- What is a power of attorney to represent interests
- Who can act as a trustee
- Types of documents
- Form of power of attorney to represent the interests of an individual
- Simple in writing
- Notarized power of attorney to represent the interests of an individual
- Validity period
- How to properly issue a power of attorney to represent interests
- Required details
- Content and text of the document
- Features of registration for representation in court
- Recognition of the power of attorney invalid
- How to revoke a document
- Cost of notarization of a power of attorney from an individual
By law, a legally capable citizen can instruct another person or company to carry out certain assignments on his behalf. A power of attorney for the provision of interests can affect many areas of an individual's life, including receiving a pension or salary, selling property and performing actions of a different nature. In most cases, the document must be notarized.
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What is a power of attorney to represent interests
According to the Civil Code of the Russian Federation (Civil Code of the Russian Federation), any individual can choose an attorney to perform on his behalf any either a deal. A power of attorney is a document according to which one citizen can act on behalf of another. The procedure for issuing a surety to represent interests is a one-way process, i.e. It is not necessary for an attorney to be present when signing the document.
Who can act as a principal
Any citizen can issue an order to represent the interests of an individual subject to full legal capacity. A child under 14 years of age cannot sign a power of attorney. According to the law, a group of citizens can apply to a notary for a power of attorney. The court recognizes a person as incompetent or partially capable if he suffers from drug, alcohol addiction or is officially recognized as mentally ill. Citizens from 14 to 18 years of age receive the right to issue powers of attorney:
- after marriage;
- when concluding a contract with minors, as evidenced by Article 27 of the Civil Code of the Russian Federation.
In case of partial limitation of legal capacity, a citizen can issue sureties only for the performance of certain operations. These include small household transactions aimed at obtaining gratuitous benefits. Agreements related to the sale or purchase of real estate, cars or other property, the receipt of a salary can be concluded by a partially capable citizen only with the consent of his trustee. An individual entrepreneur, when drawing up a power of attorney for the tax office, acts as an individual.
A power of attorney can be issued for a relative, friend, any organization or group of citizens. If a natural person becomes an attorney, he must necessarily be fully capable, i.e. You cannot issue a surety for a minor. An institution can become a citizen's representative if it has a special license to carry out such activities. The procedure for registration is regulated by the following regulatory documents:
- Article 185 of part one of the Civil Code of the Russian Federation.
- Instruction on the procedure for the performance of notarial acts by state notary offices (clause # 83).
The legislation provides for a situation when an attorney cannot fulfill the duties assigned to him. In this case, he may resort to submission. It is imperative to notify the individual who made the order about the procedure. Full information about the transfer is contained in article 187 of the Civil Code of the Russian Federation. When drawing up a document for several citizens, the principal must indicate the powers of each individual. If the surety is issued to an institution, then the name of the company is displayed in the form without specifying the branch.
Types of documents
Execution of a power of attorney to represent the interests of an individual often depends on its type. A citizen has the right to conclude one agreement and distribute several assignments between different people. The form can be filled in one copy or in several copies for each individual attorney. Representation agreements are as follows:
- One-time. Such an agreement is issued for the performance of one action on behalf of an individual.
- Special. Orders are issued to perform similar actions of the same type.
- General. Issued for full representation of the interests of a citizen.
Form of power of attorney to represent the interests of an individual
The document is of two types: simple and notarized. The first type of agreement is used to transfer rights not related to financial transactions, and the second is used for transactions that do not require the sale of property, for example, for registering a car after purchase. A notarized document for representing interests is also used in the following situations:
- when performing transactions with bank deposits, receiving payment cards, extracts from financial institutions;
- if you need to pick up your child from kindergarten or school;
- for the submission of official documentation to government agencies.
Simple in writing
This type of agreement is used to conduct simple transactions not related to financial transactions. These include checking project documentation, registering an apartment or any other property, obtaining bank statements, etc. For its registration, a citizen does not need to visit a notary. When drawing up an agreement in simple written form, an individual must indicate:
- complete information about yourself and the attorney;
- a list of actions that an attorney can perform on behalf of an individual;
- date of signature.
Notarized power of attorney to represent the interests of an individual
In order to authenticate, the surety is certified in a legal office. A notarized document is required when interacting with government agencies, conducting major real estate transactions and making changes to the state register. As in the case of a written surety, this type of agreement can allow the attorney to perform one or more actions on behalf of the trustee. When drawing up a document, it is necessary to indicate:
- its name;
- full details of both sides;
- the range of interests that the attorney will represent;
- date, time, place of signing.
The attorney may represent the interests of an individual for 1 year, unless otherwise provided by the document. The maximum period of validity of a power of attorney is not established by Russian legislation. For example, an elderly person may enter into an indefinite agreement with relatives to receive their pension. When drawing up the text of a surety, a citizen can often indicate an inaccurate date, and the conditions for the completion of its action.
