Power of attorney to conduct business activities. Sample power of attorney to represent the interests of an individual entrepreneur

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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. Each type has its own 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 lawsuits 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 the 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 paper 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.

A person who is engaged in entrepreneurial activity does many things during the working day. An individual entrepreneur (hereinafter referred to as an individual entrepreneur) strives for his business to develop, grow and bring tangible benefits. Agree with suppliers, find clients, ensure that the purchased goods reach their destination unharmed, resolve conflict situations... In addition, record keeping, drawing up endless documents that require special knowledge, simply “eat up” a considerable amount of time. Sometimes it’s difficult to cope on your own, but there is still a way out. Some part of the work can be transferred to a trusted person by issuing a power of attorney from the individual entrepreneur. This document is diverse in its structure and nature. Let’s find out what types of documents exist and how they should be drawn up.

Power of attorney, what is it?

The very word “power of attorney” speaks for itself. This is a kind of carte blanche to perform actions on behalf and on behalf of one person to another. The relationship between an entrepreneur and an attorney is based on trust.

From a legal point of view, a power of attorney is a one-sided transaction. A power of attorney from an individual entrepreneur is a written document that is issued by an entrepreneur to another person authorized to perform significant actions from a legal point of view in front of third parties. Moreover, the range of actions can be different - from a one-time receipt of inventory items to conducting a case in court and representing interests in various government agencies and authorities. Actions performed by a trustee are considered as if committed by the principal himself and give rise to consequences from a legal point of view only for the entrepreneur.

Types of powers of attorney

The most common cases of the need to issue a power of attorney are: registering a business, receiving material assets, relationships with banking institutions, as well as issuing a document to an accountant for submitting and requesting the latter to submit the necessary documents and reports to the tax office, representing the interests of the entrepreneur in relations with various public and private structures.

A sample power of attorney from an individual entrepreneur to perform the listed actions can be found in institutions where such actions must be performed. A power of attorney can also be issued for specific actions (one-time) or for a long time to perform similar, repeated actions. A special type of document is considered a general power of attorney - this is a power of attorney from an individual entrepreneur, which is issued to perform various actions for a long period.

Power of attorney form

The form of the document can be simple written and notarized. In which cases a simple form is required, and in which a notarial form is required, is provided for by the norms of civil legislation.

A power of attorney from an individual entrepreneur must be drawn up in accordance with certain rules, otherwise it will be a piece of paper with some kind of instruction that has no legal force. It should be noted that there is no single mandatory or standard form of the document; when drawing up and issuing it, one must be guided by the norms of the civil and tax codes that define the requirements for its content.

Power of attorney for tax authorities

The Tax Code provides that a tax power of attorney from an individual entrepreneur, a sample of which is available at the tax office itself, if the entrepreneur does not have a seal, must be notarized. The presence of a seal greatly simplifies the matter - it is enough to correctly register the authority of the authorized person, put a signature, which is sealed, register other necessary details - and the document can be used to perform authorized actions.

Power of attorney to receive goods from an individual entrepreneur

The sample document is unified, approved by a resolution of the State Statistics Committee and is of a recommendatory nature. This kind of power of attorney is necessary in the case where it follows from the concluded agreement with suppliers that the goods must be received at the location of the supplier or at the location of the goods. An individual entrepreneur can develop his own form of document, which is not prohibited by law.

A sample power of attorney to receive goods from an individual entrepreneur is presented below.

POWER OF ATTORNEY

The twenty-ninth of July two thousand fifteen

City of Simferopol Republic of Crimea

I am a citizen of the Russian Federation Petr Vasilievich Sidorov, born 04/13/1986, registered as an individual entrepreneur, TIN 211121314125, passport 2321 212521, issued on September 14, 2006 by the department of the Federal Migration Service of Russia for the Republic of Crimea, division code - 123-111, living at the address: Simferopol , Vorovskogo street, building 12, apartment 16,

citizen of the Russian Federation Alexander Ivanovich Semenchenko, born on March 30, 1987, passport 1234 344534, issued on February 13, 2008 by the department of the Federal Migration Service of Russia for the Republic of Crimea. division code - 233-244, living at the address: Simferopol, Pushkin street, building 33, apartment 21,

on my behalf, receive from ODO “Home Computer” the following goods and materials:

monitor (monitor parameters, its brand and other information about the equipment that allows it to be identified);

system unit (information about the system unit).

