The organization’s power of attorney for the organization is drawn up when the company wants to transfer its authority to another company. The article considers the features of compiling a power of attorney, requirements for it and legal aspects that are important when delegating authority from one legal entity to another.
When do you need documents
As a rule, interaction between legal entities occurs on the basis of contracts. And the company’s representative office is drawn up for an individual. Situations when filling out a power of attorney from organization to organization are rare. This confirms the lack of clear legislative regulation on the representation of the company.
However, there are a number of situations where it is necessary to issue a power of attorney for another company in order to represent the interests of its own company. For example, customs brokers may be asked to present a power of attorney to a legal entity that transports or owns storage warehouses. And this requirement will be legal, despite the contract concluded between the companies. To avoid problems with the preparation of certain documents, the company can write to the organization.
A power of attorney is needed if the company wants employees of another organization to receive correspondence for it. It is still possible to draw up a representation contract with an organization that provides legal services (for example, in court).
The legislation does not fix a direct opportunity for vesting authority on an organization, but it does not prohibit it either. In paragraph 3 of Art. 45 of the Civil Code of the Russian Federation indicates that a legal entity may be a representative if it has the appropriate authority. It is also indicated in the recommendations of the notarial chamber.
There are many cases when a legal entity should represent the interests of a company. And service agreements cannot be presented to third parties as a representation document. To do this, you need to draw up a power of attorney, which assigns certain powers to the organization.
How to issue a power of attorney
In preparing the organization's power of attorney for the organization, the same actions should be performed as in the design of a regular representative office. The document may be urgent and unlimited, drawn up in a simple form or notarized.
General rules
When compiling a power of attorney of an organization, the following items should be indicated:
- The full name of the organization that writes out the document for the representative office, its details, registration address, TIN, etc.
- If the power of attorney is issued by the director, you should indicate it When an authorized person deals with this, it is necessary to enter his data and the document on the basis of which he performs his activities.
- Details and full name of the company that receives the authority.
- Data of the contract on the basis of which a document on representation is issued.
- The list of powers exercised by the representative company (for example, making payments for services, representing interests in court).
- The right to reassignment. If you do not specify it, then the company will not be able to write a power of attorney for an employee of the organization and instruct to act within the framework of the specified document. Therefore, the right to reassignment must be made without fail.
- Power of attorney expiration date.
- Date of compilation of documents.
After the document has been drawn up, it is signed by the chief director or authorized person and a seal is placed on the power of attorney of the organization. From this moment the guarantee comes into force.
Power of Attorney
Representation document does not have a limited validity period. It can be issued for 5 years and 10 years. If the letter of attorney for the organization does not indicate a specific expiration date, then it has legal force for 1 year. After the expiration of the period of relevance of the document, it is recognized as null and void.
Credentials
The power of attorney for the representative of the organization must indicate a specific list of powers. Representation document may be:
- one-time - for one specific legal action;
- special - issued for the commission of similar actions during a certain period of time;
- general (general) - represents complete freedom of activity in the mission.
The scope of authority of a representative in a document may be indicated both in general wording and in more detail. The most common powers for an attorney are:
- Management and disposal of the organization’s property, unless the transaction is within the competence of the general meeting of shareholders.
- Representation of the company in state or municipal bodies, as well as in other organizations and institutions.
- Conducting civil and administrative cases on behalf of the company with all procedural actions in the judiciary.
- Receiving any correspondence on behalf of the principal.
- Disposal of cash and non-cash funds of the company.
- Any other actions that are specified in the document.
Cancellation of power of attorney
The head of the company can cancel the power of attorney at any time. In this case, the transfer of trust also becomes null and void. The person issuing the document must notify the representative of the termination of authority. This action involves the immediate return of the power of attorney to the principal.
Based on article 188 of the Civil Code, an authorization document loses legal force in the following cases:
- cancellation by surety;
- expiration of the power of attorney;
- refusal to exercise powers by a representative;
- reorganization or termination of a legal entity.
Types of Power of Attorney
The power of attorney provides a specific legal entity with the opportunity to perform certain actions. The most common types of representation documents are:
- power of attorney for the right to sign documents - issued for activities during the execution of any contracts (for example, a legal entity may be given the opportunity to sign documents on behalf of another organization, if necessary);
- power of attorney to receive technical and material values - provides the right to other persons to accept goods and materials by order or agreement with the supplier;
- power of attorney for receiving correspondence - the document is executed when the addressee for valid reasons cannot receive mail;
- power of attorney to receive wages;
- to receive a pension;
- to represent the insured person before the insurance company;
- to receive the goods;
- power of attorney for driving;
- power of attorney in the Social Insurance Fund - transfers the right to represent the interests of the organization in the Social Insurance Fund;
- in the FIU - it provides an opportunity for an attorney to receive documents, submit reports to the Pension Fund;
- to the bank - gives authority to the attorney to carry out banking operations on behalf of the enterprise (as a rule, such a power of attorney is issued to the head of the organization);
- to the tax.
Cancellation of the power of attorney after the dismissal of the head
There are times when a new director takes office, but has no idea who represents the interests of the company. However, you should know that after the dismissal or death of the head of the power of attorney does not stop. The fact is that he issued a document on representation not on his own behalf, but on behalf of a legal entity that continues to exist.
In article 188 of the Civil Code of the Russian Federation all the reasons for the termination of the power of attorney are indicated, and among them there is no such reason as loss of official authority by the director. But it should also be remembered that the employee in whose name the power of attorney was issued does not lose his authority on the representation document after dismissal. Therefore, when dismissing subordinates, the right of guarantee should be revoked from them.
Thus, the power of attorney of the organization to the organization provides an opportunity on behalf of one legal entity to perform certain actions by another company. The process of drawing up a document of representation for another company is identical to the procedure for issuing a power of attorney for an individual. The conditions for termination of the guarantee are described in the Civil Code of the Russian Federation in the same way as the grounds for the transfer of the representative office.