How to properly draw up a power of attorney to represent interests
The document must indicate its type. The legislation provides for the possibility of issuing a power of attorney to represent interests in print or in writing. If a citizen decides to fill out the form by hand, then the letters must be written legibly. The handwritten document should not contain errors or corrections. A simple and notarized surety is considered valid if it contains the date of writing.
There is no standard template for drawing up a power of attorney to represent the interests of a citizen. The document is drawn up by an individual in any form. Law firms provide assistance to clients in drafting a representation order, but some citizens prefer to do it all on their own. The following information must be reflected on the form:
- Name of the document. The citizen-trustee indicates that this is a power of attorney to represent his interests.
- Place of preparation of the document (city or town) and date of signing.
- Full surname, name, patronymic of the principal, passport data and address of residence.
- Full surname, name, patronymic of the attorney, passport data and residential address.
- The powers that the attorney receives after signing this document. In this section, it is necessary to describe in detail all the actions that a citizen can perform on behalf of the individual whose interests he represents.
- Document validity period (indicate, if necessary).
- Signature of the principal with full decryption.
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Content and text of the document
When filling out the official paper, the principal must describe in detail all the powers of the attorney, ranging from the ability to apply to specific authorities for obtaining certificates and ending with the right to sell property. The text of the power of attorney to represent the interests of an individual may not contain grammatical errors or any corrections. Content example:
“This power of attorney was issued to a citizen (last name, first name, patronymic) residing at the address: (city, street, house and apartment number). Passport data: (series, number, by whom and when issued). A citizen is authorized to represent the interests of the full name and passport data of an individual residing at the address: (city, street, house and apartment number), in government agencies, such as banks, tax and law enforcement agencies, to conduct on behalf of (F. I. O. of the principal) any actions as a plaintiff, defendant, third party in courts and judicial authorities, etc. "
Peculiarities of registration for representation in court
A citizen will have to visit a notary or other authorized body that can certify documents. A simple power of attorney to represent the interests of an individual for a trial or appeal against a court decision will not work. Its authenticity must be officially confirmed. According to the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation), the document must be certified by one of the following persons:
- by the head of the organization where the principal is studying or working;
- by a notary;
- the head of places of deprivation of liberty;
- the chief physician of a medical institution;
- the head of the military unit.
Recognition of a power of attorney invalid
The law provides for the conditions when the agreement between the principal and the attorney should be considered as canceled. We are talking not only about the official revocation of the document, but also about other circumstances that change the term of the surety. An agreement on the representation of an individual's interests is considered invalid if:
- the principal dies, goes missing, is declared partially or completely incapacitated;
- the agreement has officially ended;
- the instructions in the document have been carried out;
- the attorney refused to accept the agreement;
- the person for whom the order was issued died;
- the organization, which was listed as an attorney, was liquidated.
How to revoke a document
Situations often arise when a citizen wants to cancel a valid order. The possibility of revoking a power of attorney is prescribed as a separate item in the form. The order cancellation procedure depends on the form in which it was drawn up. Regardless of the type, the attorney is obliged to return the signed form to the principal after revocation. To revoke a power of attorney drawn up in a simple written form, you must:
- Notify the authorized person in writing about the termination of the surety. This can be done using modern means of communication (Internet, mobile communications) or by mail. A certified letter is sent to the place of residence or temporary stay of the citizen.
- Notify all organizations with which the guarantor was supposed to interact that the document was canceled.
- Meet with a proxy to collect the power of attorney to represent interests.
Actions to revoke a notarized document will be similar. A citizen must contact the specialist who issued the written order and inform him of the revocation. At the request of the client, the notary can independently notify the attorney that the current agreement has been canceled at the request of the principal. Procedure for cancellation of a notarized power of attorney:
- The principal informs the notary about the desire to cancel the agreement.
- At the request of an individual, the notary notifies the attorney that the power of attorney has lost its validity and asks for it to be returned.
- The attorney returns the document to the notary or trustee. According to the law, there is no particular difference in who will keep the revocation of the power of attorney.
- The principal, if the agreement has been transferred to him, comes to the notary, who enters information about the cancellation in the register
If the citizen does not have information about, where the attorney is located, the letter is sent to his last place of residence. By law, revocation of the agreement is considered not as the right of the principal, but as his obligation. If an individual decides not to inform the guarantor, then all his actions will be equated to the own actions of the citizen whose interests he represents.
Cost of notarization of a power of attorney from an individual
Citizens will have to visit a law office to confirm the authenticity of the document. The certification of a power of attorney is carried out in the presence of an individual whose interests it will represent. The minimum cost of this service in Moscow is 200 rubles. According to the law, the need for notarial confirmation of the authenticity of a document arises if it is planned to conduct a transaction with real estate or finance. The cost of certification of a power of attorney in well-known Moscow law firms:
Price of the service in rubles
Notary office on Strastnoy Boulevard
Notary office of Yuldasheva T. V.
200 - notary tariff, 2200 - when performing legal and technical work
Notary Baranova Olga Nikolaevna
1200 for third-party individuals, 800 for relatives
Notary Samokhodkina I. I.
Notary office and translation agency on Okskoy