Art. 185 Civil Code of the Russian Federation in the new edition

Notarial acts are legally relevant behavioral acts of certain individuals. They are committed by entities authorized to do so.

General information about the activity

The subjects include:

1. Private practitioners and notaries working in state offices.
2. Officials of local executive bodies.
3. Authorized representatives of consular posts.

They carry out the execution of wills, powers of attorney for:

• The right to dispose of, use the property of other owners.
• Representation in court.
• Documents receiving.
• Representation in housing and communal services.
• Booking an apartment.
• Receiving orders, etc.

One of the main documents issued by the above entities is the power of attorney. Art. 185 of the Civil Code of the Russian Federation explains what it is, the purpose of this paper and the procedure for its issuance. We will consider this document in more detail later.

Art. 185 of the Civil Code of the Russian Federation (with comments of 2015)

This article provides for the documentary authorization of an attorney. The power of attorney gives the right to make transactions or other lawful actions on behalf of another citizen. As this document under Art. 185 of the Civil Code of the Russian Federation, a written authorization is recognized, which is issued by one entity to another to represent the latter before other persons. The presence of this paper confirms the fact of the transfer of authority to a person carrying out certain actions. The document also defines their content and limit.

Authorization features

Art. 185 of the Civil Code of the Russian Federation (with the comments of 2015) does not provide for the mandatory consent of a representative to draw up a document on his credentials. The paper draws up relations related to voluntary representation of interests. The need for it may be due to various reasons. Paperwork can be carried out within the framework of an employment contract, guarantee, etc. Differences between the scope of powers provided for in the power of attorney with those that are present in the agreement between the persons do not matter to other people. The latter are guided only by what is indicated in the notarial document.

Classification

Powers of attorney vary in scope and content of authority. In particular, there are:

1. General (general) papers. They are issued for the management of the property of the owner. This means that the representative has the right to make various transactions and carry out other legal actions over a specific time period.
2. Special power of attorney. These documents authorize the implementation of actions of a homogeneous nature in a certain area of civil law relations.
3. One-time papers. Such documents are necessary to carry out a strictly defined one transaction or other legal act.
   

Paper for the implementation of actions requiring mandatory notarization must be certified by an authorized person, except as expressly provided in law. A document may be issued in the name of one, two or more persons. Representation can also be carried out from several citizens.

Power of Attorney (Article 185 of the Civil Code of the Russian Federation): sample

Paper should be drawn up in accordance with established rules. First of all, it should be said that the document, in accordance with which the representative is vested with certain powers, must be written. This position is established in paragraph 2 of Art. 185 of the Civil Code of the Russian Federation. The procedure provides for the presence of certain details of the parties. In particular, there must be an indication of the name of the principal and the representative, the term, scope and content of the powers are established. To confirm the validity of the paper in cases stipulated by law, it is necessary to sight it by certain authorities. In the second part of Art. 185 of the Civil Code of the Russian Federation (in the new edition) a list of situations is established when paper confirmation is necessary. In particular, compulsory sighting is required by documents providing the right to make notarial transactions. A certificate is also necessary for powers of attorney, which are issued for actions performed against third parties (including legal entities). In part 4 of this article, exceptions to these requirements are established. Art. 185 of the Civil Code of the Russian Federation (with comments) clarifies that papers for transactions that are issued directly by legal entities do not need confirmation. Among these exceptions there are legal relations, for which, as a general rule, a mandatory notarial form is provided.

Equated Documents

Changes to Art. 185 of the Civil Code of the Russian Federation provide for cases in which a document issued by:

1. A serviceman or other person being treated at a hospital or other military medical institution. Such a document has legal force when certified by the head of the institution, deputy medical unit, duty doctor or senior doctor.
2. Military personnel, workers and employees, their relatives at points of deployment of units, military schools and institutions, formations, where there are no state notaries and other bodies authorized to draw up such documents. Power of attorney issued under such conditions shall be certified by the heads (commanders) of the indicated structures.
3. Citizens in places of detention. The validity of such papers is confirmed by the head of the institution in which the convict is located.
4. Legally capable adult citizens staying in social protection institutions. Such powers of attorney are certified by the head of the relevant body or by the administration of the institution itself.

