Today, with the high development of entrepreneurial activity, such an element of representation as a power of attorney for the right to sign is widely used.
For the correct execution of the power of attorney in writing (simple) form, you should know that, on the basis of law enforcement practice and the law, this type of document should be contained.
Firstly, the power of attorney (for the right to sign documents) must contain the name of the document, the date and place of commission, registration number, signature of the head and seal. In addition, it is necessary to pay special attention to the text of the document and the volume of rights that are delegated to the authorized representative. A list of actions must be drawn up that this authorization will allow to fulfill, and if necessary, a third party is specified precisely in relations with which the power of attorney allows representing interests.
Do not use common phrases such as “and other powers of attorney” when preparing a document. These wordings can create unnecessary disagreements regarding the determination of the authorized boundaries of the representative. Specific (important) credentials should be described in detail.
As an example, consider the following situation. The arbitration court received an appeal from an individual entrepreneur V. with a claim to CJSC M about the invalidity of the supplementary agreement drawn up to the lease agreement, which was concluded by citizen M acting on the basis of a power of attorney. Entrepreneur V., in substantiating his requirements, argued that he allegedly entrusted M. to carry out activities that were related to domestic household needs, but in no case sign an agreement on his behalf. However, the text, which had a power of attorney for the right to sign contracts, indicated the opposite. Civil law rules take into account the literal meaning of all expressions contained in a document, when interpreted.
A literal interpretation of the powers of a person representing the interests of citizen V. indicated in the power of attorney showed that the plaintiff had provided the attorney to citizen M. to take any action on all necessary matters relating to him as the owner of real estate in the city of K. with the right to sign the necessary agreements and contracts, as well as making any changes to them. It turns out that the entrepreneur determined the boundaries and conditions for the implementation of the order, which does not give grounds for a different interpretation of the text of the contested power of attorney.
This example clearly shows that a power of attorney was drawn up for the right to sign, which contained not at all those powers that the principal allegedly granted to the attorney.
Thus, in order to avoid such situations, the power of attorney should contain the main text drawn up so that no one doubts who the representative is, who the person is, what powers are specifically presented, and also what the power of attorney is for Signature has legal validity.
If we talk about the validity period of trust documents, then this attribute is indicated in the form of the document, and it cannot last longer than three years from the date of issue.
A power of attorney for the right to sign issued for a long period is fraught with some danger. A situation may arise when the principal begins to doubt the honesty of its authorized representative before the document expires. Upon the occurrence of these circumstances, the power of attorney for the right to sign should be immediately withdrawn. To do this, you must notify the authorized representative in writing of the return of the original document.