I grant the right to sign all documents, as well as to perform actions not directly provided for by this power of attorney, but necessary to fulfill this instruction.

Signature Semenchenko A.I. I certify.

The power of attorney was issued for a period of 14 days.

Signature: Sidorov Petr Vasilievich

(seal of an individual entrepreneur).

Power of attorney to represent the interests of an individual entrepreneur in court

Entrepreneurial activity is carried out at your own risk. In the course of doing business, no one is immune from disagreements, misunderstandings and sometimes even conflicts with counterparties. If the dispute cannot be resolved peacefully, it is necessary to call on government authorities for help, in particular, to apply the judicial procedure for resolving the dispute. In judicial instances, it is advisable to entrust the conduct of cases to a specialist - a lawyer or lawyer, by issuing a power of attorney for the latter, using the appropriate sample.

Powers of attorney to represent the interests of individual entrepreneurs can easily be found on the World Wide Web or in special books. It should be noted that there is no single standard form of the document. An entrepreneur has the right to develop a sample and form of power of attorney from an individual entrepreneur to represent interests at his own discretion. It is also better to entrust the development of the document to a specialist, so that in the future it will not be declared invalid or not accepted by the court as confirmation of the powers of the trustee.

What needs to be included in a power of attorney to represent interests in court?

A sample judicial power of attorney from an individual entrepreneur must contain the following details:

1. Place of preparation, date of issue (without the last details the document will be invalid).
2. Full name of the individual entrepreneur, information on registration as an entrepreneur.
3. Full name, passport details of the authorized person, including place of registration.
4. A complete list of actions that an authorized person can carry out. In this paragraph, it is desirable to reflect all the powers of the party in the lawsuit, which can be taken from the procedural codes.
5. Duration of the power of attorney.
6. Signature of the individual entrepreneur and his seal.

Power of attorney for a bank issued to an individual

This type of power of attorney stands somewhat apart. There is no mandatory notarized form of power of attorney in relations with banking institutions. But the banks themselves prescribe rules that cannot be ignored. In particular, many financial and credit institutions develop document forms that their clients should use. The power of attorney from the individual entrepreneur to the individual was also not ignored. face. In this case, there are advantages. The entrepreneur can only enter the necessary information into the form provided.

General power of attorney

These types of powers of attorney are often common in business. A general power of attorney gives the trustee the maximum amount of authority. In fact, a representative by proxy can perform any actions on behalf of the entrepreneur: enter into contracts, sign documents, manage a bank account, represent his interests before counterparties and regulatory authorities. The entire conduct of the business is essentially in the hands of the trustee. The form of power of attorney from an individual entrepreneur is provided for notarized.

Power of attorney for an individual entrepreneur

Powers of attorney are drawn up not only in favor of the entrepreneur’s trustees and assistants, but also directly for them to perform representative and other professional functions. For example, an individual has the right to issue a power of attorney for an individual entrepreneur in the case where the entrepreneur carries out his professional activities, provides services (which can be legal, accounting, consulting), and the citizen needs to receive this type of service. The law provides for the form of power of attorney to be notarized.

And finally, it should be noted that when issuing powers of attorney to your assistants, you need to remember not only about the correct drafting and execution of the document, but also be scrupulous in choosing a proxy. The fate of the business of the represented individual entrepreneur sometimes depends on the literacy and correctness of the latter’s actions.

A business entity in the status of an individual entrepreneur performs all legal actions relating to its activities in its own name. However, some circumstances may make it impossible to attend events that require direct presence. This problem can be quickly resolved if you issue a power of attorney to an individual entrepreneur to represent interests. It is worth noting that The principal is responsible for the consequences of the actions of the trustee.

