Procedure for drawing up and samples of a power of attorney to receive money

What is a power of attorney to receive funds?

A power of attorney is a document that has legal force and is subject to mandatory certification, providing for the granting of specific rights of action to a certain person. Without such an official document of trust, it is impossible to receive money on someone else's behalf. Even if the trustee has confidence in the person receiving the funds, the delegation of authority should be documented - this is a mandatory requirement based on legal norms.

Such a power of attorney is a type of civil law written document. It is issued by a legal organization or an individual to provide a citizen with certain rights to receive funds on behalf of the one who provides this trust document. This document requires mandatory certification.

In what cases is it necessary to prepare a document?

A power of attorney to receive money for another person is issued when, for various reasons, a person cannot receive funds in person: due to health reasons, due to a long absence, or other circumstances. In such situations, you have to turn to the help of third parties. A trust document is required as a written consent to represent the interests of the principal and is required when issuing money on the following grounds:

• wage;
• scholarship;
• allowance;
• pension payments;
• payment under contracts for the performance of work and services;
• Carrying out banking operations (returning deposits, withdrawing interest, receiving transfers);
• carrying out other types of financial transactions.

Kinds

Most often, a trust document for receiving money is drawn up by enterprises when its representative, who has the authority to carry out this procedure, is not able to complete it. Then, as necessary, he draws up a document of trust for another person, whom he grants with the corresponding rights.

Such a power of attorney is divided into three types, which depend on the specific purpose of its execution: one-time, general and special. To understand what each type is, it is recommended that you familiarize yourself with the following table:

Nuances of filling

Filling out a power of attorney to receive funds has quite a few nuances, since the format for drawing up varies depending on where and by whom this document will be executed.
Let's look at each feature separately. ( Video : “Everything about drawing up a power of attorney”)

Power of attorney to receive funds from Sberbank

In the case when a trust document is drawn up at Sberbank or other financial institutions, a standard type of drafting is used, including additional information. These include:

• complete information about the bank;
• a list of monetary procedures, namely receiving a transfer and withdrawing money from a bank account;
• amount required for issue;
• a text requesting a bank employee to issue cash available on the balance sheet of an individual or enterprise;
• the presence of signatures of both parties, which confirms the legal validity of this document.

Sample

For a legal entity

When filling out is carried out from a legal entity, the official company will be the witness. At the same time, she authorizes her employee with certain rights to receive money. As labor practice shows, such situations represent the receipt of money for any services, or for the sale of various goods.

Most often, a document of trust of this type is issued to sales agents or carriers who are in close contact with clients.

As with the previous document, the power of attorney is written on a standard form, which also obliges to include all the necessary information:

• date and place of document preparation;
• the full name of the company and its bank details, including TIN and registration code;
• information about the general director of the enterprise;
• personal data of the authorized person and his position;
• list of transferring rights to the attorney - here is the receipt of funds;
• a document confirming the request for payment of money;
• the amount is indicated only if the power of attorney is drawn up for one-time use. If the trust document provides for a regular basis, this parameter may not be specified;
• information about the funds received and for what they are due to the principal;
• validity period of the trust form;
• information about the client, including his actual residential address;
• signature of the head of the enterprise;
• Stamp of the company.

It should be noted that the form of such a trust is not required to be certified by a notary. To draw up such a document, you can use special forms of M-2a forms.

Sample

From physical faces

The next nuance to be considered is the filling out of a trust document from an individual. It should be noted that the attorney can be any person with the citizenship of the Russian Federation and already an adult, since in the future he will receive all the necessary funds.

The law does not provide for a specific form for drawing up a document of this type; therefore, writing such a power of attorney is allowed in any form. However, do not forget that even in the absence of strict rules for filling out, the text must contain all the important information:

• the date of drawing up the trust document is an important point in filling out, since in the absence of this record, the document will be considered invalid;
• where this document was issued;
• name of the form – in this case “Power of Attorney”;
• Full name and passport information of the principal;
• the same information about the authorized person;
• clearly and concisely specified powers entrusted to the attorney;
• the exact amount of money received;
• receiving address and full company name;
• additional instructions are required as necessary;
• period of validity of this trust document - here it is allowed to indicate any validity period of this form; if it is not specified, the validity period will be equal to one year;
• the presence of a signature of an individual who transfers the right to receive cash to another entity.

It is very important to understand that in a power of attorney from an individual, his signature cannot be an official confirmation of the authenticity of the document. Since this form is of a financial nature, and the signature can be easily forged by fraudsters, it must be certified by a notary service.

Sample

At the post office

A trust document for receiving cash can be issued at any post office in Russia. As with other types of filling, this is also characterized by the standard form of the document. However, the main filling parameter changes - you must indicate the full name of the postal institution that will receive and issue funds.

Basically, such competencies are given in order to be able to receive a pension for an entity that is not able to carry out all the necessary operations. In this case, the trust document must contain the full name of the principal and his full information on the pension passport.

It should be noted that all employees of postal institutions are required to familiarize their clients with all the important nuances of filling out a power of attorney for receiving cash.

Sample

Power of attorney to receive salary

To fill out a document of trust at work, employees of an enterprise are allowed to follow a certain template, which, as a rule, is drawn up in accordance with the internal order of the company. To transfer the competence to conduct financial transactions, it is necessary to draw up a document of trust in any of two ways. This can be done in person or by printed text in electronic form. In all cases, registration is made on a standard sheet of A4 paper.

The final step is the notary's signature and a special seal, which puts this form into effect.

Sample

Types of powers of attorney

Depending on the purpose of provision, the nature of the trust document is distinguished:

• one-time;
• special;
• general (general).

