What is a power of attorney
A power of attorney is a document that has legal force immediately from the moment it is drawn up and certified by a notary or the head of an organization. Its essence lies in the fact that the principal allows the attorney to perform the designated actions strictly prescribed in it. For example, draw up or pick up the necessary papers, represent your interests, or issue a power of attorney to receive a certificate.
Important! A power of attorney can be issued to several representatives, designating specific powers for each or common powers for all.
Any individual who has legal capacity and has reached the age of majority, or a legal entity has the right to be an attorney.
A free-form power of attorney on behalf of a minor is issued only with the consent of his legal representatives (parents or adoptive parents).
If you need to write on behalf of a person with limited legal capacity, you will need permission from the trustee.
Drawing up a power of attorney
When to use
A legal entity will be required if its agent, on behalf of the company, is sent to another organization, government agency or other institution to obtain important documentation.
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An agent of an institution does not necessarily have to be its employee. Thus, the company can be represented by a lawyer in court.
In order for the authority to provide documents, a copy must be submitted.
It can be drawn up for one or several attorneys at once. Several employees can pick up papers for an organization.
If the record sheet is picked up by a representative of a citizen or organization, the details are indicated next to the note of receipt along with the signature. Usually the date of its issue and the number, if one was assigned to it, are indicated.
How to write a power of attorney
As for the form of the designated paper, the legislation states that it can be drawn up on a regular A4 sheet. You can also make a power of attorney to receive documents by downloading a sample from the Internet, if we are talking about transferring the powers of an individual to another individual. face. If the principal is a legal entity, then each organization has a fixed form of power of attorney to receive documents, which is filled out in accordance with the indicated points. It is certified either by the head or by a notary.
Regardless of who draws up the legal paper. or physical persons, mandatory details must be strictly specified. These include:
- Passport data of the subject that issues the registration, as well as all the data of the person to whom the designated powers are granted.
- In addition, it is necessary to indicate the place of residence of the principal and the attorney.
- A complete list of powers performed.
- It is also required to attest to such a fact as the possibility or impossibility of transferring trust.
- Describe the place of receipt of documentation and implementation of certified actions.
- The date of compilation is written in words, not numbers.
- Personal signatures of the parties, if both participants are present, since unilateral execution of such paper is allowed.
Despite the simplicity of its preparation, this document, which indicates what specific actions the attorney has the right to perform, must be drawn up in accordance with established standards. If the attorney needs to pick up papers or execute them, then such an action is clearly stated. When there is no such instruction, he has no right to perform actions other than those prescribed.
In addition to the indicated actions, the full details of who is completing the registration, as well as to whom the authority is transferred, are indicated. If the principal is a legal entity, then it is necessary to record its detailed details and the dates when begins and ends .
The validity period directly depends on the designated date. For example, if a document is issued for 5 months, then the attorney can carry out the prescribed actions for 5 months. In addition, it can be issued for one-time use. The maximum permissible period for which it is issued is three years. If the date is not indicated, then the validity period extends to one year. Upon expiration of the agreed deadlines, the power of attorney for execution of documents will need to be redone.
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Kinds
A power of attorney to receive documents is drawn up in a special form, which presupposes a clear separation of specific rights granted by the first person to the second. The validity period of the application is also subject to differentiation: it can be one-time, urgent, or unlimited. Officially, powers of attorney are divided into three types:
- One-time. Gives the right to receive a medical policy and a driver's license with their subsequent transfer to the principal. The scope of this type of application applies to specific documents issued in a single copy.
- Special. The principal entrusts his representative with the full settlement of certain legal relations and handling of all necessary documentation.
- General. Complete transfer of representation, allowing the second person to conduct the affairs of the first on any issues, and bear financial responsibility instead.
One-time
Provides the right to a one-time receipt of documents by a second person instead of the first. Issued for a specific period or until a specific date. Legal relations end upon expiration of the period of validity of the representation or upon provision of the necessary documentation to the principal. The power of attorney form for receiving documents includes the personal data of the first and second person and the name of the documentation being received.
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Special
This is a power of attorney for the right to receive documents, which is provided by the principal for the entire duration of the legal relationship with a third party. Representation in this case includes the full management of the principal’s affairs in the specified area, affixing a personal signature on the received documentation. Such legal relations are terminated after the principal submits a corresponding application or upon termination of the legal relations in which the representative was engaged.
General
The first person grants the second the right of full representation to the third, regardless of the action required. The sphere of influence of a general power of attorney covers a wide range of legal relations, and its content is not limited. The following types of activities can be entrusted to a trusted person:
- settlement of issues related to property;
- representation in resolving financial matters, obtaining plastic cards;
- transfer of management of an enterprise or company;
- receiving and signing any documentation received from private and government organizations.
Example of a power of attorney to receive documents
POWER OF ATTORNEY
January 15, 2020
I am a citizen of the Russian Federation, Ibragimov Leonid Valeryanovich, born on November 25, 1970, passport – 4567 789858, issued on May 25, 2015 by the department of the Federal Migration Service of the Russian Federation, living at the address: Murmansk city, Magistralnaya street, building 19, apartment 20,
TRUST
citizen of the Russian Federation Marusyak Valentin Leonidovich, born on July 22, 1998, passport - 4587 987634, issued by the department of the Federal Migration Service of the Russian Federation on August 17, 2013, living at the address: Murmansk, Starotirovskaya street, building 15, apartment 45, to represent my interests in Mafin LLC ", which is located at the address: Murmansk, Peschanaya street, building 51, office 23 (TIN 000000000000, OGRN 0000000000000), with the right to receive all papers on my behalf (this includes certificates, conclusions, and extracts). Therefore, I transfer to him the right to sign all the necessary documents that will be required to fulfill the above powers.
