In legal terminology, the concept of a power of attorney indicates that such a document is executed only if there is absolute trust in the person or circle of persons in whose name it is drawn up. The content of the document should fully cover those actions of the proxy that the principal authorizes to perform. It is important to understand that this kind of unilateral transaction has legal force in cases where it complies with the norms and letter of the law.
Document Definition
The document on the basis of which one person transfers his authority, the right to represent interests in state institutions, commercial structures to another, is called a power of attorney. The concept and legal definition of a document are contained in the Civil Code of the Russian Federation. This document is always in writing. It is issued to an individual or organization (legal entity).
According to the current legislation, a competent person who has reached the age of majority can draw up a power of attorney. In exceptional cases, these may be citizens from 14 to 18 years old, recognized as legally capable as a result of marriage (Articles 21 and 27 of the Civil Code of the Russian Federation). If a minor (14-18 years old) has limited legal capacity, then he can also act as a principal in concluding transactions within his functions.
Parents or legal representatives can issue a power of attorney on behalf of their young children or persons recognized as legally incompetent.
Varieties
At the legislative level, the concept of the types of powers of attorney, representation is fixed and deciphered. The main difference falls on the participants, who can act as:
Legal entities:
- Irrevocable. It is not subject to cancellation of the period previously established in it. Cancellation of a power of attorney is possible only under conditions determined by its content.
Ordinary citizens (in whose name an ordinary power of attorney is drawn up):
- General - to perform any action in any organizations and institutions.
- One-time - to fulfill a specific order, for example, to conclude a purchase and sale transaction.
- Special - issued for the repeated representation of a third party and the performance of its functions in the specified organization or institution for a certain period of time.
The power of attorney can be issued for one or more persons, have the appropriate name, unilateral or multilateral.
Principal identity
Before the document is executed, the notary must make sure that he has sufficient legal capacity or, if it is a legal entity, legal capacity. The individual with the information verified with the passport data may be taken into account another document that replaces it.
The notary must notify the principal of the legal consequences that may result from the execution of this document. This is done with the aim of eliminating the infliction of material damage or causing harm to him.
For how long is it drawn up?
Regardless of the form and concept of the power of attorney, the term can be indicated or not. The starting point for the start of a document is the date it was issued. Without specifying a specific period, only an irrevocable power of attorney can be issued. If the date is not indicated, then such a power of attorney is considered null and void. In the event that there is no deadline in the text of the document, it is considered that it is issued for one year.
The concept of the term of the power of attorney has its maximum value - not more than three years. If a document is drawn up to represent interests outside the Russian Federation, then an indication of the term is not a mandatory attribute. It will act until the principal cancels it.
The concept of the type and term of the power of attorney does not depend on the form in which it was concluded, the requirements are the same and fixed at the legislative level.
Document Execution Form
Today, there are two ways to draw up a power of attorney: paper and electronic. The requirements for content design are the same for both. The document must contain all the necessary details. The main points are enshrined in law, in particular, in civil law. The concept of a power of attorney, terms, participants, as well as the provision on the nature of the content and the date of registration, the signature of the principal and the witness data, the requirements for the press - everything is fixed by law.
The paper version can be executed in simple written form, must contain the necessary data for its recognition as valid, be executed on clean paper without blots. A power of attorney is also drawn up at a notary's office. A document is drawn up on letterhead with the emblem of the Russian Federation appearing in ultraviolet radiation.
Electronic version
Recently, an electronic type of power of attorney has begun to operate. It turns out to be indispensable if the principal and the authorized representative are in different cities and even countries. The design process looks like this:
- A person who wishes to draw up a document addresses a notary public.
- The specialist draws up the document, verifies its identity with the option in electronic form.
- Certifies the electronic power of attorney with its electronic signature.
- It sends to an authorized person who, having addressed to any notary's office, transfers the electronic version of the document and receives a paper one.
Exceptional cases include those that cannot be certified in this way - simple written forms of power of attorney. The concept and types of documents that are obligatory for execution only by a notary are fixed in Art. 163 of the Civil Code of the Russian Federation.
General power of attorney
This document can be issued to both legal entities and individuals, most often has a 3-year deadline. As a rule, it is drawn up in the following cases:
- Transfer of rights to drive a vehicle.
- Real estate transactions.
- Signing of documents, contracts and other securities.
- If necessary, carry out operations on bank card and deposit accounts, sign loan agreements.
- Representation of interests in government bodies, municipal and other institutions.
