A power of attorney for receiving funds is a special document that gives the right to a certain person to manage the finances of the account holder. In order for it to be valid, it should be certified by a notary public, although there are cases when there is no need for such a procedure. We will examine in more detail what kind of document it is, why it is needed, and how it should be drawn up.
What is a power of attorney for receiving money? Varieties of submitted documents
So, a power of attorney to receive funds is a paper that can be issued by an organization or
an individual and which ensures the right of the person who received it to receive financial resources (payments, pensions, salaries) and dispose of them. There is a whole procedure for issuing this document. In addition, the power of attorney may be invalidated.
There are several types of powers of attorney:
- one-time (using it you can receive a certain amount of money only once, it is valid for a very short period of time);
- general (provides the authorized representative the full breadth of authority regarding the issuance of financial resources to him);
- special (has a very narrow range of operations).
What documents are needed for execution, and what paragraphs should the document contain?
In order for this paper to be valid, a very small list of documents should be provided during registration:
- passport (on both sides);
- identification code;
- legal address of the principal (if necessary).
As for the period when the submitted paper will be valid, it must be indicated at the time of its preparation. However, the maximum period usually does not exceed 36 months from the date of signing the document. Now we will consider what points the power of attorney for receiving funds should contain:
1. Passport data of those persons who enter into a transaction (also TIN, legal address, PSRN).
2. Surnames and initials of trusted parties.
3. The basis that makes possible the conclusion of such a document.
4. Place of issue, as well as the date on which the power of attorney was attested.
5. Signature of the person who issues the document (of course, with a surname and initials).
6. Indication that this document only allows the receipt of money.
7. Determination of the right to transfer the power of attorney to other persons.
8. Validity of the document (if it is not specified, then most often the paper becomes invalid 12 months after the date of signing).
Features of the power of attorney
First of all, it should be noted that it cannot exist in verbal form. That is, all conditions, terms and contents of authority should be set out on paper. At the same time, it should be certified
with the seal of the organization and a notary.
A power of attorney to receive funds must be signed by a person who transfers powers to another person. As for the assignee, its certification is not mandatory, as the transaction is unilateral in nature. That is, a proxy can either refuse to fulfill the powers or transfer them to a third party (if indicated in the document).
Today, there are a lot of power of attorney samples in which you only need to fill out the necessary items. The document must always be with the person for whom it was executed. It should be noted that the power of attorney from the organization should be signed not only by its head, but also by the chief accountant. The document is certified by the seal of the company and the notary.
In what cases can a document be declared invalid, and how to do it?
The power of attorney loses its power in the following cases:
- its validity has expired;
- she was canceled by the person who betrayed her;
- the assignee or principal has died;
- the legal entity that received (issued) the document has ceased to act;
- the exercise of these powers or refusal of them;
- court decision.
The procedure for canceling a document should also be recorded on paper. For example, the head of the organization must issue a special order to terminate the power of attorney. After this, the previously executed document must be returned to the person issuing it.
In what cases does the document require notarization? Who else can attest the power of attorney?
So, in order for the submitted document to have any legal force, it must be certified by a specialist (notary). However, there are situations when his work is impossible. In these cases, a power of attorney from an individual may be attested by other people:
- directors of social protection institutions, places of deprivation of liberty;
- chief physician or chief of a military hospital (unit);
- the commander of the ship.
Notary services are not needed if you need to apply for a pension, salary, scholarship, alimony. To certify such a power of attorney, the signature and seal of the official of the organization that issues the funds presented is sufficient.