If the power of attorney does not indicate its validity period, then it is valid. What is the maximum validity period of a power of attorney - a power of attorney without an expiration date

On September 1, 2013, amendments to the Civil Code 1 came into force. In particular, they were included in the text of Chapter 10 “Representation. Power of attorney". However, with the update of the rules for issuing powers of attorney, not only new opportunities appeared, but also problems.

Durable Power of Attorney

The previously existing restriction, according to which a power of attorney could be issued for a period of no more than three years, was abolished by the legislator. Now a power of attorney can be issued for almost any amount of time. long term. At the same time, rule 2, according to which “if the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution” remains in force. In addition, any power of attorney, regardless of the period for which it was issued, terminates from the moment of the death of the citizen or the termination of the legal entity on whose behalf or to whom the power of attorney was issued 3 . A new basis for termination of a power of attorney is the introduction of a bankruptcy procedure in relation to the represented or representative, in which the corresponding person loses the right to independently issue powers of attorney.

Cancellation of the power of attorney expiration date may lead to an increase in the number of sham transactions, pursuing the goal of concealing the actual purchase and sale of property and avoiding payments due in connection with this tax payments. On the other hand, transactions with property previously transferred on the basis of a “general” power of attorney can now be made much less frequently. It is no secret that one of the reasons that appeared in last years It was fashionable to change the car at least once every three years, which was precisely the existing limitation on the maximum validity period of the power of attorney.

Power of attorney of the organization without the seal and signature of the chief accountant

From September 1, 2013, the procedure for issuing a power of attorney on behalf of a legal entity (now provided for by the Civil Code of the Russian Federation) has been significantly simplified.

According to the new rules, the right to issue such powers of attorney is granted to persons authorized to do so in accordance with the law, even in the absence of a corresponding indication in the constituent documents of the organization.

In the text the said article Nowhere does it say that it is necessary to put the organization’s seal on the power of attorney issued by it.

The signature of the chief (senior) accountant is not required for powers of attorney to receive or issue money and other property assets. Previously, this requirement was mandatory in some cases.

It seems that the changes that have occurred, although they will facilitate the passage of existing bureaucratic procedures, are nevertheless premature. Of course, affixing the organization’s seal to the power of attorney modern conditions can no longer exclude the possibility of its forgery. But nevertheless, this requirement in a certain way complicated this procedure, and with its abolition, the risk of involving counterfeit powers of attorney in business transactions increases. At the same time, acting regulations do not provide effective mechanisms for express verification of the authenticity of such documents. In our opinion, even after September 1, 2013, affixing the organization’s seal to the power of attorney will not entail its automatic invalidity. Finally, regarding the most significant powers of attorney the authenticity of the signature can be certified by a notary (even if the law does not require mandatory notarization provided for by the power of attorney transactions). However, organizations will lose the opportunity, citing the law, to demand mandatory compliance this procedure from their counterparties.

In the current conditions, we can recommend that organizations “play it safe” and include in the text of contracts with their counterparties a requirement for the mandatory affixing of the organization’s seal on powers of attorney drawn up as part of the execution of a transaction or the mandatory notarization of such powers of attorney.

It should be noted that the need to affix the power of attorney with the seal of the organization remains for cases of formalizing the powers of a representative in court 4 .

Collective power of attorney

The classic definition of a power of attorney as a document issued by one person to another for representation before a third party is also becoming a thing of the past. From September 1, 2013, one power of attorney can formalize the transfer of powers not only to one, but also to several persons 5 . At the same time, it is permitted to issue one power of attorney on behalf of several persons at once. Moreover, the legislator does not require the execution of a multilateral power of attorney only in relation to homogeneous or similar instructions. So the powers provided for by such a power of attorney may not be related to each other.

Any differences in payment state duty for such a power of attorney has not yet been established. The amount of the state duty is calculated based on the number of powers of attorney issued and does not depend on the number of represented persons and their representatives indicated in it 6 .

Thus, this innovation can be considered as another attempt by the legislator to reduce the bureaucratic and financial burden on participants in economic turnover. At the same time, the method regulatory implementation this innovation in Once again causes many difficult problems to resolve practical issues.

Thus, if a power of attorney is issued to several representatives, each of them has the powers specified in the power of attorney, unless it stipulates that the representatives exercise them jointly 7 . At the same time, the Civil Code does not explain in what order representatives must coordinate their joint actions and what consequences are possible if their actions entail mutually exclusive consequences.

