The head of a legal entity cannot spend time daily sending and receiving correspondence by mail, it is much easier to transfer this function to a subordinate, for example, a secretary. For this, he compiles a power of attorney for receiving correspondence by mail. This opportunity is also useful to an individual who does not have time to return from another city and receive a parcel. He can also entrust these actions to another. How to draw up such a document will be discussed later.
Legislative regulation of the issuance of powers of attorney
The mechanism for issuing, the content, validity periods of powers of attorney are regulated by Article 185 of the Civil Code of the Russian Federation. A power of attorney means a written authority that is issued by some person to another to represent his interests. It is a confirmation of the presence of a trusted right to act on behalf of the principal, establishes the conditions and boundaries of these actions. Interestingly, the power of attorney is considered a transaction, therefore, the requirements set forth in Articles 155, 156 of the Civil Code of the Russian Federation are presented to it.
The same principles apply to the power of attorney at the Russian Post , which will be discussed later. The principal may not waste his time, but entrust the receipt and sending of all personal correspondence or correspondence of the legal entity to the authorized representative.
How to draw up a document
The legislator provided the parties with the opportunity to independently decide which letters or values the proxy will receive or send by mail (for example, you can issue a power of attorney to receive a registered letter) and how long he will do it. You can draw up a power of attorney on your own, taking into account the positions prescribed by law:
- Date of compilation (obligatory requisite) and address.
- Who is the principal: name of the legal entity without abbreviations with full decoding, legal address, as well as personal data of the head and the grounds on which he issues the power of attorney, often this is the charter - if the power of attorney is from the legal entity, personal and passport data of the principal - if he is an individual .
- Who is the authorized person: his personal data - full name, passport data.
- The main part lists what powers are delegated, for example, a power of attorney to receive values.
- You can specifically write the address of the post office of Russia, where the agent will act, or you can draw up a general wording, then it is possible to perform actions in any of their representative offices. It makes sense to issue such a power of attorney for a long time, so as not to rewrite the address each time.
- The same rule applies to the list of received or sent values: when filling out the letter of attorney for receiving correspondence, it is possible to envisage operations only with letters or parcels or with all incoming mail.
- The maximum validity of a power of attorney by mail is limited to three years. If you do not specify it at all, by default the document will be valid for a year.
And you can use the sample power of attorney to receive correspondence in the mail, presented below.
When you need to draw up
The rules for issuing and functioning of a power of attorney for actions with correspondence are regulated by article 185 of the Civil Code of the Russian Federation, it gives the parties the freedom to transfer any authority within the scope of the duties of the principal or the wishes of the individual, without imposing any other restrictions.
A power of attorney from a legal entity is convenient when the head of the company cannot be present or does not want to waste time receiving or sending documents. These functions at all enterprises are performed by secretaries or clerks.
An individual may also need such an opportunity. For example, when leaving abroad for a vacation and waiting for a parcel during this period, you can ask a friend or relative to receive it, for this you need a power of attorney to receive correspondence by mail, the sample can be tailored to your personal needs.
Who issues the document
At enterprises, the practice of drawing up powers of attorney to represent interests by a secretary or a lawyer with registration in a special journal. Then the document must be signed by the head. If the organization does not use special forms, then the power of attorney is written out on plain paper, a certificate of signature of the principal and notarization are not required. This is done to minimize bureaucratic difficulties in the design of the power of attorney.
If the power of attorney is issued by an individual, then it must have full legal capacity.
The law as much as possible simplified the procedure for issuing a power of attorney to receive correspondence by mail, the sample can be viewed directly at the post office.
To whom to issue a power of attorney
The legislator allows the issuance of a power of attorney to receive valuables in the mail to both individuals and legal entities. It is only necessary to take into account the legal capacity of the trustee and his legal capacity to perform delegated authority. If a power of attorney is required from a minor or legally incompetent citizen, then his legal representative will issue it.
Representative Credentials
The trustee can realize an unlimited number of interests of the principal by mail. In the power of attorney to represent interests, you can write down a general phrase about actions in the Russian Post offices, or you can clearly, step by step write down the actions:
- sending and receiving correspondence;
- sending and receiving parcels;
- receipt of cash items;
- other actions related to sending and receiving valuables in the mail.
Document Validity
The parties can independently regulate the validity of the power of attorney; the law does not pose any obstacles. It is important to know that if the deadline is not specified at all, then it is considered equal to one year. The maximum validity of a power of attorney is three years.
Which power of attorney is considered invalid
For a number of reasons, a power of attorney may not be valid:
- If the date of preparation is not indicated. In this case, it is impossible to trace the beginning and end of its action.
- If there is a facsimile signature. Only the handwritten signature of the manager is considered valid. Since otherwise there is no guarantee that he signed it.
- If there is no signature of a proxy, this means that it does not accept authority.
- If there are errors and corrections in the power of attorney.
Thus, now you know how and in what cases you should draw up a power of attorney to receive correspondence, and you can use the presented sample.