In the article, we consider what a power of attorney for a car is. A sample will also be presented. This document gradually recedes into the past, however, in some situations it is still sometimes necessary. Presentation of a power of attorney for the management of transport to the traffic police is not required at present, although, as a rule, drivers who do not own motor vehicles have it. Why do I need a power of attorney model for a car?
Order of registration
A power of attorney for a car does not require notarization today and can be written in a simple form, but it is better to use a sample. This handwritten document is certified by personal signature of the owner of the car (i.e. the principal) and must contain the following details:
- Information about the date and place of the paper. It is important to emphasize that the power of attorney without indicating this information is considered void, that is, for the parties does not entail any rights and obligations.
- The passport characteristics of the principal and trusted citizen along with information about their place of residence and date of birth. Not everyone knows how to write a power of attorney on a car. The sample presented in the article will help.
- Complete information about the vehicle (model and make, along with the year of manufacture, engine, body, chassis, identification number and so on), vehicle passport data.
- The list of powers of a proxy (we are talking about driving a car, passing inspection, obtaining license plates and the like).
- Indications for the period of validity of the power of attorney. Legislatively the minimum and maximum validity periods of such a power of attorney are not limited, therefore, a person can indicate any. If the validity period in the power of attorney is not specifically stipulated, then according to civil law it is considered to be issued for exactly one year.
- Information on the presence or absence of a trusted citizen's right to reassignment. This means that the representative has the opportunity to transfer his machine for operation to another person. This is done subject to notification of the principal within a reasonable time. If a person does not expressly indicate the right of transfer, then the paper will be considered issued without providing the appropriate capabilities.
Power of Attorney
The main attribute of the general power of attorney for the machine is the date of its issue, the absence thereof automatically makes the paper void. In addition, the document must have the signature of the principal.
In the event that the validity period has not been specified, then the document is valid for one year, starting from the date of its issue. When the expiration date is registered, it is valid until the date indicated in it. The maximum period of power of attorney in 2019 as such is not limited. Paper in written simple form, which is issued by the owner of the machine, does not require notarization.
Who can issue a power of attorney?
The ability to issue a document for driving a car is available not only to the owner himself, but also to persons using the vehicle on the basis of such a document. That is, in practice, you can provide a power of attorney for such a paper. True, in this case, notarization of the transaction is required. If a person wants to limit the possibility of operating his car to unknown citizens, then when filling out a document it is necessary to add the following words into it: “without the right of transfer”. Samples of power of attorney on the machine will help to make paper correctly.
Pros of selling a car by proxy
So, is it possible to sell a car by proxy? Among the advantages when registering a transaction on such a document, the following can be noted:
- Actual tax savings, which, however, is a very dubious advantage today, since no one will buy an expensive car with a proxy price tag by proxy, the rest of the payments with contributions are not so significant.
- Saving time in some cases is quite capable of justifying itself. For example, if both citizens are very busy people, or the transaction itself is considered urgent. In this case, they can apply such a scheme with an agreement that the new owner will then re-register the car without a host.
But the disadvantages of such a deal are much greater. Therefore, it is better to think twice whether a power of attorney is needed on the car before deciding to carry out such a purchase and sale scheme. In many ways, this is considered the most unattractive option, and even a commission agreement usually looks much better.
How to register a car by proxy
To do this, collect the following documents:
- Statement from the owner.
- Car passport.
- Documents proving the right of ownership (we are talking about a reference account, purchase agreement, certificate of import (this is for foreign cars), customs cargo declaration.
- Presentation of a civil passport or identity card (for example, for military personnel).
- Certificate of registration at the place of stay.
- The mark of the military registration and enlistment office (if it is a freight or utility vehicle).
- Presentation of a receipt on the fact of payment of registration actions.
- A receipt confirming the payment of tax from the owner of the car (the provision of such is not required if the owner is exempted from paying such fees).
Registration by a notary
The notarial form of the power of attorney for the car makes it possible to transfer the rights to drive a vehicle. It is issued to spouses, brothers, parents, sisters, children and so on. With it, it is possible to remove the machine from the register, or, conversely, statement on it.
As part of the design of a general power of attorney, a vehicle is sold. In this case, compliance with the rules established by law is required. It is important for the trustees to realize the legal consequences, and for the trustees to understand their rights and obligations. In order to draw up the relevant document, you need to contact a notary.
What will be required to issue a power of attorney for a car at a notary?
In order for a document to be notarized, you will need:
- Presentation of the passport of the principal. Papers must be valid and display information about the place of registration.
- Availability of a vehicle passport.
- Presentation of a certificate of registration of the machine.
Supporting documents
The procedure will require documents confirming the fact of buying a car. In the event that transit numbers were previously issued, then it is worth providing information about them. Indicate which rights are delegated to the trustee. As a rule, an agreement is drawn up to solve a specific problem (management, deregistration, setting a machine on it, and so on). The notary finds out for what purpose the issuance of the document is needed. The power of attorney for the car in Russia is for any manipulation of the car (up to its subsequent sale).
What rights does the trustee receive?
This citizen acquires the right to drive a vehicle for a year or more. According to the power of attorney, drivers have the right to pick up the car from the penalty parking lots, draw up insurance policies, and undergo technical inspections. But at the same time they, of course, do not become owners, therefore they are not entitled to sell a car without the consent of its owner. An exception is a general power of attorney for transport with the transfer of all available rights.
Can a power of attorney be revoked?
Owners have the opportunity at any time to revoke the issued paper, returning the sole right to their car. In view of this, it is not recommended to draw up documents instead of a purchase and sale transaction. Compliance with formalities makes it possible to avoid trouble when buying a vehicle.
Turning to a notary public, there is no doubt that the procedure will not take much time and will take place taking into account all the existing legislative standards. Templates are available in all such offices, so it is enough for trustees and trustees to simply come to this authorized person. Registration usually takes no more than fifteen minutes.
Cancellation of power of attorney
So, the person who issued the power of attorney earlier can completely cancel such a paper at any time, that is, completely annul it. But with the condition of mandatory notification of the citizen in whose name she was issued. The proxy is obliged to immediately return the relevant document.
Such a paper will automatically lose its force in the event of death or recognition of the person (who issued it, or the one to whom it was written) incapable. This is especially important to remember in cases where a citizen wants to sell a car or a deal has already been drawn up on the basis of only a general power of attorney.
It must be remembered that there can be no purchase or sale of a car under this document. The ownership of the car will remain with the previous owner, and only he will have the right to dispose of the property in the way he pleases. In this regard, it will also not be amiss to recall that, upon the death of the owner, all entrusted property will be transferred to his immediate heirs.
Therefore, it is necessary to call all things by their proper names, and when buying a car, you should purchase it only as part of the design of the contract of sale. Of course, there are exceptions to the rules in this situation, especially if a person does not want to draw up a sales contract immediately, but, for example, first intends to drive the car to another city in order to hand it to the new owner. In this case, a general power of attorney, of course, will come in handy. That is, the person will sell the car for the actual owner in his place.
But here the fact should be taken into account that, if, for example, the name of the citizen is inscribed in the power of attorney, then he will not be able to sell this car to himself in the future, that is, the future car owner and the authorized person must be different people.
Thus, at present, the situation is quite widespread when cars are purchased for use immediately by the whole family, and not just for one particular driver. But at the same time, you can register a car only for one person, and all other people need a special document in the form of paper for driving a car. And as part of the acquisition and sale transactions, a general power of attorney for the car is needed . The sample is presented above.