A general power of attorney is ... Definition of a concept, order of conclusion, granted rights

Traditionally, a general power of attorney means a document providing unlimited authority to the person who represents the principal. The execution of such documents should be carried out in accordance with regulatory legal acts. That is, a general power of attorney is a power of attorney for all powers. The best way to arrange it is to draw up on a verified form or sample.

The concept

In fact, Russian law does not address such a concept. But in practice, a general power of attorney is a document that provides the person who received it with unlimited authority to carry out any transactions and actions on behalf of the person who issued it.

In particular, such actions are:

1. Any transactions with movable and immovable property of the principal, for example, the acquisition or sale of any property.
2. Disposal of financial assets of the principal, receiving due remuneration and payments for it, including scholarships, pensions, wages.
3. The right to make any transactions related to the acquisition of property, the use of banking products (loans, deposits).
4. Receiving, using correspondence, which is directed to the name of the principal and to his address.
5. The right to represent the interests of the principal in litigation, enterprises, other legal relations.

Legislative regulation

Issues relating to general powers of attorney are legally regulated by the Civil Code, namely Articles 185-189. Such documents are not allocated as a separate type of power of attorney, and therefore there are no special rules for their execution, except for the need for notarization. Such a requirement is solely due to the nature of the paper: transactions requiring notarization are possible only if a general power of attorney is certified by a notary. This need is fixed in the first part of article 185 of the Civil Code of the Russian Federation.

It is worth noting that the established form for compiling a general power of attorney is not provided. But you must remember that the document must contain certain data. In many notaries, you can take a special ready-made form for drawing up a power of attorney.

Hazards and Risks

This document is characterized by a large number of dangers and risks. They are connected, first of all, with the fact that by general power of attorney it is possible to provide an authorized person with practically unlimited rights to dispose of property. Thus, the danger of providing paper is as follows:

1. Uncontrolled disposal of property, including its sale.
2. The ability to carry out banking operations by proxy, up to withdrawing funds from deposits, using deposit boxes, opening loans.
3. The conclusion of transactions, the obligations of which will be assigned directly to the person who issued such a power of attorney.
4. The principal bearing the responsibility for the consequences arising as a result of the above actions of the attorney.
5. The complexity of the revocation of the document, the unpredictability of the likely consequences.

Moreover, in the event that the principal withdraws the general power of attorney, this does not relieve him of liability for transactions that were completed after the recall. But such a rule only applies in cases where the other party to the transaction was not informed of the revocation of the document.

It should be noted that most of the advantages provided by a general power of attorney can be realized with the help of separate powers of attorney, providing the right to carry out a specific action. So, the law does not prohibit indicating a separate series of specific powers (permanent or one-time) to perform certain actions within the framework of the principal’s interest. Moreover, the rights in the general power of attorney can be combined completely different.

Thus, the main risk of the document is the minimum number of duties assigned directly to the attorney. It should also be remembered that in most cases all transactions made by an attorney cannot be challenged in court if they were concluded by general power of attorney. This is due to the fact that the attorney for the conclusion of the transaction had all legal rights.

Due to the high risk of a general power of attorney, many notaries take an increased fee for its certification.

Document is not always required.

It must be remembered that such a document, like any other power of attorney, in many cases is not required. For example, the legal guardians may represent the interests of a legally incompetent or minor person without a power of attorney, and the employees may exercise certain powers of the employer if such powers are determined by their position or work duties.

The procedure for concluding a general power of attorney

The established form or form for issuing a general power of attorney by federal or regional legislation is not provided. That is, it can be made in a relatively free form. The main points without which such a power of attorney would be considered invalid are the following information, which must be present in the text of the document:

1. Principal's passport data, or installation information of the organization, position, data of the person who issued it.
2. Attorney's passport data, or installation information of the legal entity that receives the power of attorney.
3. Date when the power of attorney was drawn up.
4. Signatures of principal and attorney.

The text of the power of attorney may contain its validity period, but the validity period may be absent. In this case, its validity period is automatically taken equal to one year from the date of issue. A document shall be deemed null and void if the date of the power of attorney is missing.

Requirements for Submission of Submission

Some notaries, when certifying the general power of attorney, in addition to the data described, sometimes require that it necessarily indicate the possibility of re-authorization. If this issue is not indicated in the power of attorney, then it is generally accepted that the general power of attorney provides an unlimited right of substitution. In addition, notarial practice often requires the principal to study the provisions of the Civil Code and information on the likely risks that may arise as a result of the issuance of such a document.

In addition to notaries, a general power of attorney can also be certified by other persons. For example, the head of a penitentiary institution, if the principal is serving a sentence, the unit commander, if the principal is in military service, employees of institutions in which the principal is being treated or trained, etc. About whether it is possible by general power of attorney to represent the interests of the employer is described below.

Features of issuance of power of attorney by the general director of LLC

It often happens that in the absence of the director of the organization there is an urgent need for his signature. The best way out of this situation is to obtain a power of attorney from the Director General for the right to sign. Thus, he becomes his legal representative and has the right to manage the company (enterprise).

Tax Notification

It is worth noting that it is not necessary to notify the tax authorities about the issuance of such a power of attorney. The document is prepared according to the same rules as in the case of individuals. Without fail, it must be signed by the director, and it must also contain the date and duration. But notary certification in this case is not required.

Moreover, the general power of attorney does not extend to all powers, their list is limited by law. The list of delegated powers should be specific and as detailed as possible.

Revocation of this document

In unforeseen situations, as well as if necessary, a general power of attorney may be revoked. This is regulated by the Civil Code of the Russian Federation, namely, article 188. Any power of attorney unconditionally terminates if the person issuing it becomes incapable, as well as in the event of his death, regardless of other circumstances.

If the principal wishes to revoke the power of attorney, he should be obliged to notify the attorney and all third parties about this, of which he is aware of transactions with him under this power of attorney. It is worth noting that the revocation of a power of attorney is not possible if it is irrevocable.