Power of attorney to submit documents - download a sample and fill out the form

Form

Surely everyone understands that the oral form of any agreement does not give it legal force. This also applies to a power of attorney, which must be drawn up on paper. The attorney to whom the document is written will represent the interests of the company. That is why it is signed by the director or other manager. When designing, you can use a regular sheet of paper. Also, a standard template is used for this, which already contains all the important points.

As a rule, registration is carried out in a simple form, without the involvement of a notary. However, there are situations in which the law requires the preparation of a notarial form. The services of a notary are sought in the following cases:

Registration of a transaction requires the mandatory presence of a power of attorney drawn up in notarial form;
The attorney carries out transactions and various actions that are subject to mandatory state registration;
It is planned that the trustee will dispose of the property rights. Moreover, this right is registered in the state register;
In any circumstances when the principal wishes to record the transaction in a notary office.

Types of powers of attorney

Appearance is greatly influenced by the powers vested in the attorney to carry out certain obligations. For example, a special power of attorney is needed when the attorney needs to carry out similar tasks. For example, a responsible employee of a company regularly receives inventory items. Special powers of attorney also include those that allow company employees to drive vehicles. Practice shows that a special power of attorney is used extremely rarely. Other types of this document are the most popular.

Civil Code

In the Civil Code of the Russian Federation, a whole list of articles regulates the preparation and validity of such a legal document as a power of attorney on behalf of a legal entity. It is important for those involved in paperwork to know the requirements of the law:

According to Article 185, paragraph 1, of the Civil Code, a power of attorney can be drawn up in simple written form. It is also possible to have it certified by a notary.
According to the same article 185, paragraph 4 , the document must have the signature of the head of the organization or another person with authority.
Article 186 of the Civil Code (clause 1) indicates the need to indicate the date of preparation of the document.
Article 186 of the Civil Code of the Russian Federation also talks about the validity period of the power of attorney. If the document does not specify a period, it is assumed that the document will be valid for 12 months after its signing.
Stamping is only required in certain cases. According to Article 53 of the Code of Civil Procedure of the Russian Federation, a seal is required for a power of attorney, which will be used for representation in court.

At this time, the organization may not have a seal, if this is not provided for by the charter. These are the current legal norms. But if an enterprise or firm needs to participate in legal proceedings, it will be necessary to think about obtaining a seal.

General power of attorney to represent the interests of the organization

This power of attorney gives a full range of powers. Its bearer is allowed to perform various actions while acting as a representative of the company. Here the attorney has no restrictions; he has the right to dispose of the assets and other property of the company, make real estate transactions and perform other significant actions. If a company needs a representative to protect its rights in court, the holder of this power of attorney can become one. He can speak not only in court, but also in other institutions.

( Video : “Everything about drawing up a power of attorney”)

Features of a general power of attorney

The main feature of such a document is that it gives the representative the maximum possible rights. Having such a power of attorney in hand, the representative is allowed to transfer the power of attorney to someone else. Due to the huge range of powers, this power of attorney must be certified by a notary. Moreover, the general's license can be issued not only to employees. The law does not prohibit a company from making third parties its representatives.

As a rule, if an organization issues a general power of attorney, managers act as attorneys, for example, deputy director, head of department and other officials. This is explained by the fact that this type of power of attorney requires maximum responsibility from representatives. The Labor Code states that in this case, the trustee is assigned certain duties, rights and responsibilities. For example, when making transactions under a general power of attorney in the interests of the company, the trustee becomes financially responsible.

Drawing up and signing

It is necessary to determine exactly what powers will be transferred to the attorney.

ATTENTION! If it is necessary to limit the scope of his powers, a special power of attorney (for a certain type of action) and a one-time power of attorney (for only one action) is issued.

The power of attorney must accurately indicate the details of both parties. If in doubt, you should limit the validity period of the document. A power of attorney can be revoked, but the third parties to whom the power of attorney was granted must be notified of the revocation.

The fact of the loss of such a document cannot be ignored, since it can be used for your own purposes. It is worth immediately notifying those who may be presented with a document about the loss to perform certain actions on behalf of the company.

One-time power of attorney

When a representative needs to perform a specific action, a one-time power of attorney is issued. For example, this document is needed if the attorney is entrusted with receiving goods, sending documents, selling property, etc. It is worth noting that after the transaction has been completed, the power of attorney automatically loses its force.

Absolutely anyone can play the role of a trustee. The head of the company chooses who to issue a one-time power of attorney himself. Naturally, the personal and moral qualities of the attorney are taken into account. After all, this is the only way the principal will be sure that the attorney will fulfill the instructions assigned to him. This could be one action or several.

It would be useful to indicate the competence of the attorney. For example, if he is issued a power of attorney to receive cargo, then you can indicate that he is allowed to sign the accompanying papers. As a rule, to issue a one-time power of attorney, there is no need to engage a notary. But if the attorney has the opportunity to draw up a deed of power, it will not be possible to do without the services of a notary.

Who can represent the interests of the organization

Until 2012, there was a rule obliging organizations to issue a power of attorney exclusively for their employees. It was the company employee who had the right to represent its interests in various structures. But today the law does not prohibit issuing a permit to any citizen. In fact, the organization is allowed to write it out not only to a former employee, but also to a stranger.

Another company also has the right to represent the interests of the organization. This can often be encountered when two companies cooperate. Often there is a need to replace each other, protecting interests in various authorities. Naturally, the corresponding powers of attorney contain information that one company is authorized to represent another.

