How to draw up a power of attorney from an individual to a legal entity (sample)
A power of attorney is an official document,written in the form of evidence of the transfer of certain powers to an attorney. Most often, a power of attorney is issued from an individual to a legal entity, each company individually develops a sample and presents it to the client for signature at the time of concluding a contract for rendering any services to represent its interests in various organizations, institutions, instances.
A common situation is alsodrawing up a power of attorney for another individual. In order for the document to be valid and accepted by the officials, it is very important to pay careful attention to its drafting and applicable wording.
When is it necessary to draw up a power of attorney?
Needs can be very diverse, and thereforethe list of powers in the power of attorney depends on the organizations in which the attorney will represent the interests of the principal. It should be taken into account that this document gives an opportunity on behalf of the principal to perform various actions, collect documents and information, conclude contracts, execute transactions, file applications and receive necessary certificates and documents.
A number of features have a power of attorney fromof an individual to a legal entity, any notary will present a sample for review, as it is subject to mandatory certification of the principal's signature. A natural person can issue a power of attorney to another individual (relative, neighbor, acquaintance) for performing any actions on his behalf.
Often older parents draw up a power of attorneyon the submission of an individual to receive pensions or postal correspondence, as they themselves can not do so for their own health. Sometimes the reason may be imprisonment or being on board a ship on a long-term business trip, or on medical treatment in a medical institution. Thus, the power of attorney is necessary in those cases when a person by virtue of his physical condition or certain circumstances can not independently represent his interests in any official institutions where his physical presence and document proving his identity are required.
What types of powers of attorney exist?
There are many options for powers of attorney,which can give out an individual to another individual or companies, they differ by their content, scope of authority and the period for which it is issued. For example, for the sale of real estate issued a power of attorney from an individual to a legal entity, a sample for review, usually representing a real estate company.
They often issue power of attorney to the court for representationinterests of an individual at meetings, or the submission of statements in the tax. Samples of powers of attorney from individuals you can find yourself, or by contacting a notary. The form of the power of attorney for an individual differs from that which is formalized for a legal person mainly only as an introductory part. If you compare the sample of the general power of attorney of an individual to an ordinary one, you should understand that it gives extended opportunities when the attorney fully disposes of property and rights, it differs in volume and in terms of the opportunities provided.
The main varieties are:
- The first type is when a power of attorney is required only once for the commission of a single action by a trustee (to receive goods, mail, sign a contract);
- the second type is a special power of attorney,is issued by the client for the periodic performance by the attorney of certain actions on his behalf within a month, a year, several years (submission of tax returns, receipt of a pension);
- general power of attorney, through which all rights to perform any actions (for example, in respect of any property) are transferred.
Procedure for issuing a power
The basis for issuing a power of attorney isa certain agreement between individuals, or an individual and an organization within the framework of any relationship on a gratuitous or paid basis. If the power of attorney is issued from an individual to a legal entity, then it is necessary to have its registration data and information about the manager.
What powers does the representative have?
Powers are determined by the parties in accordancefrom the purpose of registration under the current legislation. The main part of the power of attorney is made up of the names of the organizations where it is required to present it, a list of documents that must be collected, handed over or received, and a description of the specific actions necessary to fulfill the instructions. The power of attorney is issued personally by the principal, in all cases the attorney is certified in its immediate presence with an explanation of the legal consequences of its issuance, since the law does not provide for the possibility of "correspondence" or remote registration of it.
Procedure for drafting the document
The strictly approved form of the letter of attorney is notthere are, but there are mandatory conditions that are important to take into account and include in it in order to avoid invalidity. The power of attorney is made in writing, in some cases the signature on it must be certified by a notary. For example, in the case of issuing a general power of attorney for an individual to sell an apartment, a sample is available in any notary office.
The notary confirms the identity of the person issuingpower of attorney, its legal capacity and certifies the fact that the signature was made in his presence by that person. By agreement of the parties, the power of attorney can also be certified by a notary, even if notarization is not a prerequisite.
The main points that must be contained in the power of attorney
• the title, city and date of compilation are indicated in the upper part of the document;
• hereinafter the passport data, place and datebirth, address of the principal and the attorney, or name, registration data, address of the legal entity and information about the head (representative);
• in the middle of the documents, the powers that are transferred and the purpose of issuing the power of attorney are reflected;
• in the lower part of the power of attorney, the validity period and the right to transfer (at will) are usually indicated;
• the signature of the transferring authority and its full decoding, as well as the signature and seal of the notary or official (if necessary) are mandatory.
Who can be a representative by proxy and for how long is it issued?
The attorney may be adults andcapable citizens who do not have any judicial restrictions. The interests of children are usually parents or guardians. The period for which the power of attorney is issued is determined by the client himself, depending on the situation. If the period is not specified, then it is valid for one year. However, at any time the power of attorney can be canceled by applying to a notary. If the power of attorney is issued for the representation of interests abroad without specifying the term of its validity, then it will remain valid until canceled by the principal. Representation of the interests of a citizen in court and executive services also requires mandatory notarization.
The signature of the principal
The law establishes situations whereobligatory certification of the signature of the principal on the power of attorney. First of all, these are transactions for which a notarized form is provided, or when submitting applications to registration authorities on registration of rights and transactions with immovable property, acceptance of inheritance, disposal of rights registered in state registers. In addition to a notary, a signature on the power of attorney can be attested by:
- officials of medical institutions, if the principal is there on treatment;
- the administration of the military unit, the commanders of the courts in places and situations where there are no notary's offices and travel to it is impossible;
- heads of places of imprisonment in the case of prisoners;
- the administration of social institutions, where the adult legal citizens who live there are trustees;
- bank, delivery service and other relevantthe organizations certify powers of attorney for the performance of financial transactions free of charge, receipt of correspondence is certified by the organization at the place of work of the principal;
- on behalf of the legal entity, the head or other authorized person certifies the signature on the power of attorney.
The procedure for drawing up a power of attorney from a notary
In the notary office for registrationpower of attorney is sufficient for the presence of the trustee. The documents will require his passport, data on the representative (enough copies of the passport), complete information about the purpose of issuing it, the name of the authorities and the actions that the attorney himself must perform. The notary is obliged to check the passport for identification and ask several questions to verify the credibility of the principal. Further, an explanation is made to the trustee of his rights, duties and consequences of transferring authority to another person. Preparation of a power of attorney usually takes a little time. However, the important point is to check the accuracy of the compilation before signing it. The notary certifies this document with his signature and seal. For legal entities, additional documents will be required: a charter, a certificate of state registration and tax registration, an order and a document confirming the election or appointment of the head (decision of the founder, minutes of the meeting).
How to terminate the power of attorney?
The power of attorney is considered invalid if the period for which it was issued expired. It is also canceled if:
- the death of one of the parties, its recognition as incompetent, missing, or limitedly capable;
- the cancellation of the power of attorney by the person who issued it or the refusal of the attorney;
- termination of the activities of a legal entity, if a power of attorney from an individual to a legal entity (a sample) was previously issued;
- when a bankruptcy procedure has been introduced against a principal or an attorney, under which the power to issue power of attorney is lost.
The document is also considered annulled, evenif the attorney did not know about the fact of her recall by the trustee unilaterally. In this case, the representative must necessarily return the original power of attorney to the trustee. In any case, each of the parties at any time may terminate the power of attorney. The one to whom the power of attorney is issued has the right to refuse powers as well as the principal has the right to cancel it.