Power of attorney

for the performance at general meeting owners of premises in an apartment building interests of the owner-individual

Moscow
"___"___________ 200__

I, _____________________, the owner of the premises located at the address: _______________________, certificate of ownership dated "___"_________200__, hereinafter referred to as the "Principal", entrust _____________________ passport, series __________ No. ________, issued by ___________________, registered at the address: _____________________________, to represent the interests The principal at the general meeting of premises owners apartment building _______________ the right to vote, submit and receive applications and other documents, with the right to sign all necessary documents.

The power of attorney was issued for a period of one year.

I certify the signature of the representative ____________.

Supervisor ________/__________/
(head of the organization in which the Principal lives, works, studies, administration of a hospital medical institution, in which the Principal is undergoing treatment)

For reference

Civil Code Russian Federation

PART ONE

Section I. GENERAL PROVISIONS

Subsection 4. TRANSACTIONS AND REPRESENTATION

Chapter 10. REPRESENTATION. POWER OF ATTORNEY

Article 185. Power of attorney

1. A power of attorney is recognized as a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.

2. Power of attorney for transactions requiring notarial form, must be notarized, unless provided by law.

3. The following are equivalent to notarized powers of attorney:

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment military units, formations, institutions and military educational institutions where there is no notary offices and other bodies carrying out notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander (chief) of these units, formations, institutions or establishments;

3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;

4) powers of attorney for adults capable citizens located in institutions social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant social protection body.

4. Power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and mail, can also be certified by the organization in which the principal works or studies, the housing maintenance organization at his place residence and the administration of the inpatient medical institution in which he is being treated.

Power of attorney for a citizen’s representative to receive his deposit in the bank, Money with him bank account, correspondence addressed to him in communication organizations, as well as for making other transactions on behalf of a citizen specified in paragraph one of this paragraph, can be certified by the relevant bank or communication organization. Such a power of attorney is certified free of charge.

(paragraph introduced by Federal Law of August 12, 1996 N 111-FZ)

5. Power of attorney on behalf of legal entity issued under the signature of his manager or another person authorized to do so by him constituent documents, with the seal of this organization attached.

Power of attorney on behalf of a legal entity based on state or municipal property, the receipt or issuance of money and other property assets must also be signed by the chief (senior) accountant of this organization.

Judge: Brezhneva S.V. No. 33-289

Speaker: Kraeva L.V.

APPEAL DECISION

February 11, 2014 Judicial panel for civil cases of Kemerovo regional court consisting of:

Chairman: Kraevoy L.V.,

And judges Zaitseva E.N. and Rusinova A.V.

Under secretary Kozyreva E.S.

Heard in open court without summoning persons participating in the case

According to the report of Judge L.V. Kraeva

Civil case on a private complaint by Kustova K. F. against the ruling of Judge Kemerovo district court Kemerovo dated December 12, 2013,

By civil case according to the claim of Kustova K.F. against Stimul LLC for the protection of consumer rights,

U S T A N O V I L A:

Kustova K.F. filed a lawsuit against Stimul LLC for the protection of consumer rights.

The requirements are motivated by the fact that she is the chairman of the board of an apartment building. By virtue of the provisions of Art. . pp. 5, 8 of the Housing Code of the Russian Federation, the plaintiff is empowered, in accordance with the decision of the general meeting of owners, to apply to the court for management matters apartment building according to the power of attorney issued by the owners at the general meeting. Since January 2009, the management functions of apartment building No. 19 have been carried out by Stimul LLC. On August 27, 2013, the plaintiff, on the basis of Art. - Law of the Russian Federation “On the Protection of Consumer Rights”, a claim was sent to the defendant due to the fact that deficiencies in the services were identified managing organization. In the entrances of the house number 1, 2 and 3 there are subscriber stations mailboxes, which are common property, are in a condition unsuitable for use, or are completely absent. In response to the plaintiff’s claim, the defendant indicated that all work was being carried out at the expense of overhaul and housing maintenance. The plaintiff's claim was rejected.

