In order to defend your claim or competently build a line of defense, if you act as a defendant in court, you must have certain legal knowledge. In many organizations - both public and private, there is a full-time lawyer, and sometimes entire departments. They are the ones who participate in the processes on behalf of the jur. persons make requests, submit petitions, etc. The second step after choosing a proxy is to document his rights to represent in court. In the article we will talk about how to do it right.
In 2013, the rules and requirements were simplified significantly, in accordance with which a power of attorney to represent interests in court should be drawn up.
How to issue?
According to the civil legislation of our country, a power of attorney is nothing more than a written authorization granted by one person or organization to another person or persons in order to represent his interests. As a rule, it is made out on the letterhead of the enterprise signed by its director or other persons authorized for this action in accordance with the constituent documents (in particular, the Charter) and is sealed with a seal (if any) at the end.
The legislatively established form of this document does not exist, therefore it is proposed to use a compiled power of attorney in court from a legal entity, a sample of which you will find further in the text.
How long can a power of attorney be issued?
One of the main aspects of a power of attorney is the period for which it is issued. As mentioned above, in 2013 the Civil Code was amended and now the head of the organization (company) has the right to independently determine the period for which the document is issued. In the previous version of the legislation, it could not exceed 3 years. Now the maximum period that a power of attorney in court from a legal entity can have (sample hereinafter) has not been established, however, as is the minimum.
In principle, it can be omitted at all. In this case, the power of attorney will remain valid for a year from the date of its execution. However, if you do not indicate the date when the document was issued, then it will be considered invalid.
When does a power of attorney need to be certified by a notary?
A power of attorney in court from a legal entity (the sample is presented below) requires certification in the notary’s office only in certain cases, which are stipulated in the Civil Code of the Russian Federation. Namely, if it is issued for transactions that require a notarial form, the disposal of rights registered in state registers, to file applications for state. registration of transactions or rights.
Power of attorney in court from a legal entity: sample
Power of Attorney No. ___
(date in words)
________________________________________________ (full name of the enterprise) (hereinafter ________________________ (abbreviated name)), KPP, TIN, legal address: ________________________________________________________________________, represented by the head of ______________________________ (full name) acting on the basis of ________________, authorizes the citizen with this power of attorney:
________________________________________ (full name), _______ born, passport series ________ number __________, issued _____________________________, registered at: __________________ represent the interests of the enterprise in the judiciary (general jurisdiction, arbitration and others - you must choose something specific or dwell on the general wording) with all the rights that are granted to the plaintiff, defendant and a third party, including with the right ________________________________ (a transfer of the granted rights separated by commas).
This power of attorney is valid until _____ (indicate the date or term for which it is issued), without the right to transfer powers over it to third parties.
Signature (Name of proxy) ____________ (signature) certify
Director ____________________ (signature) _______________________ (full name)
Organization stamp
Under this form, a power of attorney may be issued to the arbitration court from a legal entity of world, general jurisdiction. Moreover, the amount of authority you must indicate depending on the specific situation. Most often, all rights that parties have in a lawsuit are listed.