Why do I need a power of attorney, I think, almost every adult knows. This is a document confirming the right, for example, of transport management, to be a representative in various organizations, to carry out other tasks related to documentary work. In other words, to be a representative of a person who for some reason is not able to attend.
Question: Does the validity of a power of attorney depend on its purpose? Probably not. Legislation has provided comprehensive information, which refers to the terms of the power of attorney and the beginning of its calculation.
Article 186 of the Civil Code of the Russian Federation states that the maximum duration of a power of attorney is 36 months. This period begins on the day the power of attorney is issued. If the power of attorney does not have a term, that is, it is not indicated, then it is valid only for a year, and if the date of discharge is not indicated, then such a power of attorney has no basis at all.
A document can be drawn up, for example, in one day, and will be valid in a month, or more. How is this explained? The fact is that a person, by the nature of his employment, cannot constantly be in one place, and therefore he draws up a power of attorney with the proviso that it will expire in a month. In legislation, such situations have a positive assessment, that is, they are allowed. Therefore, the validity of the power of attorney will not be calculated from the date of its preparation, but from the date indicated in the document. If the beginning of the power of attorney does not coincide with the date of its preparation, that is, before the agreed day, then this will not be considered a violation.
The Russian Civil Code has raised the issue of canceling the maximum power of attorney of three years. This decision can positively affect civil circulation. Firstly, the costs of issuing power of attorney will be reduced, they can be issued for various periods, up to ten years. Secondly, the power of attorney was issued for a maximum period of three years for security reasons. That is, so that the representative of the principal could not commit a rash and inadequate act. But 36 months, this is also a rather long period. During this time, you can manage to make many inadequate steps. Therefore, the term of the power of attorney may be boldly increased. Everyone will win. And the principal, and his representative, and notaries.
The power of attorney can be of several types. A simple power of attorney, for example, on transport management and more. She is certified, as it should be, in a notary's office, but unlike the general power of attorney, she has few rights. A person who has such a document cannot do anything with the transport, except to ride it for a certain time.
The general power of attorney is a serious document. Possessing such a document, a citizen can perform the following actions: undergo vehicle inspection, change license plate assemblies and assemblies, dispose of a car, transfer, and also sell. Here, the term of the power of attorney is calculated at a maximum of three years.
Nevertheless, even having such a document in hand, the owner of the car is considered the main owner. In the event of an accident, all documents are sent to his address.
Many, selling or buying a car, are in a hurry and do not want to queue at the points of registration of transport, but go to the nearest notary and write out a general power of attorney. On the one hand, it’s quick and easy, on the other hand, if an unscrupulous buyer, then wait for transport tax receipts soon, possibly other fines.
With this design, it is better to indicate the term of the power of attorney for 1-3 months, so that your buyer would not be tempted to operate the machine for a long time.