Asks the court to oblige the defendant to eliminate deficiencies in the maintenance (maintenance) and repair services common property at home, namely to replace the subscriber mailboxes with one color range in each entrance, so that there is a guarantee of their proper fastening to the walls on the flight of stairs between the first and second floors; collect a penalty for violating the deadlines for eliminating deficiencies in the work performed (service provided) provided for in this article; reimburse moral damage in the amount) rubles for each of the house owners; reimburse legal expenses

By the ruling of the judge of the Kemerovo District Court of the city of Kemerovo dated December 12, 2013, the claim of Kustova K.F., filed in the interests of the owners of apartment buildings for the protection of consumer rights, was left without consideration on the grounds provided for in Art. due to the fact that the plaintiff does not have the authority to sign and bring a claim in the interests of the owners of residential premises.

In a private complaint by Kustov K.F. requested the ruling of December 12, 2013 to be canceled due to misuse norms of substantive law.

The court ruling considers it illegal, indicates that housing legislation, in relation to housing relations for management of an apartment building, established special order issuance of a power of attorney by the owners of an apartment building specifically authorized person-Chairman of the council of an apartment building.

Referring to the norms of Art. . The Civil Code of the Russian Federation indicates that transactions requiring a notarial form require the filing of applications for state registration rights or transactions, as well as to dispose of registered in state registers rights must be notarized, except as otherwise provided by law. Such an exception is the norms of the Housing Code - Art. 161.1. and 164 in their systemic unity on the issue of representation of all owners of an apartment building, which indicates the form of the power of attorney - a simple written one and the method of its certification - the decision of the general meeting.

Referring to the norms of Art. Art. clause 5, 8 art. , clause 3 of Art. 164 indicates that on behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person having authority certified by a power of attorney issued in writing him by all or the majority of the owners of the premises in such a house.

According to Art. The Housing Code of the Russian Federation to the legal relations specified in paragraphs. 5. clause 8 art. . The Housing Code of the Russian Federation applies housing legislation regulating similar relations, that is, the norms of paragraph 3 of Art. , since this does not contradict their essence - in both cases the issue of exercising the rights of the owners of the house is resolved. The power of attorney is issued at the general meeting of owners. The legal and documentary form of the decision of the general meeting of house owners is the minutes of the corresponding meeting. Minutes of the general meeting of owners of premises in an apartment building are documents that have legal validity, in particular evidentiary value on issues within the competence of such a meeting and related to the management of an apartment building. Thus, the minutes of the general meeting are evidence of the power of attorney.

At the trial appellate court Kustova's representative K.F.-Kustov R.A., acting on the basis of a power of attorney, arguments private complaint supported.

The plaintiff Kustova K.F., the defendant Stimul LLC did not appear at the court hearing, they were properly notified of the proceedings, Kustova K.F. V written statement asked to consider the case in her absence. The panel of judges in accordance with the provisions of Art. and considered it possible to consider the case in the absence of persons who did not appear.

Having studied the materials of the civil case, discussed the arguments of the private complaint, checked the legality and validity of the court’s ruling in accordance with Part 1 of Art. , the judicial panel comes to the following.

Leaving the statement of claim by Kustova K.F. to Stimul LLC on the protection of consumer rights, the court of first instance indicated that the authority of the plaintiff, the chairman of the board of an apartment building, to sign statement of claim and its presentation to court in the interests of the owners of the premises has not been confirmed properly.

The panel of judges cannot agree with the conclusion of the trial court for the following reasons.

In accordance with the article of the Code of Civil Procedure of the Russian Federation, the tasks of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, other persons who are subjects of civil, labor or other legal relations.

According to Article of the Code of Civil Procedure RF interested party right in order established by law O civil proceedings, go to court for the protection of violated or disputed rights, freedoms or legitimate interests.

In accordance with the article, the court initiates a civil case upon the application of a person seeking protection of his rights, freedoms and legitimate interests.

According to Part 3 of the article, on the basis of a decision of the general meeting of owners of premises in an apartment building who directly manage such a house, on behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person having authority certified a power of attorney issued in writing to him by all or the majority of the owners of the premises in such a house.

According to clause 5, part 8, art. The chairman of the council of an apartment building, on the basis of a power of attorney issued by the owners of the premises in the apartment building, acts in court as a representative of the owners of the premises in this building in matters related to the management of this building and the provision of utilities.