If any responsibilities are assigned to employees of the organization, a power of attorney must also be issued to them. But there is no need to draw up such a permit if the attorney is the head of the company. After all, he must always protect the interests of the company. But you need to remember that a power of attorney is necessary for heads of departments and other employees holding high positions.

What documents will be required

The permit is drawn up with the consent of the head of the organization. But first you need to prepare the necessary documentation. These include:

memorandum of association;
position;
extract from the Unified State Register of Legal Entities;
manager data;
documents confirming official authority.

This documentation fully reflects all information about the principal and the attorney.

How to draw up a power of attorney to represent the interests of an organization in 2020

Many companies use the appropriate form for these purposes. Here, responsible persons must enter information in the blank lines. The document must contain the full name of the organization, information about the authorized representative, and a list of powers.

You can use a ballpoint pen to fill it out. If you select manual filling, try to write legibly. A more convenient option is a computer set. After printing, the principal must put a “live” signature here.

Contents of the power of attorney

Particular attention must be paid to the content. After all, it is this information that allows the representative to fully fulfill the assigned obligations, but at the same time he will not be able to exceed his authority. You also need to provide the following information here:

Legal form of organization;
Validity;
Date of signing of the power of attorney;
KPP codes, INN, OGRN;
Legal address of the company or its office;
Position, full name and other passport details of the manager who signs the power of attorney;
Personal information about the representative;
A detailed list of assigned powers;
Director's signature.

Free samples, recommendations

Find out which types of powers of attorney must be notarized and which are not.
Download free sample documents. Article navigation

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What we certify to a notary

A power of attorney is a transfer of your authority to another person or organization. Such a document can be received by both legal entities and individuals.

Such a document is drawn up in any form by hand or computer typed.

The document must contain points that fully disclose its purpose. Namely:

Title. Typically, this is the name of the document itself.
What and how the trustee should do. It is imperative to indicate the date the power of attorney was written, otherwise the document will not come into force.
Details of the one who trusts and the one who is trusted. If this is an organization, you should indicate the company details. If an individual, passport data (usually the first, second pages and registration).
What rights are you transferring to the trustee? That is, what exactly can a person to whom you have entrusted the solution of a particular issue do on your behalf.
The period during which the document has legal force (not always).
Signature of someone who trusts.

Sample power of attorney to represent the interests of an organization

Formatting the main part of the document

The basis is the “body” of the document itself. There should be information here that allows you to easily identify the representative. As a rule, this is passport data from other identification documents. It would be useful to specify where exactly the person on whom the organization entrusts such responsibility lives.

The text needs to reflect the essence of this document. So write that the bearer has the right to act as a representative of the company, protect its interests, and carry out instructions. Indicate that the attorney is allowed to enter into any transactions with various organizations.

As a rule, the trustee accepts obligations to the company by signing the text of the document. The director of the company certifies the consent of the attorney. After the power of attorney is signed, the attorney has the rights to carry out the prescribed transactions.

Duration of power of attorney

The law specifies several cases when a document loses its force:

the term has expired;
liquidation of the trustee organization;
the representative is declared incompetent or has died;
the trustee no longer wishes to carry out instructions.

As a rule, such a power of attorney is issued for a period of up to three years. The minimum period is unlimited. It all depends on the orders that will be carried out. It is recommended to specify the deadline in a separate paragraph. It is worth noting that in the absence of a specific period, it will be equal to one year. The date of registration is considered the beginning of this period. Naturally, in order to know when the countdown of this time begins, it is imperative to indicate the date of compilation. In its absence, the document is considered void, i.e. has no legal force.

There are cases in which the validity of a document must begin after a certain time. In this case, you need to indicate the exact date when exactly this should happen. Often the deadline is marked by a specific date, and the action continues until 24 hours of that day.

Often a power of attorney is issued to perform a specific action. At the same time, this is indicated in the document. Accordingly, the power of attorney loses its force immediately after the specified event. It must be taken into account that not every event can be determined whether it took place or not. That is why, if there is not enough information about when the event should take place and how this can be accurately determined, the power of attorney is considered to have no specific validity period. So it is equal to one year.

( Video : “Power of Attorney: new rules”)

There is much debate about the maximum validity period. This is due to the fact that previously the law prohibited issuing a power of attorney for a period of more than three years. However, as of 2013, this requirement was abolished. Thus, in 2020, the power of attorney has no restrictions on the validity period. Although practice shows that many organizations, out of habit, continue to issue such a document for a period of up to three years. As for the minimum terms, there are no restrictions here either. Here everything is decided by the director of the trusting company.

Signatures of the parties

A power of attorney can be called a one-sided document executed by the principal. In fact, there is no need to obtain the consent of the representative to draw it up. At least, this is not provided for by law. If the attorney's signature is missing here, the document will still have legal force.

But practice shows that signatures are almost always affixed by both parties. Representatives also sign a document confirming that they accept the assigned obligations. If an organization gives an employee authority, it implies that he is willing to carry it out. Otherwise, drawing up a power of attorney simply loses its meaning.

How to compose

A power of attorney is an important legal document that requires proper and accurate drafting. According to such a document, the right is transferred to an individual to carry out certain actions on behalf of a legal entity. When drawing up a power of attorney, the type of activity of the organization or the form of ownership does not matter.

ATTENTION! To draw up a power of attorney from an organization, the most important thing is to comply with the template and the accuracy of the wording of the powers that the legal entity transfers to its representative.

The general form of this document is available on legal websites, from the pages of which you can download a suitable sample and fill it out.