Power of attorney form for registration of IP. Power of attorney from an individual entrepreneur to an individual

Samples of powers of attorney from an individual entrepreneur to an individual to conduct business

ATTENTION! Look at the completed sample of a power of attorney from an individual entrepreneur for an individual to conduct business in court:

You can DOWNLOAD samples of powers of attorney from an individual entrepreneur to an individual to conduct business using the links below:

How to correctly draw up a power of attorney

You can draw up a power of attorney from an individual entrepreneur by hand or print it out. For convenience and to save time, you can also use a standard form.

The text of the power of attorney must include the following points:

• name of the document being drawn up;
• date and place of compilation;
• information regarding the individual entrepreneur: full name, passport details, TIN;
• information regarding the representative: full name, passport details;
• list of powers granted to the authorized person;
• signature, seal of the individual entrepreneur.

When drawing up a power of attorney, special attention should be paid to the personal data of the parties. If there are errors in the document, it is considered invalid.

Today, the presence of a seal on a power of attorney from an individual entrepreneur is not mandatory, however, there are situations when, during legal proceedings, a government body takes the position of the opposite party due to the lack of a seal. Therefore, it is advisable to make your own seal or issue a power of attorney at a notary office.

Why do you need a power of attorney?

When resolving certain issues, it is necessary for the entrepreneur to participate in the process personally, but the time and opportunity for this are not always available.

That is why the law provided individual entrepreneurs with the opportunity to issue powers of attorney to third parties, on the basis of which attorneys can represent the interests of entrepreneurs.

A power of attorney to conduct business on behalf of an individual entrepreneur is required in the following cases:

• contacting the tax service on various issues;
• representing the interests of the entrepreneur in the competent authorities;
• conducting business in relation to the current account of an individual entrepreneur;
• receipt by a representative of postal correspondence or parcels;
• conducting business in court on behalf of an individual entrepreneur. Powers of attorney are most often issued to lawyers;
• negotiating and resolving various issues with suppliers. The power of attorney may provide for the right of the attorney to enter into contracts and agreements with counterparties.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Document form

In accordance with the provisions of civil law, the form of the power of attorney must be written.

The following powers of attorney are subject to notarization:

• providing for the right of a representative to conclude contracts and agreements on behalf of an individual entrepreneur, for which the law provides for a notarial form;
• being irrevocable. These are powers of attorney, the right to revoke which is limited by law;
• granting the attorney the right to represent the interests of the individual entrepreneur as a taxpayer to the Federal Tax Service.

All other cases do not require a mandatory notarial form; they can be drawn up independently. In this case, the document is certified by the businessman’s signature and seal (if there is one).

What is the validity period of the power of attorney?

Important! Today, the duration of any power of attorney is set at the discretion of the principal.

Previously, this period was limited to three years, but after changes were made to civil legislation, these provisions became invalid.

There are several ways to designate the time period during which the power of attorney will be valid:

• register a specific date, for example, 08/05/2019, then the power of attorney will lose its force on the designated day;
• indicate the period during which the power of attorney will be valid, for example, five years; the calculation of the period in this case begins from the day the document is certified;
• draw up a document without specifying a period, then the power of attorney is recognized as valid for one year from the date of certification.

Watch the video. How to properly issue a power of attorney from a notary:

Retrust

The right of subrogation means the right to transfer the powers granted to the attorney to other persons. Only the entrepreneur himself can provide for such an opportunity in the power of attorney.

Most often, the right of sub-assignment is meaningless, and in order to avoid possible problems (due to the fact that the individual entrepreneur cannot know to whom his attorney will delegate his powers, and how a third party will perform them), it is advisable to draw up powers of attorney that do not provide for the possibility of sub-assignment.

Another situation is possible when a general power of attorney is issued on behalf of an individual entrepreneur. The representative in such circumstances may have similar difficulties as the principal, when personal participation in all necessary events is simply not possible.

Note! In each specific case, you need to build on the level of business development and the labor costs of the businessman or his attorney. If conducting business requires a lot of time and effort, then trust becomes quite relevant.