As established by the court of first instance and confirmed by the case materials, Kustova K.F. is the owner of a residential premises located at the address: , (ld. 6-9).

As follows from the minutes of the general meeting of owners of premises in an apartment building dated September 15, 2012, the owners of a residential building have chosen a method of managing an apartment building in the form direct control owners of premises in an apartment building (case sheet 72-76).

The decision of the general meeting of owners of the premises of an apartment building located at the address: Yasnogorsky, dated August 27, 2013, approved the Council of the apartment building, and K.F. Kustova was elected chairman of the Council of the apartment building, who was issued a power of attorney to represent the interests of the owners of premises in the apartment building in court. From the text of the power of attorney dated August 27, 2013, it is clear that Kustova K.F. vested with the authority to sign and file claims on behalf of the owners of the apartment building.

The court came to the conclusion that the power of attorney signed by the participants in the general meeting of owners of an apartment building is not one of the documents confirming the authority of the chairman of the board of an apartment building to act in court as a representative of the owners of premises in this building, citing the provisions of Part 2 of Art. and that the power of attorney must be certified in notarial procedure, or an organization in which the principal works or studies, a homeowners’ association, housing, housing construction or other specialized consumer cooperative, managing an apartment building, a management organization at the principal’s place of residence, the administration of the social protection institution in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization higher education, if powers of attorney are issued by military personnel, employees of these units, formations, institutions, military professional educational organizations, military educational organizations of higher education or members of their families.

According to Art. The Housing Code of the Russian Federation to the legal relations specified in paragraphs. 5. clause 8 art. . The Housing Code of the Russian Federation applies housing legislation regulating similar relations, that is, the norms of paragraph 3 of Art. , since this does not contradict their essence - in both cases the issue of exercising the rights of the owners of the house is resolved.

It is indicated that the power of attorney is issued at a general meeting of owners. Based on the requirements of reasonableness and good faith (Part 2 of Art. Housing Code of the Russian Federation), decisions of the general meeting of owners of the premises of an apartment building are made with the aim of further implementation. The legal and documentary form of the decision of the general meeting of house owners is the minutes of the corresponding meeting. Minutes of the general meeting of owners of premises in an apartment building are documents that have legal, in particular, evidentiary value on issues within the competence of such a meeting and related to the management of an apartment building.

Thus, the minutes of the general meeting signed by the owners of residential premises in an apartment building is the proper evidence of the power of attorney.

Based systemic interpretation 1 tbsp. , part 3 art. , Civil Code procedural code, art. a notarized form of power of attorney is required to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers and must be notarized, except in cases provided for by law.

Such an exception is the norms of the Housing Code, Art. 161.1. and 164 in their systemic unity on the issue of representation of all owners of an apartment building, which indicates the form of the power of attorney - a simple written one and the method of its certification - the decision of the general meeting.

In addition, as can be seen from the materials of Kustov K.F. is one of the owners of the residential premises of an apartment building, and therefore she had the right to apply to the court with this statement of claim on her behalf as one of the owners in whose interests the interests are declared specified requirements, on the grounds of violation of his rights provided for by the Federal Law “On the Protection of Consumer Rights” dated 02/07/1992 N 2300-1. The fact that a duly certified power of attorney is not available is not grounds for leaving the application without consideration.

At specified circumstances, the determination cannot be recognized as legal and justified, is subject to cancellation, the case is based on the application of Kustova K.F. subject to referral to the same court for consideration of the application on the merits.

Guided by Art. , judicial panel

Defined:

Determination of the Kemerovo District Court Kemerovo region dated December 12, 2013 cancel.

Refer the case to the same court to consider the application on its merits.

Chairperson: Kraeva L.V.

Judges: Zaitseva E.N.

For representation in various organizations and protection of their interests, owners apartment buildings(MCD) has the right to assign certain powers their representatives. To do this, a power of attorney is issued to represent the interests of the owner.

To represent them in various organizations and protect their interests, owners of apartment buildings (MCDs) have the right to vest certain powers in their representatives. To do this, a power of attorney is issued to represent the interests of the owner.

Who can be a representative

Considering the level legal consciousness V modern society, we can confidently say that there is a fairly developed and stable institution of representation in our country.