How to issue a power of attorney for an individual entrepreneur

Power of attorney - what is it?

Despite the different directions in the activities of business entities, the implementation of an entrepreneurial idea is based on identical operating principles. They are embedded in the possibility of representing the interests of the head of the company by another person, who may be an employee who has the right to conduct accounting. The operation is necessary in situations where the employer is not able to perform any actions due to lack of free time, or if he does not want to burden himself with unnecessary hassle.

Sample of a simple type of power of attorney, executed “by hand”

A document by which an individual entrepreneur trusts an individual to represent his interests before third parties is called a power of attorney. Depending on the legal requirements relating to the specific scope of the document, it can be drawn up:

• in an arbitrary or unified form;
• in written or printed form;
• in simple or notarized form.

The documentation set of each head of a business entity should contain a pre-developed sample of a power of attorney from an individual entrepreneur to an individual to represent interests, so that, if necessary, they can quickly draw up documentation. The authorized person may be delegated powers in full or limited extent. Based on these concepts, a power of attorney may be of a one-time nature if it is necessary for a specific action that is limited in time.

A special document is drawn up for activities of a homogeneous nature that are regularly repeated. A general power of attorney, or general, as many notaries call it, allows you to perform all legal actions, including property ones, on behalf of the principal.

Dealing with commercial issues and business development on your own is difficult, so you will need the help of other people. To do this, you need a power of attorney from an individual entrepreneur to conduct business for an individual, a sample of which is available on specialized websites. Such a document will be useful in many cases, for example, for representing the interests of an entrepreneur in various government agencies.

Some situations require the personal presence of an entrepreneur, but a businessman cannot always combine business and documentary issues. Therefore, the law allows to attract other individuals to represent the interests of individual entrepreneurs on the basis of a notarized power of attorney.

A power of attorney will be required from the individual entrepreneur in the following cases:

1. Contact the Federal Tax Service. These can be different issues ranging from registration of an individual entrepreneur to its liquidation. The document will be needed when making changes to the Unified State Register of Individual Entrepreneurs, for example, adding to OKVED or changing the address of a businessman.
2. To interact with government agencies.
3. To work with a current account. Based on a power of attorney, you can open or close an account, withdraw cash or make a transfer of funds.
4. To receive documents or material assets by mail. Although for such purposes a standard form certified by the business owner is sufficient.
5. To represent an entrepreneur in court. Such a document can be issued to a lawyer of the enterprise or an employee of a law firm.
6. For contacts with counterparties. The document will allow you to conclude contracts and make additions to them on behalf of the businessman.

A power of attorney for an individual entrepreneur with the right to sign is useful when a businessman is employed, in case of his absence from the country or illness.

The need for the services of a representative arises for various reasons; the businessman chooses one of the types of documents that will correspond to the need.

Types of powers of attorney:

1. One-time. Not suitable for systematic use; most often it is prescribed for one transaction, for example, receiving funds or goods. It can be issued to an employee in the absence of the main authorized person.
2. Special. Necessary for conducting activities in one of the areas of business. The document can be issued in the name of a lawyer representing the interests of the individual entrepreneur in the judicial authorities. Such a power of attorney is issued to an accountant or cashier for conducting banking operations, providing documents to certain organizations, a freight forwarder for making purchases, etc.
3. General. Such a document gives a wide range of powers to the representative. Starting from starting a business to selling property to individual entrepreneurs. The power of attorney is entered into a special database, where it is always possible to verify its authenticity. Such a document is certified by a notary.

A sample power of attorney from an individual entrepreneur to an individual to represent business interests has two forms:

1. Simple. It has no specific requirements, is drawn up in any form and is certified only by the business owner. To issue such a power of attorney for an individual entrepreneur, you can download a sample on the Internet and fill it out by hand or on a computer. It is issued for one-time transactions, but is not always suitable for interaction with government agencies. Certified by the signature and seal of the individual entrepreneur. In the absence, some actions will be unlawful and such a document will be considered void.
2. Notary. There is a list of operations established by law that cannot be carried out using a simple power of attorney, for example, representing an individual entrepreneur in court, so a notarized document is required. Such a power of attorney gives more powers and will allow you to carry out instructions related to the business activities of the individual entrepreneur. In addition, such a document inspires confidence among partners.