At the same time, the power of attorney can specify certain powers that the representative can delegate to a third party. The document can indicate the full names of specific citizens in respect of whom transfer of trust is allowed.

Also, when drawing up a power of attorney with the right of substitution, you should pay attention to the following:

• if the power of attorney from the entrepreneur was executed in simple written form, then the right of substitution provides for the mandatory certification of the power of attorney by a notary, since the document is drawn up not by the entrepreneur, but by his representative, who is an individual;
• a representative of an individual entrepreneur delegating his powers to a third party must inform the principal of what powers he delegated. If this condition is not met, the representative of the businessman himself bears responsibility for the actions committed by a third party.

If there are errors in the document

Persons interacting with a representative of an individual entrepreneur must make sure that the businessman has delegated authority to this person. For this reason, information about the attorney must be entered carefully to eliminate possible errors.

The Presidium of the Supreme Arbitration Court of the Russian Federation in its Resolution indicated that the discrepancy between the information, for example, about the date of issue of the attorney’s passport, in the power of attorney and the document proving his identity, cannot be accepted as a basis for declaring the power of attorney invalid.

From the above it follows that the text of the power of attorney must contain information regarding the full name, date and place of birth of the representative.

The presence of errors in passport data does not give rise to recognition of the attorney as incompetent to perform the actions assigned by the entrepreneur.

Important nuances

There are also special points that need to be taken into account when drawing up a power of attorney. This will help eliminate the occurrence of controversial situations and, accordingly, avoid unnecessary problems.

Since Soviet times, a significant number of enthusiasts began to engage in commercial activities. Working in completely different industries, many business people provide not only for themselves and their families, but also provide jobs.

It is very difficult to independently cope with the growing load in the form of interaction with various counterparties, government organizations and courts of various kinds. Therefore, the team of any successful businessman has one or more representatives working by proxy to carry out one or another activity.

Varieties

For the constant functioning of a profitable business in a fast-paced life, it is necessary carry out all work efficiently, arising from the responsibilities for the economic conduct of business activities - timely submit mandatory packages of documents to the regulatory state authorities, conduct claims work, carry out commercial activities in the form of execution of transactions, in case of a conflict of interests between partners and going to court, protect the interests of the individual entrepreneur.

When all of the above functions are performed by one citizen, the corresponding power of attorney clearly states everything for which the official representative is responsible. If there are several attorneys, then the text of each power of attorney must indicate either only the joint execution of official powers, or the specific powers of an individual.

In order to find a decision on which power of attorney to issue to your representative, you must be guided by the level of trust in the person, as well as the scope of powers vested in the attorney. The variety of powers of attorney is determined by their configuration and corresponding purpose.

General power of attorney– a document that can give a person all the full rights to take the necessary steps in various situations in order to more effectively conduct business. The power of attorney is certified by a notary if there are no doubts regarding the identity of the citizen who applied to the certifying person. The authenticity of certificates of registration with government agencies as an individual entrepreneur, a document certifying that you are a taxpayer, is being verified.

When representing interests, the attorney does not have the right to act in relation to his own person; responsibility for the legal consequences as a result of his work is imposed on the represented person.

A special power of attorney, giving the right to systematically carry out one type of activity, is also subject to notarization.

Powers of attorney are distinguished:

• on in court;
• to protect rights at the stage of enforcement proceedings (presentation and withdrawal of a writ of execution, reassignment, challenging all actions of the bailiff, receiving awarded property, rejecting a decision on claims under a writ of execution, signing a conflict resolution agreement);
• in relation to manipulations with specific property of an individual entrepreneur (concluding transactions, transporting goods to the customer, receiving material assets, other actions related to the specifics of doing business);
• management of a current account;
• submission of reports to the tax authority.

Based on the regularity of the employee’s actions, a power of attorney can be one-time. When concluding a one-time transaction or any other act on behalf of a merchant, the document is drawn up for the specific execution of powers, which are certainly indicated in the text of the power of attorney. The difference between a special power of attorney and a one-time power of attorney is its validity period.

Representation in civil legal relations

By officially registering as a citizen, a citizen actually remains an individual, while his commercial activities are regulated by the current legislation regarding legal entities.