These additions are given in Art. 185.1 of the Civil Code of the Russian Federation. The adjustments indicated in it took effect on September 1, 2013.

Special cases

As an exception to the general rule for individuals to carry out the most common actions in relation to organizations, it is possible to sight the document not in a notarial order. The certificate in this case can be carried out by any enterprise at the place of study, residence or work, as well as the administration of the hospital in which the citizen undergoes treatment. In the fourth part of Art. 185 of the Civil Code of the Russian Federation established a list of such actions. In particular, they include obtaining:

1. Salaries and other payments that relate to labor relations.
2. Rewards of inventors and authors.
3. Pension.
4. Scholarship.
5. Allowances.
6. Deposits in banks in the accounts of individuals.
7. Correspondence (mail and money).

This list is considered exhaustive and is not subject to expanded interpretation.

Issuance specifics

Give a representative one or another authority under Art. 185 of the Civil Code of the Russian Federation can citizens from 18 years of age, legal entities who are not limited in rights by virtue of the procedure established by law. A document on behalf of the organization must be issued with the signature of the head or other official. The latter should be officially endowed with the relevant powers of constituent securities. The power of attorney of a legal entity is also certified by its seal. In the event that the paper is issued by an organization based on municipal / state property for the issue / receipt of cash and other property values, it must contain the signature of the institution’s senior (chief) accountant. The procedure in accordance with which powers of attorney are issued for the performance of certain banking operations is regulated in the Instructions of the Central Bank. A card with examples of signatures of representatives of a legal entity should be present in the card file of the bank, in accordance with which other employees of the organization who have submitted the relevant documents will receive the necessary amounts from the account. Art. 185 of the Civil Code of the Russian Federation also establishes that documents on the authority to conduct foreign trade operations should be signed solely by the heads of the companies authorized to execute them. Such papers must be certified without fail at the First Notary Public Office of Moscow.

Validity

The power of attorney acts as an urgent document. In this regard, in the first part of Art. 186 recognition of invalidity of that paper in which the date of its issue is not indicated is established. The maximum power of attorney is three years. A document that is issued without indicating the duration of its validity is valid for a year from the date of preparation. This rule does not apply to notarized power of attorney issued to individuals for their legal actions outside the Russian Federation. Such securities are valid until they are canceled by the entity that transferred the authority. The date of execution of the document, as well as its term (if indicated) are indicated in words.

Cases of Termination

They are given in Art. 188 of the Civil Code of the Russian Federation. The power of attorney terminates when:

1. Expiration of the term established in it.
2. Cancellation of its action by the issuing entity.
3. Refusal of a person from the powers with which he is endowed with a document.
4. Liquidation of the legal entity on behalf of which the document was issued or to which it was issued.
5. Death, recognition of a fully or partially incompetent, missing representative or principal.

A person who has received a power of attorney can at any time renounce his authority, as well as the person who issued it, cancel the document. An agreement to waive these rights is considered null and void.

Consequences of termination of a document

They are established in Art. 189 of the Civil Code of the Russian Federation. The person who issued and subsequently canceled the power of attorney is obliged to notify the representative and well-known third parties about his actions, to represent whom, in fact, the paper was drawn up. Similarly, his successors should act in the termination of the document under Art. 188 (paragraph 1, paragraphs 4 and 6). The obligations and rights that arose as a result of the actions of the representative before he was or should have been notified of the cancellation of the power of attorney remain valid for the principal and his heirs regarding third parties. This rule cannot be applied if the person knew or should have known that the validity of the document of authority issued to him had ceased. Upon cancellation of this document, the entity to which it was provided, as well as its successors, are obligated to return the paper immediately.