According to Art. 48 of the Code of Civil Procedure of the Russian Federation, citizens have the right to conduct their affairs through representatives. The affairs of organizations are conducted by their bodies, acting within the limits of their powers.

Example

In order to request and receive an extract from unified register legal entities, executive, in our case an accountant, must submit to the tax authorities a power of attorney with clearly defined terms of reference.

But the legislator does not limit the circle of representatives for organizations only to employees; it is possible to represent the interests of organizations by an invited specialist.

Can represent interests in court capable persons, with the exception of persons provided for in Art. 51 of the Code of Civil Procedure of the Russian Federation, and the persons specified in Art. 52 of the Code of Civil Procedure of the Russian Federation, have representative powers by force of law.

The court may independently appoint a representative in the case in cases provided for by federal law.

The powers of the representative must be specified in the power of attorney. A power of attorney is a written authority issued by one person (represented, principal) to another (representative) for representation before third parties. A power of attorney is a document that confirms that a representative has the rights to act on someone else’s behalf and defines the conditions and boundaries of these rights.

Read also:

New rules on representation and power of attorney in the housing sector

Residential real estate entities often do not have the opportunity to independently represent their interests when signing contracts

The power of attorney is a one-sided deal, and apply to it general rules established for transactions of this kind. The consent of the representative to issue it is not required, however, the exercise of powers depends on the will of the representative - he has the right to refuse it (Articles 155, 156 of the Civil Code of the Russian Federation). It is allowed to issue a power of attorney on behalf of several persons, and one or several persons can act as a representative.

Depending on the nature and scope of the powers granted, it is customary to distinguish between general, special and one-time powers of attorney.

• General powers of attorney are issued to manage and dispose of the principal’s property, to carry out all possible deals, representation before any third parties (this form of power of attorney is widespread when determining the terms of reference between relatives).
• Special powers of attorney authorize legal actions in a certain area or for concluding a number of similar transactions. An example would be a power of attorney issued to conduct business in court. It is important that such a power of attorney specifically stipulates the right of the representative to sign the statement of claim, present it to the court, and submit the dispute for consideration arbitration court, filing a counterclaim, full or partial waiver claims, reducing their size, recognizing the claim, changing the subject or basis of the claim, concluding a settlement agreement, transferring powers to another person, appealing court order, presentation executive document for collection, receipt of awarded property or money (Appendix 1).
• A one-time power of attorney is issued to perform one legal action(signing an agreement, receiving goods, documents, etc.). An example would be the above case of receiving a document from tax authority(Appendix 2).

The power of attorney is made only in writing in the form special document, letters, telegrams, etc. In court, the powers of a representative can be determined in orally by the principal himself and entered into the protocol court session.

The document must contain the data necessary for recognition of its power of attorney, namely: the date and place of preparation, details of the representative and the represented, terms of reference. When a power of attorney is issued to carry out transactions that require a notarial form, it is certified by a notary (Article 163 of the Civil Code of the Russian Federation).

A power of attorney on behalf of an organization is issued signed by its head or another person authorized to do so by the constituent documents, sealed with the seal of this organization.

Powers of attorney issued to citizens can be certified in addition to a notary by the organization in which the principal works or studies, homeowners' association, residential complex, housing cooperative or other specialized consumer cooperative that carries out MKD management, the managing organization at the place of residence of the principal, the administration of the social protection institution in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander of the relevant military units, formations, institutions, military educational institution, if the power of attorney is issued to military personnel, employees of these units, formations, etc.

To protect our rights and legitimate interests, we have every right by force of law. We can protect our rights independently or through the institution of representation.

How to legitimize the powers of the owners’ representative

To protect our interests of the HOA it is necessary to proceed from the fact that the partnership is a legal entity and the powers of the founders are outlined in the charter. Thus, the powers of the chairman of the partnership may provide for his personal representation in court in protecting the rights and legitimate interests of the HOA, but does not exclude the protection of rights through a representative. IN the latter case the chairman of the partnership gives the representative the appropriate powers to commit certain actions. Depending on the nature and scope of powers, these may be special and one-time powers of attorney.