It should also be noted that, in accordance with new edition subparagraph 2 of paragraph 1 of Article 188 of the Code, the power of attorney is terminated due to its cancellation by one of the persons who jointly issued the power of attorney. At the same time, as before, the person who issued the power of attorney and subsequently canceled it is obliged to notify about this decision only the person to whom the power of attorney was issued, as well as third parties known to him, for whose representation the power of attorney was given 8 . The law does not provide for the need to notify other persons who issued a joint power of attorney about its cancellation.

In the case of issuing one power of attorney on behalf of several persons, objective difficulties may arise with the fulfillment of the requirements of another norm 9 . In it we're talking about on the obligation of the person to whom the power of attorney (and his successors) was issued, upon termination of its validity, to immediately return it. Will it be considered proper execution prescribed duty return of the power of attorney to one of the persons on whose behalf it was issued? Must the person to whom the power of attorney has been returned notify others of this?

Do not forget that the content of a multilateral power of attorney may be more difficult to understand and apply than several unilateral powers of attorney, and its execution can be much more difficult. complex procedure. All this will require additional training from the parties to the business transaction and notaries.

Power of attorney without power of attorney

The rules of this Code on powers of attorney, unless otherwise established by law or contrary to the essence of the relationship, can now also be applied in cases where the powers of the representative are contained 10:

• in an agreement (including in an agreement between a representative and the represented, between the represented and a third party);
• decision of the meeting.

An indication directly in the contract of the transfer of powers from one person to another is currently typical primarily for cases commercial representation. For example, under a maritime agency agreement naval agent undertakes, for a fee, to carry out, on behalf and at the expense of the shipowner, legal and other actions on its own behalf or on behalf of the shipowner in a certain port or on certain territory 11 .

Another attempt by the legislator to reduce the document flow of business entities and in this case cannot be considered invalid legal gaps. For example, is it possible to include in the text of the contract powers for the execution of which the law prescribes mandatory registration powers of attorney? Is it possible (and according to what rules) to notarize a written authorization contained in the text of an agreement? Will the inclusion of provisions on the transfer of powers in the text of an agreement falling under the regime be considered “contrary to the essence of relations”? trade secret this organization? To confirm your authority, is it necessary to present to the third party the entire text of the agreement or meeting decision, or is it sufficient to use a formalized extract from their text for these purposes?

Irrevocable power of attorney

The possibility of issuing an irrevocable power of attorney is regulated in Article 188.1 of the Civil Code and concerns only obligations related to the implementation entrepreneurial activity. The transfer of other powers on the basis of an irrevocable power of attorney, as before, is void 12 . So, a citizen who does not have the status of an entrepreneur will not be able to formalize the “sale” of a car or other property with such a power of attorney.

On the other hand, for legal entities and individual entrepreneurs a very tempting opportunity has arisen for the long-term transfer (and in fact, sale) of one’s own property without drawing up a purchase and sale agreement and the need to pay taxes stipulated by this agreement. Please note that an irrevocable power of attorney is subject to the same restrictions on its validity period as for ordinary power of attorney.

You should pay attention to next moment. If the court recognizes that an irrevocable power of attorney is not related to obligations to carry out business activities, on the basis Civil Code The agreement of the parties on the impossibility of revoking the power of attorney will be considered void, and not the power of attorney itself. Accordingly, the rest of such document will be subject to general rules about an ordinary power of attorney.

Provided by the Code The condition of the irrevocability of the power of attorney is also not absolute. A power of attorney may be revoked in the following cases:

• provided for in the power of attorney itself 13;
• termination of the obligation for the fulfillment or enforcement of which the power of attorney was issued 14 ;
• abuse by a representative of his powers, as well as when circumstances arise that clearly indicate that this abuse may occur 15.

In addition, an irrevocable power of attorney is subject to the rules for its termination16 due to the death of the principal or the termination of the activities of the legal entity that issued the power of attorney.

To recognize a power of attorney as irrevocable, it is not at all necessary to indicate this in its title. In this case, an irrevocable power of attorney must be notarized and its text must indicate that it cannot be canceled before the end of its validity period or before the occurrence of the cases listed in the power of attorney in which the power of attorney can be canceled 17 .

As a general rule, powers transferred under an irrevocable power of attorney cannot be delegated 18 . But this restriction can also be removed by appropriate indication in the power of attorney itself. In turn, if the transfer of power under an irrevocable power of attorney is executed as an ordinary one, and not irrevocable power of attorney, notarization can be avoided if such a power of attorney is issued by legal entities, heads of branches and representative offices of legal entities 19 .