It is important to trust your own business issues to a reliable and trusted person. It will be very difficult to challenge his actions on the basis of a power of attorney.

The document issued by an individual entrepreneur has the same form as in the case of an individual. The form of filling out does not matter; you can fill it out by hand or on a computer. If you need a power of attorney to represent the interests of an individual entrepreneur, a sample can be downloaded from a specialized website.

The main thing is to fulfill the following design requirements:

• enter the last name, first name, patronymic, entrepreneur identification code, number and date of the document confirming entry into the Unified State Register of Individual Entrepreneurs;
• indicate the passport details of the representative: full name, tax identification number, registration address;
• list the powers that are given to the authorized person: registration issues, the right to represent interests in government agencies and before partners, work with funds and material assets, etc.;
• indicate the date and place of compilation. Without a signing date, the document will be invalid.
• determine the validity period. Without this condition, the representative’s actions are unlawful.

The power of attorney is certified by the businessman in the presence of a notary; the signature of a representative is not required. A seal is not a requirement for a legally certified document.

There are a number of actions that cannot be carried out by a representative of an individual entrepreneur without a document certified by a notary.

These include:

1. Registration issues: opening an individual entrepreneur, making changes to the unified register, liquidating a business.
2. Interaction with regulatory authorities, for example, submitting reports, resolving controversial issues regarding payments, obtaining certificates from the Federal Tax Service.
3. Opening a current account in a banking institution and managing cash flows.
4. Registration of a general power of attorney for business-related transactions.

To issue a power of attorney for an individual entrepreneur, contact a law firm. There is no need to fill out the form; the notary will prepare the necessary form himself.

Stages of registration:

• a visit to a notary with all the necessary documents: passport of the individual entrepreneur and representative, certificate confirming the registration of the business;
• the notary provides information about both parties and the terms of reference of the trustee;
• the form is checked for errors and certified;
• The document number is entered by the notary into the register;
• The power of attorney is issued immediately after registration, there is no need to wait.

If necessary, you can request a notarized copy of the document.

Immediately after the registration procedure, the document comes into force and the representative can perform his duties.

Peculiarities

There are important aspects that an entrepreneur should not forget about. They will allow you to avoid conflicts and conduct business safely.
What you need to pay attention to:

1. Responsibility for the actions of a representative on the basis of a power of attorney falls on the individual entrepreneur. Carefully approach the issue of choosing a trusted person, otherwise the consequences can be disastrous. If you are not completely confident in the reliability of the representative, limit his responsibilities. In case of unlawful actions, the individual entrepreneur faces not only administrative, but also criminal liability.
2. The power of attorney is certified only by the entrepreneur and a notary; the representative does not have the right to make any entries in the document.
3. Keep a log of the issuance of powers of attorney, which will indicate the number, validity period and powers of the authorized person. This will allow you to control the execution of transactions.
4. This document is certified only by individual entrepreneurs; other employees do not have such authority.
5. The validity period of the power of attorney is set by the entrepreneur; for a general power of attorney - no more than 3 years, after which a new document is drawn up. The individual entrepreneur has the right to cancel this document at any time by notifying the notary and his partners. The automatic termination of the legal force of a power of attorney occurs in the event of liquidation of the individual entrepreneur or death of the businessman.

As for errors in the power of attorney, the law establishes that the document will be invalid if it contains inaccurate passport data, namely the full name, gender, date and place of birth of the representative. Errors in other passport data are not grounds for declaring a transaction void.

A power of attorney is an opportunity to shift some responsibilities to a representative, but this does not relieve you of responsibility, so when drawing up, weigh the pros and cons.