The legislator does not provide specific instructions on how to carry out the legal registration of powers of attorney for official representatives working with the transportation of inventory, signing legal documentation, and carrying out other essential actions.

For convenience, instead of a power of attorney, you can submit to the Federal Tax Service of Russia an electronic document with the details of a written, notarized power of attorney and a tax return via telecommunication channels.

In what cases is a power of attorney from an individual entrepreneur notarized?

1. In case of submitting documents to the registration authority.
2. When conducting administrative, arbitration, executive, and civil proceedings on behalf of an individual entrepreneur.
3. When appealing against actions and inactions of the customs authority.
4. When submitting reports to the state tax authority.
5. In case of agreement between the parties.

What should a properly drafted power of attorney contain?

date– without specifying the date, the transaction is considered invalid, the power of attorney does not carry any legal consequences.

Personal data about the principal and the representative. Last name, first name, patronymic, place of residence, passport details – a minimum set of information.

Full range of powers transferred from an individual entrepreneur to a trustee. In the case of arbitration proceedings, it is necessary to specify in which cases the rights will be exercised.

You should take a responsible approach to choosing an attorney and drawing up a power of attorney. You can revoke a document at any time by duly notifying the representative and third parties. If notification is impossible, the revocation of the power of attorney is published on a special website www.reestr-dover.ru, after a month the power of attorney is considered revoked.

How to issue a power of attorney from an individual entrepreneur? Find out in this video.

The activities of individual entrepreneurs and LLCs are carried out on behalf of the founders or the entrepreneur himself, however, the entrepreneur does not always have the opportunity to appear at the tax service or the pension fund in person. In order to simplify the activities of an entrepreneur in Russian legislation, a document was developed and implemented that transfers the functions of representing the interests of a legal entity to the personal assistant of the director or an authorized employee, for example: the chief accountant of IP Ivanov.

Almost all accountants in small organizations with a staff of less than 10 people have such a power of attorney in hand in order to get rid of unnecessary hassle with the Federal Tax Service (FTS) and the Pension Fund (PFR). Such a power of attorney gives the accountant the right to provide all necessary documents on behalf of the individual entrepreneur.

A power of attorney to represent the interests of an individual entrepreneur is a special form, filled out in the prescribed form, which is filled out by the entrepreneur and sent to a third party who, by mutual agreement of the parties, can represent the interests of the individual entrepreneur in various authorities (PFR, etc.). According to the Legislation of the Russian Federation, a power of attorney to represent the interests of an entrepreneur can be drawn up either in simple written form or executed by a notary. For each type there is a sample according to which a power of attorney is drawn up.

Important! A document to represent the interests of an entrepreneur has practically no legal force without its notarization; a notarized power of attorney is required both by the Federal Tax Service and the Pension Fund.

One way or another, many beginning entrepreneurs use such documentation in order to get rid of unnecessary paperwork in the Pension Fund, etc. As for opening an individual entrepreneur by another person, this procedure is also quite widespread, many companies even provide services for opening and liquidation IP. However, in this case, the power of attorney will have to be notarized and the merchant must sign in person.

1. Simple. Can be handwritten or printed. Such a power of attorney gives the right to sign various papers, file legal claims and the right to perform other actions specified in the document. Depending on the type of action performed by the authorized person, the file forms differ. An entrepreneur can create his own form for the Pension Fund, which will contain all the necessary details.
2. One-time. A one-time power of attorney allows the individual entrepreneur’s representative to perform one specific action (receipt of goods, sale of a car, etc.). Such a document is often issued to representatives of the transport company and the shipper.
3. Special. With the help of a special power of attorney, the trusted person can perform actions specified in documents during a designated period of time (for example, accept and ship goods at a warehouse, etc.)
4. General for the Pension Fund of Russia, etc. A general power of attorney allows you to perform any actions specified in the document on behalf of an individual entrepreneur for the entire duration of its validity.
5. Notary (a sample of which is below). A notarized power of attorney is executed in the presence of a notary, who records the fact of its execution. Such a power of attorney is necessary to carry out certain types of transactions, to submit reports to the Pension Fund and the Federal Tax Service, to sell real estate, as well as to open or liquidate an individual entrepreneur.
6. General (sample). A general power of attorney, just like a notarized one, is certified by a notary; it makes it possible to perform any actions on behalf of the entrepreneur. It is issued only to a specific person, for example, to a business partner and his actual co-owner or a close relative or friend.