As for homeowners who have not chosen any organizational and legal form, the algorithm of actions for protecting their rights is as follows. It is necessary to hold a general meeting of homeowners in accordance with the requirements of the Housing Code. The agenda outlines the circle of persons and the scope of powers in protecting rights and interests owners of apartment buildings(often such powers are delegated to the chairman of the house committee). If, due to circumstances, it is not possible to determine specific person capable of taking on similar powers, it may be advisable to delegate powers to the chairman of the house committee with the right to attract a representative in the case. In this case, the issued power of attorney (Article 185 of the Civil Code of the Russian Federation) is certified by the management organization servicing the apartment building. IN trial As a rule, a power of attorney is provided along with the minutes of the general meeting of the decision taken to protect the rights of owners of apartment buildings. “Management of an apartment building”

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Power of attorney to represent the interests of the property owner

Power of attorney to represent the interests of the homeowner: Article 48 of the Housing Code states that a power of attorney for voting can be drawn up in writing and must comply with paragraphs 3 and 4 of Article 185.1 of the Civil Code of the Russian Federation.
Question:
1. Should a power of attorney to represent the interests of a homeowner only be notarized?
2. Are there any precedents where a power of attorney to represent the interests of a homeowner that was not notarized was declared void by the court?

1. Yes it should 2. simple, not certified has no legal force

I have a notarized power of attorney from the homeowner to represent his interests - can I represent his interests at a general meeting of homeowners (HOA), if the power of attorney says that I can represent him in all public organizations.

Good afternoon You can

Question: does the chairman of the HOA have the right to certify the power of attorney of a member of the HOA to represent his interests (voting) at a general HOA meeting? Referring to clause 3 of Article 185.1 of the Code, as amended on September 1, 2013, clause 4 of Article 185 of the Civil Code of the Russian Federation and the requirement only notarization powers of attorney.
Sincerely, Vladimir.

Hello The HOA Board does not have the right to certify proxies for voting at the general meeting of HOA members. These associations can only certify powers of attorney to their employees, like any organization with which a person has an employment relationship. Good luck

Who can certify a power of attorney to represent the interests of the owner of a residential premises in a common MKD meeting?

Notary - art. 185 of the Civil Code of the Russian Federation.

Housing Code Article 48. Voting at a general meeting of owners of premises in an apartment building 2. A representative of the owner of premises in an apartment building at a general meeting of owners of premises in a given building acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of bodies local government or a written proxy for voting. The power of attorney for voting must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Article 185 Civil Code Russian Federation or notarized.

Should a power of attorney to represent the interests of a homeowner be notarized, or is the owner’s signature sufficient?

Notarization is required

The power of attorney is certified by a notary.

A member of the HOA requested a power of attorney to represent the interests of the HOA through the prosecutor's office, while the HOA did not initiate any legal or other cases. Today he is suing the HOA, demanding that documents be issued to him and we delegate the owners to represent the interests of the HOA as witnesses.
He submitted a claim to the court.
What to do?

Nothing. There is no reason to require a power of attorney. Representation of interests is a decision of the board or owners

Is it necessary to have a power of attorney certified by a notary to represent the interests of the homeowner in management company?

Hello! Yes, it must be certified by a notary

Hello! There are several options: either notarization (for a fee), or free of charge at the management company or at the place of work. cm. . Registration of powers of the representative. 1. The powers of the representative must be expressed in a power of attorney issued and executed in accordance with the law. 2. Powers of attorney issued by citizens can be certified by a notary or by the organization in which the principal works or studies, a homeowners’ association, a housing, housing construction or other specialized consumer cooperative that manages an apartment building, a management organization at the principal’s place of residence, the administration of the social protection institution in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization of higher education, if powers of attorney are issued military personnel, employees of these units, formations, institutions, military professional educational organizations, military educational organizations of higher education or members of their families. Powers of attorney of persons in places of deprivation of liberty are certified by the head of the corresponding place of deprivation of liberty. (as amended by Federal Laws dated October 18, 2007 N 230-FZ, dated July 2, 2013 N 185-FZ) (see text in the previous edition) 3. A power of attorney on behalf of the organization is issued signed by its head or another person authorized to do so by its constituent documents of the person, sealed by the seal of this organization (if there is a seal). (edited) Federal Law dated 04/06/2015 N 82-FZ) (see text in the previous edition) 4. Legal representatives present to the court documents certifying their status and powers. 5. The right of a lawyer to speak in court as a representative is certified by a warrant issued by the relevant legal entity. 6. The powers of a representative may also be determined in oral statement entered into the minutes of the court session, or a written statement of the principal in court. Good luck to you

Does a family member of the homeowner need a power of attorney to represent his interests at a meeting?