The validity period of the power of attorney is 1 year. The attorney has the right to delegate this power of attorney.
Signature of the authorized representative __________ Marusyak M.L.
Signature of the principal ___________ Ibragimov L.V.
This is interesting! How to issue a power of attorney for the right to sign documents
How to create your own form
From a legal entity
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Large enterprises often use company letterhead. However, a standard A4 sheet will do. The template can be drawn up by hand or on the computer.
It is important that the official’s signature and seal be affixed to the paper.
The principal has the right to transfer powers to any citizen of the Russian Federation who has reached the age of majority. Organizations typically grant appropriate authority to employees.
Power of attorney form for receiving documents
The form may be one-time in nature or valid for a certain period. You can include a line about the possibility of movement.
Decor:
A cap | The word “Power of Attorney” is written at the beginning. |
Main part |
|
Final part |
|
In 2020, the legislation has undergone changes. The need for the obligatory presence of a seal on a legal entity. the faces disappeared. However, a number of authorities continue to require impressions.
Power of attorney
Moscow September 29, 2020
Phoenix LLC (OGRN 9876543211234), represented by director Arkady Viktorovich Lobashov, acting on the basis of the charter, trusts Evgenia Olegovna Mostaikina, passport series 1234 No. 567891, issued to the Moscow Department of Internal Affairs, Moscow, residing at the address Moscow st. Oktyabrskaya, 31 apt. 49A, obtain an extract from the Unified State Register of Legal Entities for Phoenix LLC from the Federal Tax Service, sign and carry out all manipulations related to the implementation of the order.
The power of attorney is valid until December 31, 2020.
signature of Mostaykina Mostaykina E.O.
director Lobashov Lobashov A.V.
The finished form can be registered in a special journal, if available.
Sample of a completed power of attorney to receive documents
From an individual
To do this, you need to draw up a simple power of attorney. The law allows you to have a document certified by a notary. However, it is not necessary to carry out the procedure. The form is also not established.
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The form must indicate the passport details of the inspection person and the attorney, place of residence, a full list of powers, the presence or absence of mobility, and the place of receipt of documents.
The date of compilation is indicated in the final. The participants in the transaction affix personal signatures. In office work, it is customary to indicate the place of issue. However, this information is not mandatory.
Information must be presented clearly. Errors, strikethroughs, and corrections are unacceptable. Their presence will result in the government agency refusing.
Power of attorney to receive documents
September 29, 2020
Yoshkar-Ola city
I am a citizen of the Russian Federation, Artemyev Stepan Yurievich, date of birth 07/05/1989, living at the address: Yoshkar-Ola, Bogdana Khmelnitsky Street, 79, apt. 119A, passport 1111 111111, issued on July 11, 2009 by the Federal Migration Service of Russia for the Republic of Mari El,
I trust
Nikolaev Andrey Nikonorovich, date of birth October 18, 1987, living at the address: Yoshkar-Ola, Mebelshchikov Street, 31, apt. 17, passport 1234 123456, issued on October 27, 2007 by the department of the Federal Migration Service of the Russian Federation for the Republic of Mari El, to represent my interests in BoliNet LLC, located at Yoshkar-Ola, Traktorostroiteley Street, 48, office 3, with the right to receive extracts, certificates, conclusions and other things. I give him the right to sign all documents that may be required to complete the assignment.
The power of attorney is granted for one month. I do not allow you to entrust the order.
Signature of Nikolaev A.N. I certify.
Personal signature /signature/ Artemyev S.Yu.
Personal signature /signature/ Nikolaev A.N.
The power of attorney is drawn up in two original copies. One of them remains with the principal, the other with the representative.
Certification by a notary
The paper is drawn up in free form, that is, arbitrary, but compliance with the designated structure is considered an indispensable condition. But the legislation provides for a number of transactions, as well as actions, where it is necessary that a power of attorney, written in any form, or drawn up on a special form, must certainly be certified by a notary. These include:
- Completion of transactions such as transfer of debt, assignment of claims, rent agreement, conclusion of a marriage contract.
- Submission of documents for registration of state rights.
- The provided deed of trust must be certified by a notary.
- Representation of interests in court.
- Representation of interests in the Federal Tax Service, but certification by the management of the organization that delegates such powers to its representative is also allowed.
- Issuance of an irrevocable power of attorney (that is, its term ends according to the designated date).
Important! Certification of a document by the management of institutions is equivalent to a power of attorney certified by a notary.
This applies to military personnel, persons in prison, and sailors at sea.
In a number of transactions, a power of attorney must be certified by a notary
Power of attorney form
Representing interests in the Federal Tax Service regarding obtaining the necessary papers is a very responsible matter, therefore, the power of attorney for the transfer of documents or execution, indicating the exact powers, should be correctly written to the attorney. The power of attorney form to receive documents from the tax office must be certified by a notary or certified by the head of the organization who compiled it.
Power of attorney form
Do I need to certify the certificate?
This is not always necessary.
There is a need for notarization of paper if you plan to carry out the following actions:
- re-confidence;
- conclusion of an agreement;
- entering information into the register or changing it.
A number of government services are provided only personally to the citizen.
A similar rule applies if you are obtaining a passport. In some situations, it is more appropriate to issue a form for representation of interests in court or a general form. Notarization can be performed in relation to any certificate confirming the fact of transfer of any rights.