Compilation procedure: sample

Compilation is carried out in written or printed form on a regular white A4 sheet. The document must include the following basic details:

• file issue location and date
• number of the certificate of registration of an individual entrepreneur;
• Last name, first name and patronymic, as well as passport details of the principal;
• a list of all actions designated by the individual entrepreneur that a trusted person can perform;
• term of office;
• signature of the authorized representative;
• signature of an individual entrepreneur;
• personal seal of the individual entrepreneur on the signature.

Important! If at least one of the above details is not specified, the document is considered invalid.

Although the seal is not included in the list of basic details, however, without it many transactions do not go through, since counterparties require a seal.

Advice! To simplify the registration procedure, it is important to always have a ready-made form on hand indicating all the necessary details. This form can be compiled electronically and sent to print as needed.

A sample power of attorney to represent the interests of an individual entrepreneur can be downloaded below.

Action

The file is valid until the expiration date indicated on the paper. At the same time, the general deed cannot be valid for more than 3 years; after 3 years, it will require re-registration with subsequent notarization. In addition, the entrepreneur can revoke the power of attorney at any time, so its validity period is very relative. The right to provide the interests of an individual entrepreneur is revoked in the following actions and factors.

Why do you need a general power of attorney from an individual entrepreneur? A power of attorney from the owner of the company is permission in writing, through which the representative has the right, on behalf of the individual entrepreneur, to carry out any activities in relation to a third party. The powers that an entrepreneur grants to his deputy can have a wide range of actions. The concept of general powers, i.e. transfer of rights is fixed at the legislative level, Art. 185 of the Civil Code of the Russian Federation.

This could be concluding a one-time transaction or receiving one-time financial resources, or permission from an individual entrepreneur to independently conclude various types of contracts on the basis of a growing company, for example, representation on a commercial basis.

Documents for resolving the interests of an individual emergency

Having in hand an authority form from the individual entrepreneur, the deputy has the right, on behalf of his boss, to carry out various schemes, receive various types of financing and material assets or finances, sign contracts and agreements and other papers necessary for the work.

An individual entrepreneur’s representative, through his competence, can receive and submit the necessary papers for any action, draw up certificates and registers, represent the interests of his boss in court, at the tax office or other institutions.

The deputy director of the company has every right to perform all necessary actions that do not contradict the law and are prescribed in the authority to represent the interests of the private owner.

Depending on the type and extent of authority, an individual entrepreneur can provide his deputy with a general power of attorney, according to which he is endowed with certain rights to carry out any transactions. General powers give the power to the trustee to perform any actions that fall within the scope of the private owner's activities. In addition, according to the papers, the deputy can engage in commercial activities on behalf of his boss. That is, to sign and conclude commercial agreements, conduct banking transactions, and present private equity to other business partners and clients. The deputy private entrepreneur, on the basis of the issued papers, has the right to apply on behalf of the individual entrepreneur to various government agencies and other organizations.

In addition, a general power of attorney for an individual entrepreneur provides an excellent opportunity to represent the interests of an individual entrepreneur in various authorities. A businessman performs various legal actions every day, but sometimes there are times when he physically cannot be in some places at once. In such situations, a deputy can help him out. The deputy will be able to personally attend various meetings or sign contracts.

But no matter how the responsibilities of the individual entrepreneur are transferred to the deputy, he is still responsible for everything that happens and completely controls the actions of his subordinate.

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Registration of the State Duma

A general power of attorney from an individual entrepreneur, after approval, is drawn up by a notary; in order to receive it and other papers, you must submit the following documents, and their sample should be specified:

• certificate issued by the entrepreneur during the period of registration of the individual entrepreneur;
• a document indicating that the person is registered with the tax office;
• excerpt from the Unified State Register of Individual Entrepreneurs, the date of issue on which the document is dated, no later than a month ago.

