot be present or perform tasks.
How to write a power of attorney by hand?
A handwritten document does not have any additional nuances.
The main thing is to enter all the standard information displayed in clear and understandable handwriting.
There is no way to prepare on a computer? Feel free to write by hand.
The organization accepting the power of attorney should not have any claims.
Validity
It is necessary to indicate how long the document is valid for. It can be very different - at the discretion of the principal. You can make a power of attorney for a period of one day - for example, to receive specific postal correspondence, a medical policy, or any other documents when the action is limited to a one-time order.
Legal limitation: a power of attorney cannot be valid for more than three years. At the end of this period, you need to sign a new one. If for some reason the document does not indicate a period, then as a standard it is valid for a calendar year from the day it was signed.
Depending on the term and content of powers, powers of attorney are:
- disposable;
- special;
- general
Term
The period during which a general power of attorney (or any other) will be valid is set in accordance with the preferences of the principal, but cannot be more than three years. If the period is not specified, then the validity period of the document is exactly one year from the date of issue. The only exception here is the so-called perpetual notarized power of attorney, which is issued if a person must perform certain actions abroad.
A person who is drawing up a power of attorney for a car or other property can, if desired, cancel the validity of this document by revoking it through the notary involved in its execution. In this case, it is mandatory to inform the person in whose favor this document was issued about the completion of this power of attorney as soon as possible. Until that person receives notice of the revocation, the rights granted by this power of attorney remain in effect. Accordingly, in the same way, the trustee can at any time renounce all the powers that the power of attorney gives him for a car or other property.
How to notarize a document
Today it is not difficult to notarize a power of attorney.
It is enough to come to the notary with a ready-made power of attorney, which he will certify with a signature and seal, entering the data in a special registration book. The notary can also provide you with the service of drawing up a power of attorney, which he will also sign and seal.
The personal presence of the person in whose name the power of attorney is issued is not required. One trustee is enough. The procedure is quite affordable and takes only a few minutes. It takes a little more time if the power of attorney is drawn up by the notary himself.
Possible risks of buyers
If a general power of attorney is issued to obtain the right to carry out transactions with your real estate, then in this case you need to be as careful as possible, because there is a fairly high degree of risk, and this is especially true for the buyer, since he does not know the person to whom this power of attorney was issued. power of attorney, nor the circumstances under which it was signed. For example, a person could be intoxicated or mentally ill, as a result of which he could not account for the actions being taken, as well as sign under the threat of violence, which subsequently gives him the right to demand the revocation of not only the power of attorney itself, but also any transactions that were made with her.
There are also situations when the principal revokes the power of attorney or is not even alive, as a result of which the transaction is carried out using an invalid document. In other words, it is most often not possible to check absolutely all possible situations, and everything can end in lengthy legal proceedings, as well as the loss of real estate and the funds spent on it. Ultimately, situations occur when the power of attorney is nevertheless declared invalid, as a result of which the completed transaction is terminated, and the buyers are simply evicted.
Sample of writing a power of attorney
Power of attorney issued by a legal entity to an individual
Written on the organization's letterhead
Limited Liability Company "Leader"
Moscow, Profsoyuznaya street, 275, building 8, office. 224, phone: 547-92-48
Power of attorney
January eleventh two thousand and three
LLC "Leadership" (TIN 0000000000, OGRN 1111111111111, legal and actual addresses (the same): Moscow, Profsoyuznaya street, 275, building 8, office 224) represented by director Maria Petrovna Sidorova, acting on the basis of the Charter, trusts Mikhail Vasilyevich Petrov, born March 25, 1982, passport (series number), issued by the Moscow Federal Migration Service on September 28, 2000, other. 111-111, home address: Moscow, st. Zelenogradskaya, 10, apt. 20, perform actions in the interests of society at Russian Post offices in Moscow.
This person has the right to: receive incoming correspondence and other items, sign all necessary documents within the framework of this order.
Signature ______ Petrov M.V. I certify.
The power of attorney begins to be valid on January 11, 2003 for six months. There is no right of subrogation.
Director Sidorova M.P.
MP
Who is the principal
According to the accepted interpretation, the principal is one of the parties to the agency agreement . In such an agreement, they are called the Principal (the one who is entrusted with the conduct of affairs) and the Attorney (the one who is entrusted with the conduct of affairs).
What does such an agreement provide: a citizen, on the basis of a power of attorney registered by a notary, transfers his powers to an authorized person to perform legally significant actions on behalf of the principal and at his expense. The parties to the agreement may be individuals and legal entities endowed with civil legal capacity.
Powers can be transferred in full (the exclusive right of the attorney), or only partially. In addition, such an agreement provides for the possibility of determining the period of validity of this agreement, as well as the area within which this right will apply.
Regarding the time of implementation of the agency agreement:
- The agreement may establish a period of time during which the attorney can act on behalf of the principal;
- If the period of validity of the contract is not specified in the document, then the agreement is valid until other grounds for its termination arise.
Material on the topic The judicial system of the Russian Federation: classification of courts and requirements for judges
Legal responsibility for all actions performed lies entirely with the principal . The only exceptions are those activities that go beyond the boundaries of the agency agreement - in this case, responsibility for them will fall on the authorized person.
As for the remuneration of the trustee, this should usually be specified in the agency agreement (paid or gratuitous). If the trust agreement is paid, the procedure for paying remuneration to the attorney must also be indicated in the document.