The conditions and requirements for the execution of the document, the procedure for cancellation and termination are similar to other forms of power of attorney.
Representation in court
In practice, it often happens that an individual or representative of an organization is forced to entrust the performance of his functions in court (regardless of instance) to another person. In such cases, you can also issue a power of attorney. In legal language, such a person will be called an attorney. There are a number of restrictions that are imposed on this participant in the process. For example, they cannot be a prosecutor, investigator, judge. In case of consideration of the case in the arbitration court, assistant judges and employees of the judicial apparatus may not act as attorneys.
The attorney gets the opportunity to perform the following functions within the power of attorney:
- Get acquainted with the case materials.
- To submit challenges and petitions.
- Provide necessary evidence in the case.
- Appeal decisions and interim measures in the framework of production and others.
The contents of the power of attorney may also cover other powers that the principal is ready to transfer to his attorney.
Who issues the power of attorney?
There are several institutions that can issue a written order of the principal to a third party, all of them are united by one concept. The form of power of attorney that occurs most often is notarial. Accordingly, it is authorized to draw up a notary public.
It is also possible to draw up a power of attorney at a bank to carry out operations on accounts that are open in the name of the principal. This document is executed free of charge, is not issued on hand. Information regarding the attorney is recorded on the account in the framework of which the power of attorney is issued. As a rule, it indicates which operations it applies to.
The Civil Code of the Russian Federation clearly states what is included in the concept of a power of attorney and who can issue it. It also says in which cases a submission may be issued. The powers of attorney executed as:
- In prisons, the chief at the request of prisoners.
- At the location of the military unit, institution, compound, military educational institution by the head or commander of the institution at the request of military personnel, their families. However, it is important to comply with the condition that there is no nearby notary chamber where these persons can independently apply.
- In military medical organizations, sanatoriums, hospitals in which a soldier is being treated. The document is certified by the signature of the head, his deputy, in case of their absence - by the senior or doctor on duty.
If the power of attorney is drawn up outside the notary's office, then the person who signed it must have the powers enshrined in the constituent documents.
Possibility of Submission
The legal justification for the concept of power of attorney is explained by the fact that, according to its content, the principal can transfer its rights to another person. However, if there are no instructions in the document for the commission of this action, the possibility of transferring rights is considered invalid.
The fact of reassignment must be known to the principal. A person who has delegated his authority, notifies this as soon as possible, indicates the data of a third party. If this is not done, then those who entrusted their rights will be responsible for the consequences that may occur.
Relationships within the framework of the reassignment must also be certified by a notary public. As for the terms, they can not be more than those indicated in the original power of attorney. As soon as the main power of attorney ceases to operate, the other (which is framed in the framework of the re-delegation) also ceases to operate.
Cases in which reassignment is not possible
It is impossible to transfer the rights to another person, that is, to delegate powers within the framework of a issued power of attorney if its content is related to questions about receiving a salary, scholarship, allowance, pension. This also includes payments that are listed as a reward for the work of inventors, authors. This type of power of attorney, the concept of representation allow you to immediately distinguish between the place of its execution. For example, when finding a principal in inpatient care. This document cannot be trusted by law. It is worth noting that there is no fee for certifying a document.
Grounds for termination
There are several forms of termination of a power of attorney. The concept and specific conditions are fixed by the legislator. He points out that the main reason for terminating the power of attorney is the expiration of its validity. However, there are other reasons for this action:
- Cancellation by the principal or cases of renunciation of his authority by the authorized person.
- The loss by the principal of the right to issue a power of attorney as a result of a bankruptcy process.
- Recognition of the attorney or principal as dead, partially or completely incompetent, missing.
- Termination of the notary public who issued the power of attorney.
- Liquidation or other reason for termination of activity of a legal entity that acted as a representative or principal.
The principal, who issued the power of attorney and canceled it later, must notify the other side of this (trusted).
Risks arising from late cancellation
If timely measures are not taken to cancel the power of attorney, then the principal may experience unpleasant consequences:
- An attorney may actually be a scammer.
- Relations between the parties may deteriorate.
- The principal can simply forget about the validity period of the document.
In order to save yourself from the onset of possible risks, you must immediately cancel it after taking the actions indicated in the power of attorney. Therefore, before issuing such a document, it is important to know what the concept of representation by proxy includes. With the growth of information services, it is possible to check whether the power of attorney is canceled or not in a matter of minutes. For this, there is a special resource that contains data on all issued similar documents. The principal must turn to any notary who enters information into the special register of the Unified Notary Information System.