Yes, a power of attorney is required.

If the mother is not the owner of the property, but she was given a power of attorney to represent the interests of the owner at the meeting by the owner (daughter). At the meeting general decision she was chosen as a member audit commission, could she have been elected to the audit committee?

Hello! Yes, she could have been elected to the audit committee. The only requirement for candidacies for members of the audit commission of a homeowners' association that the Code imposes is that these persons cannot be members of the board of the association. Therefore, it appears that the audit commission may include individuals, both those who are and those who are not members of a given homeowners association. Sincerely, A.E.S.

Can a power of attorney to represent the interests of the owner of a residential premises be certified at the place of work of the principal?

No, only at the notary.

Representation of interests where? In court - maybe. In other cases - no.

Notary only

Chairman of the HOA draws up powers of attorney to represent the interests of apartment owners in her own name and certifies them herself. Is this legal?

Alexey Eduardovich, good evening. It is illegal. Look closely Housing Code Russian Federation, Civil Code of the Russian Federation and HOA Charter, which cannot contradict these codes. Good luck.

The HOA states that if a person acts according to notarized power of attorney to represent his interests as the owner in all instances, which stipulates the right to submit applications and perform other actions related to this power of attorney, then he still does not have the right to write an application to join the HOA. Is it so? or not? If not, what should you rely on in a conversation with the homeowners association?

The attorney has the right to act within the scope of powers under the power of attorney. If the principal has delegated to you the authority to sign the application, then the HOA does not have the right to refuse.

Does a homeowner need HOA member certify, by someone, a power of attorney to represent interests at a meeting of the homeowners association.

Of course, everything is as usual.

Who must certify the power of attorney to represent interests at the homeowners association meeting.

Who should certify the power of attorney to represent interests at the HOA meeting? It is better to have it certified by a notary

The HOA is the defendant in the lawsuit. The chairman of the board of the HOA issued a power of attorney to represent the interests of the HOA in court to a third party (to file and sign claims and statements... etc.). Does the chairman of the HOA board have the right to issue such a power of attorney? The charter and minutes of meetings do not give the chairman such a right. The board did not make a decision to issue such a power of attorney. The Cost Estimate does not include costs for representation in court.

The chairman of the HOA is authorized to issue powers of attorney to third parties to represent his interests in court.

Can an HOA give a power of attorney to an individual? person to represent interests in court? Thank you.

Yes, he can issue a power of attorney to represent interests in court.

Maybe the chairman HOA boards sign a power of attorney to represent the interests of the HOA in court on behalf of the legal entity to the representative?

Yes. It is he who performs the functions of the sole executive body.

Anna Sudak

# Business documentation

Find out which types of powers of attorney must be notarized and which are not. Download free samples documents.

Article navigation

• Sample power of attorney to represent the interests of an individual in court
• General power of attorney to represent interests
• Sample power of attorney to represent an individual
• Sample power of attorney to represent interests in a bank
• Sample power of attorney for representation of interests individual entrepreneur(IP)
• What we certify to a notary

A power of attorney is the transfer of your powers to another person or organization. Such a document can be received by both legal entities and individuals.

Such a document is drawn up in free form by hand or computer typed.

The document must contain points that fully disclose its purpose. Namely:

• Title. Typically, this is the name of the document itself.
• What should be done and how trustee. It is imperative to indicate the date the power of attorney was written, otherwise the document will not come into force.
• Details of the one who trusts and the one who is trusted. If this is an organization, you should indicate the company details. If an individual, passport data (usually the first, second pages and registration).
• What rights are you transferring to the trustee? That is, what exactly can a person to whom you have entrusted the solution of a particular issue do on your behalf.
• The period during which the document has legal force(not always).
• Signature of someone who trusts.

Sample power of attorney to represent the interests of an individual in court

Power of attorney to represent interests in arbitration court(By administrative matters and not only) is issued to a lawyer or any other person.