During the procedure for registering powers, the notary checks the necessary documents, especially those that certify the identity of the individual entrepreneur, that is, passport data.

His capacity is also checked. If all indicators are normal, then the corresponding document is signed, i.e. the power of attorney itself.

The notary also officially certifies the individual entrepreneur’s signature. The person who is the authorized representative of the company owner may not be present when the paper is issued.

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Requirements for drawing up a general power of attorney

A general power of attorney from an individual entrepreneur, a sample of which can be viewed in Appendix No. 1, must meet the requirements for it. First of all, this concerns the content of such a document.

The general power of attorney document contains the following data:

• last name, first name, patronymic of the person who will perform fiduciary duties;
• all information about the preparation of the power of attorney, the place of its issuance, the time and date of execution of the document;
• tax payer identification number, as well as his state registration certificate number;
• passport details of the trustee;
• types of work and powers vested in the trustee;
• validity period of the issued paper, at least 1 year, unless another date is specified;
• emergency signature and seal, if available.

Typically, this document is issued by a businessman to a second party to manage all affairs and business, and that is why it must be formalized and in accordance with the requirements of current legislation.

But there are some nuances in the power of attorney itself, which do not need to be certified by a notary. This could include a trust document for some minor actions, an example of this is receiving finance from a partner. In this case, the document is drawn up by the individual entrepreneur himself, recorded with his signature and personal seal.

Those bosses who are involved in business need to know that the issuance of a general document gives the trustee the right to conduct any affairs and actions regarding the company. Therefore, if a trust document is needed for a specific transaction, i.e. transactions on bank accounts, then in the text of the power of attorney it is necessary to indicate exactly this action and leave a sample signature.

Having started your own business, sooner or later you will face the problem of lack of time. Customers, employees, suppliers, taxes, audits, competitors - to control all this, you will need to be in several places at the same time. The problem can be solved quite simply: you need to issue a power of attorney from the individual entrepreneur so that the authorized person has the right to represent your interests.

Why do you need a power of attorney?

A power of attorney to represent the interests of an individual entrepreneur (sample) will be useful to you in the following cases:

• registration and liquidation of individual entrepreneurs;
• delivery and reporting;
• representing the interests of individual entrepreneurs in court, bank or post office;
• receipt of inventory items;
• receiving funds;
• conclusion of contracts.

A power of attorney will help you out if for some reason you cannot (temporarily or permanently) manage your own business. You have the right to issue a power of attorney to conduct the activities of an individual entrepreneur.

Types of powers of attorney

There are three types of powers of attorney:

1. One-time

Designed to perform a single action. For example, you can issue a one-time power of attorney from an individual entrepreneur for an employee to receive goods and materials (inventory) or to conclude an agreement.

2. Special

If an employee must permanently replace you, then he may be issued a special power of attorney. For example, the following documents are considered special:

• power of attorney to the bank from an individual entrepreneur to receive funds (for an accountant);
• power of attorney to represent an individual entrepreneur in court (sample, for a lawyer);
• power of attorney from an individual entrepreneur for purchasing and receiving goods (for a forwarder, supplier or merchandiser).

3. General

A general power of attorney is issued if you transfer property (for example, a car, real estate, etc.) or your entire company for operational management to another person. Then you issue a power of attorney to conduct business as an individual entrepreneur or (sample). The maximum term of a general power of attorney is 3 years.

When do you need to notarize a power of attorney?

In most cases, a power of attorney from an individual entrepreneur, as well as from a legal entity, may not be notarized. Moreover, if you work in a capacity (the law allows this), then your signature will be enough to give this document legal status. However, not all organizations are loyal to powers of attorney from individual entrepreneurs without a seal. Therefore, there is such an opportunity, it’s better to do it anyway.

In most cases, a power of attorney from an individual entrepreneur, as well as from a legal entity, may not be notarized.

Both for opening and closing an individual entrepreneur, you will need a notarized power of attorney to represent the interests of the individual entrepreneur. Applications and photocopies must also be certified by a notary.

A power of attorney is a useful and sometimes absolutely necessary document. Don’t try to do everything: a trusted person can help you, and you can direct your energy in a different direction.