The power of attorney is considered a demanded document, which can be compiled by different companies or private individuals. It provides the opportunity to transfer certain rights belonging to a particular person to other people. With regard to different rights and privileges, a power of attorney may be drawn up. The concept and types of this document are simple, and in most cases it is not even necessary to contact a notary for certification. The person who compiles this document may enter different data into it, but there is some information that must be included in it without fail.
Documentation Definition
The power of attorney is represented by an authorization transferred to a specific person in writing. It can be issued not only to one person, but also to several persons, moreover, on the basis of Art. 185 of the Civil Code there are no restrictions in the law on the number of citizens to whom powers or powers of attorney may be transferred. The concept and types of this document will be discussed in this article.
The main signs of a power of attorney include:
- necessarily compiled only in writing;
- in certain situations, notarization is required, since it is the notary who confirms that the transfer of rights was really made by its owner, who is capable at the same time;
- it is imperative to contact a notary if the trustee makes transactions related to the purchase or sale of real estate or the sending of applications for state registration of various operations;
- if the documentation is compiled by the company, then it is not necessary to apply for the services of a notary public, since only the signatures of the head of the enterprise or authorized persons specified in the charter of the organization are enough;
- the power of attorney is represented by a one-way transaction, since it is the principal who transfers certain rights and powers to another person or to several persons who can then perform specific actions;
- the document is urgent under Art. 186 Civil Code, so if it does not specify the validity period, then automatically it has legal force only for one month;
- There are two parties to the power of attorney represented by the principal and the authorized representative.
Mandatory information is the paper date. If there is no such information, then it is recognized as invalid.
Appointments
Each person planning to transfer their rights or powers must figure out how to correctly form a power of attorney. The concept and types of this document are simple to study, so even in the absence of a notary public documentation can be drawn up.
The main types of powers of attorney include:
- One-time. It is compiled only for the execution of one action by a trusted person. This usually includes the registration of an object, the conclusion of a transaction for the purchase or sale of real estate. A trustee may also be entitled to sign one contract.
- Special. It is issued to an authorized person, who further on the basis of it can perform the same type of operations for a limited period of time. For example, a company employee may receive the right to keep the seal of the organization, but no other actions can be taken with it.
- General. Based on it, the rights to dispose of property are transferred. The trustee may perform various actions in relation to certain values. The maximum powers are transferred, and also the opportunity is given to independently draw up a power of attorney to transfer rights to third parties, although it must be notarized.
There are many examples of power of attorney, differing in what kind of powers or rights are transferred, who acts as a principal, as well as what actions will have to be performed or which transactions will have to be concluded by an authorized person.
Types by time
The validity of the power of attorney may be different. Depending on this, some types of document are distinguished:
- a one-time power of attorney is issued only for the implementation of any strictly defined action, after which the document becomes invalid;
- long-term involves the execution by an authorized person of various actions during a certain time period.
Long-term powers of attorney are considered the most popular.
What powers are delegated?
Various citizens, companies, and even government bodies may draw up a power of attorney. The concept and types of this document depend on what kind of authority is transferred over it:
- Exceptional. They are certainly written verbatim in the documentation, and usually they are specific, for example, the ability to sign documents for the director of the organization. If such powers are not prescribed in the power of attorney, then it is automatically considered that they are not transferred to the authorized representative.
- General. Represented by a combination of various powers that a proxy can use without fixing verbatim in a power of attorney.
The choice of those or other powers that will be transferred to another person depends on what kind of actions should be performed by an authorized person. In any case, they must be lawful and not beyond the scope of the legislation of the Russian Federation.
When do you need to contact a notary?
If the trustee receives truly specific powers and rights, then you need to contact a notary to certify the documentation. This applies to transactions that require state registration.
In addition to the notary public, certification can be carried out by other specialists in specific conditions. This includes situations:
- the power of attorney is certified by the head physician or doctor on duty at the inpatient hospital for the military undergoing treatment;
- for prisoners, the power of attorney is certified by the head of the prison;
- for a military process, it can be carried out by the head of a military unit where a citizen serves;
- if it is required to draw it up for a minor citizen who is in the care of the state, the social service administration can certify the document.