The power of attorney lists the powers that the authorized person has to resolve a particular issue in all necessary government authorities. That is, a trusted person can use all the instruments of influence that the principal has given him.

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General power of attorney for representation of interests

The maximum validity period of such a power of attorney is three years. There is no approved form of power of attorney for representation of interests; it is drawn up in any form.

For example, let's take a form for receiving documents. It is not necessary to have this document certified by a notary.

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Sample power of attorney to represent an individual

You write out a document of this type when you transfer the rights to an authorized person to represent you. For example, you cannot pick up your diploma from the university and want to delegate this task to your friend. You fill out the form, indicate what exactly you want from trustee, get it certified by a notary and get the result. Documents of this type are always notarized.

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If with individuals everything is simple, but with legal ones it’s more complicated. A little. Why? Simply, a legal entity can transfer its powers to both other legal entities and individuals. Fundamental difference in the shape of. Let's look at a sample standard document transfer of a power of attorney from a legal entity to a legal entity. Certification by a notary is necessary if the authorized representative will:

• carry out transactions on behalf of the company for contracts requiring notarization;
• perform actions within the framework of the rights recorded in the State Registers (for example, the sale of a land plot);
• have the right to submit applications for state registration of transactions (for example, with real estate).

In all other cases, notarization is not required.

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And this is what a power of attorney from a legal entity to an individual looks like:

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No company is immune from inspections government agencies. When conducting a company audit, the presence general director not necessary, since a trusted person can also take the blow. Why not?

It is not necessary to have this document certified by a notary.

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To transfer authority in resolving issues with the fund social insurance, it is necessary to issue a power of attorney from the FSS. IN modern realities The Social Insurance Fund is authorized to conduct inspections of employers, as well as administer a number of insurance contributions (including sick leave and maternity benefits). It is not necessary to have this document certified by a notary.

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It will be needed to resolve issues related to vehicles in the traffic police and the police. It is not necessary to have this document certified by a notary.

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Discharged in any situation where it is involved minor child, student at school. Of course, if third parties are involved in the situation: grandmothers, aunts, uncles, etc. It is not necessary to have this document certified by a notary.

This is what the form looks like:

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Here all the data of the two parties is indicated: the one who trusts and the one who is trusted, and also all the actions and powers of the trusted person are prescribed. This document is certified by a notary in two cases:

• if the power of attorney was issued by way of subpoena;
• if the power of attorney was issued to represent interests in the tax office.

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Sample power of attorney to represent interests in a bank

Any organization has the right to trust whoever it wants to represent itself in the bank. Regardless of status. This type of document (at a meeting of creditors or for other actions related to the banking structure) can be one-time or long-term. It is not necessary to have these documents certified by a notary.

For individuals:

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For a legal entity:

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Sample power of attorney to represent the interests of an individual entrepreneur (IP)

Prepared to transfer authority to an accountant. Or an employee authorized to conduct accounting. It is necessary for a business owner to relieve himself of obligations to the Federal Tax Service. But not only. It all depends on the actions prescribed in the power of attorney, entrusted to the shoulders of the one who is trusted. A document requires notarization in two cases:

• if there is no IP seal on it;
• if it is issued to represent interests in the tax office.

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The life of an accountant is not easy. Especially if the Federal Tax Service does not accept documents without a power of attorney. But this is no reason to despair. After all, it is very simple to arrange them. The main thing is that the principal writes that all the documents that you provide for verification are current. Power of attorney of this type requires certification by a notary.

Well, it will look like this:

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A power of attorney with the Federal Antimonopoly Service is the right to represent a company in the Federal antimonopoly service.

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The main attribute is the company seal. This is what an example of filling out documents looks like: Used for document letterhead Notarization is not required.

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With the help of this document, you can resolve all your dacha and land issues through a third party. Certification by a notary is not necessary if there are no transactions for the sale or purchase of land.

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What we certify to a notary

Most powers of attorney, according to the Civil Code, can be written by hand, without notarization. But for some, a notary’s seal is a necessity. Therefore, before you run to the notary, once again carefully study the type of power of attorney, what capabilities the document has after writing and, of course, whether a notary’s signature is needed for the document to have legal force.