One-time

This type is intended to perform a one-time action. For example, it is compiled for one banking transaction (taking a deposit, transfer), one-time receipt of a salary, scholarship, cash benefit. Its peculiarity is that the transfer of rights takes place only once. The specific amount that the trustee receives does not have to be determined, but the type of transaction and the period for receiving funds under the trust document must be indicated.

Special

With this type, you are allowed to perform several similar operations over a specific period of time, for example, carry out several banking operations (withdraw interest on a deposit and withdraw the deposit itself), receive a scholarship over several semesters. The period of use and selection of financial services in the power of attorney are specified separately. The amount received may not be indicated.

General

The purpose of using a power of attorney of this type is to enable the trustee to exercise all the rights of the principal. A specific amount of money is not provided for this type. A citizen can regularly use such a power of attorney to take different amounts at any time. The document can determine the possibility of transferring your rights to another person within the designated period of trust.

Power of attorney with the right to receive funds

The opportunity to receive money is also given by a power of attorney, which combines the representation of the interests of the principal in any authority and the right of the trustee to receive funds. Granting the authority to receive money is usually necessary when conducting civil court cases in the event of an award of property, including funds to be paid, when carrying out business activities of an enterprise, or when assisting in the selection of financial services.

Who can act as a principal

The subject who is trusted can be any capable person who has reached eighteen years of age. Family ties are not a prerequisite for transferring the right to receive money. A minor, even an incapacitated person, can act as the initiating person under a power of attorney; in this case, the trust document is issued by his legal representatives. The authority to receive funds is also delegated by legal entities, as a rule, when making payments to an organization for goods, services, or work.

Certification of the document

When issuing a power of attorney from legal organizations, the guarantee document is certified by the personal signature of the head and the seal of the enterprise. A document from an individual principal must be certified by a competent person, who may be:

• notary;
• a representative of the organization itself that pays cash - its manager (boss) or an employee vested with similar powers.

The following officials can sign from the certifying organization: director, authorized bank employee, chief accountant (for his employee), head of a social security institution (special boarding schools, homes for the disabled), head of a medical institution, head of a colony/prison (for those serving a sentence), military unit . The principal from the certifying organization (excluding a bank) must be connected by labor (official) relations or be in hospital treatment.

Directions for using a power of attorney

Let's consider the main points where the issuance of money is possible only by proxy: (click to expand)

• issuance of wages by a third party;
• issuance of a pension by a third party;
• issuance by the buyer (customer) of money for a product sold, an item of trade, or services provided (at this point, the principal usually has a legal form of ownership - an enterprise, organization, and their employee, such as a manager, agent, carrier or driver, acts as a trustee );
• issuance of one-time payments of various nature to a third party.

It may be impossible to issue money to an individual due to a number of reasons, for example, a business trip or illness. It is necessary to take into account that the subject of the trustee must be legally capable, i.e. over 18 years old.

Sample power of attorney

To draw up the document, you can use a ready-made form or draw up a power of attorney to receive money for another person yourself using a sample. However, for example, credit institutions practice filling out forms in the presence of persons and, as a rule, the power of attorney is generated automatically by employees of the institutions. In the case of notarization, a form is also not required - the document is drawn up by the notary himself.

Do I need to certify a power of attorney?

Some trust powers do not require notarization. They can be certified:

• the organization in which the principal works or studies;
• housing maintenance organization at the place of residence;
• administrative employees of the medical organization where he is being treated in a hospital;
• the bank in which the principal's deposit is located;
• post office where correspondence is received.

The form is issued free of charge with the right of subsequent reassignment.

Other types of powers of attorney that are not included in this list must be certified by a notary.

How to write a power of attorney to receive money

The execution of the document is regulated by the Civil Code of the Russian Federation, Article 185. A power of attorney to receive money for another person is drawn up in writing with the personal signature of the principal, presented by him personally or by the authorized person to the institution where it will be used. The organization has the right to review the provided trust paper by checking the signatures on the form and the identities of both parties, making appropriate marks on it.

Required details

The power of attorney must contain the following information:

• full name of the official document;
• Full name, passport details, residential address of individuals - the principal and the trustee;
• list of transferred powers (operations, actions);
• date of signing;
• place of registration;
• validity;
• signatures of the parties;
• signature of the certifying persons, seal of the organization.

How to register correctly

Despite the fact that there is no legally established strict form of the document, when drawing up a power of attorney to receive money for another person, it is necessary to observe the correct structure of the document form - name of the document, date and place, data of the principal, data of the authorized person, essence of the document, signatures of the parties, signature and seal witness. Monetary amounts must be written both in numbers and in words (in brackets). Competent drafting of a document is very important: if the necessary data is missing, it may be considered void.

General provisions

Parties to the transaction:

• The principal is a legal entity that transfers specific powers to the second party (JSC, LLC, individual entrepreneur and other forms).
• An authorized party is a subject who receives a power of attorney to receive money from a bank or carry out other actions (specified in the document).
• A third party is an organization (structure) that transfers finances at the request of a trustee after the transfer of papers confirming such right.

• One-time - designed for a one-time action. As a rule, it is issued by individuals (citizens of the Russian Federation) and allows them to withdraw a pension, scholarship or other payments.
• Special - issued to carry out a group of actions of the same type (for example, withdrawing a pension within a year).
• A general power of attorney to receive money is usually issued by legal entities and involves the transfer of broad powers to the principal.

Duration of the power of attorney

The maximum possible validity period of a trust document is three years. A one-time power of attorney specifies a specific time period for performing actions. If this parameter is not set, then the default validity period of the document is set to one year. The principal may at any time exercise the right to revoke the document he has signed by notifying the trustee within a short period of time.