But standardly different companies and individuals prefer to contact a notary public. How much does it cost to issue a power of attorney at a notary? The cost of this service may vary significantly from one specialist to another. The standard charge for this process is 1 thousand rubles. The price increases if not one citizen but several citizens fit into the document.
Validity
When drawing up a power of attorney from an individual entrepreneur, individual or company, you can specify the period during which it will be valid. If this information is not available, then it is automatically considered that you can use the document only for one year.
The proxy can draw up a power of attorney for another person, which leads to the completion of the reassignment procedure. It is important to notify the original principal about this.
What are the reasons for responding?
A person transferring certain powers on the basis of a power of attorney to another person can revoke this document at any time. The most common recall is related to situations:
- the representative by proxy dies or is declared missing;
- the principal dies or disappears;
- the document has expired;
- the principal at his own request requires the return of the document;
- the company that transferred the authority to another person declares itself bankrupt, closes, or goes through a merger or reorganization procedure.
If the principal independently decides to revoke the power of attorney, then he must notify the authorized person and third parties about this if necessary. Under such conditions, the attorney must immediately return the document.
Main varieties
A power of attorney may be intended to transfer various powers and rights. Depending on this, many of its varieties are distinguished.
Some types must be certified by a notary. You can find out how much it costs to get a power of attorney from a notary directly in the notary's office. However, at least specialists charge 1 thousand rubles for their service.
Power of Attorney from IP
Such a document is compiled by an individual entrepreneur, on the basis of which different rights and powers are transferred to another person. Most often, the need for this document arises to convey capabilities:
- Submission of tax returns or other documents to the tax office;
- IP closure;
- signing documents with counterparties instead of the direct entrepreneur;
- the ability to enter into travel contracts.
A sample power of attorney drawn up with the entrepreneur is presented below.
Document for a car
Often, one car is purchased for the whole family, so many citizens use it to move. Under such conditions, a standard handwritten power of attorney is drawn up for the machine. It does not need to be certified by a notary.
When compiling such a document, information must be entered:
- information about the direct owner;
- lists the main technical characteristics of the machine so that it can be easily identified;
- information about all citizens who can use the machine for various purposes on the basis of a power of attorney;
- date of preparation of the document.
They can even list different actions that can be performed with a car by proxies. If there is no such information, then it is believed that citizens can carry out any operations with the car. Although this document is not required by the traffic police, it may be needed to register a car, purchase an insurance policy, or perform similar actions.
Power of Attorney
Transportation of various cargoes is usually carried out by hired specialists, represented by experienced drivers. In order for them to legally transport the goods, a competent power of attorney for the cargo must be compiled.
When forming such a document, it is prescribed exactly which cargo is transported, how long the power of attorney is valid, where items should be delivered, and who should be involved in transportation, loading and unloading.
Such a document is often checked by the traffic police stopping trucks for inspection.
Power of attorney from the company
Organizations often need to delegate authority to their employees. The power of attorney from jur. persons can be drawn up to enable the employee to drive the car of the company, sign documents on a business trip, use the seal or perform other similar actions.
To compile such a document, it is usually not necessary to contact a notary public. It must be signed by the head of the enterprise, as well as certified by the seal. Such a power of attorney may indicate the period during which it will be valid.
Often, a power of attorney to sign documents is drawn up for use only once. For example, if an employee of an enterprise is required to sign documentation on a business trip, and after his return home, the authority received will cease to be valid.
Money Use Document
A power of attorney for money is considered to be in sufficient demand. It enables an employee of the enterprise to use a certain amount of money in the account of the company for one purpose or another. For example, an initiative employee of a company may use a power of attorney to purchase items for an idle event or other purposes.
An employee of the procurement department receives such a document in order to be able to purchase various office supplies or other necessary supplies for the firm.
Conclusion
The power of attorney may be drawn up by private individuals or enterprises. It can be presented in different forms, which depend on who is involved in the drafting, as well as what kind of powers and rights are transferred according to the document.
When drawing up a power of attorney, it is important to consider some significant requirements and nuances. If the date of its formation is absent in the document, this becomes the basis for declaring it invalid. In some cases, it is required to use the services of a notary if transactions are planned that require state registration.