Please note that the need for notarization (except in cases provided by law) now applies not only to powers of attorney for transactions requiring notarial form, but also:

• to submit applications for state registration rights or transactions;
• disposal of registered state registers rights.

Prohibition of transfer of trust

The possibility of reassignment can now not only be limited, but also completely prohibited in the text of the power of attorney. This also applies to the case when, due to prevailing circumstances, a person is forced to carry out a transfer of power to protect the interests of the person who issued the power of attorney. Previously, in these circumstances, it was allowed to entrust the performance of actions, even if such a possibility was not provided for by the power of attorney.

The grounds under which a power of attorney issued by way of delegation did not require notarization were also changed. Now this rule is applicable for powers of attorney issued in the order of substitution by legal entities, heads of branches and representative offices of legal entities. Possibility of subscribing powers of attorney certified in accordance with the procedure

Article 186 of the Civil Code of the Russian Federation states: 1. The validity period of a power of attorney cannot exceed three years. If the term is not specified in the power of attorney, it remains valid for a year from the date of its execution.

A power of attorney that does not indicate the date of its execution is void.

2. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until canceled by the person who issued the power of attorney.

The Civil Code, in article 186, establishes deadline power of attorney, which is three years. A power of attorney issued for a longer period will be valid only for three years. The absence of a term in a power of attorney does not entail the loss of the power of attorney legal force. This power of attorney is valid for one year. However, something else is connected with the deadline, absolutely mandatory requirement, violation of which entails the nullity of the power of attorney: the presence of the date of its issue. Recognition of a power of attorney as invalid due to the lack of a date of its execution is possible at the request of any interested person and at the initiative of the court, in accordance with the general rules of paragraph 2 of Article 166 of the Civil Code of the Russian Federation, however, there is an exception to the rules for powers of attorney issued for the purpose of performing actions abroad. If such a power of attorney does not contain an indication of its validity period, then, once certified by a notary, it is valid for an unlimited time until its cancellation by the presenter. Commentary on the Civil Code Russian Federation/ Edited by O.N. Sadikov - M.: Infra, 2008, P.530

Due to the peculiarities of representative relations, the nullity of a power of attorney leads to the fact that not only the relationship between the represented and the representative is invalidated, but also the result of the representative’s actions, i.e. this deal or that legal action, which created, changed or terminated the relationship between the represented and the third party from the moment of their commission.

The legal consequence of a void power of attorney will be not only the return to its original position of everything received by the represented and the representative, but also by a third party in relation to the represented. Moreover, if it is impossible to return what was received in kind, when what was received is expressed in the use of property, the performance of work or the provision of services, the cost in money must be reimbursed Alekseev S.S. , Gongalo B.M., Murzin D.V. and etc. Civil law: textbook / under general ed. Corresponding member RAS Alekseeva S.S. - 2nd ed. reworked and additional - M.: Prospekt: ​​Ekaterinburg; Institute of Private Law, 2009. P. 165.

Retrust

Article 187 of the Civil Code of Russia: 1. The person to whom the power of attorney has been issued must personally perform those actions for which he is authorized. It can entrust their execution to another person if it is authorized to do so by a power of attorney or is forced to do so by force of circumstances to protect the interests of the person who issued the power of attorney.

2. The person who has delegated powers to another person must notify the person who issued the power of attorney about this and inform him necessary information about the person to whom powers have been delegated. Failure to fulfill this obligation makes the person who delegated the authority responsible for the actions of the person to whom he delegated the authority as if it were his own.

3. A power of attorney issued by way of delegation must be notarized, except for the cases provided for in paragraph 4 of Article 185 of this Code.

4. The validity period of a power of attorney issued by way of subrogation cannot exceed the validity period of the power of attorney on the basis of which it was issued.

As a general rule, the representative personally carries out those actions for which he is authorized. He can issue a power of attorney on behalf of the person represented to another person - make a transfer of power only in two cases:

1) if the represented person is authorized to do so, i.e. the right of subrogation is provided for in a power of attorney or permitted in another form (for example, in a letter, in a telegram);

2) if the implementation of the transfer of trust is objectively necessary due to the prevailing circumstances to protect the interests of the represented person and it is not possible to obtain his consent (for example, when martial law is introduced in the relevant territory).

As a result of transfer of trust subject composition representative relations change - another person becomes a representative. Since this affects the interests of the person who issued the power of attorney, the original representative is obliged to notify him of the transfer of power of attorney and inform him of all necessary information about the person to whom the powers have been transferred (last name, first name, patronymic, place of residence, level professional knowledge and other qualities that may affect the exercise of powers, etc.). Notice of the transfer of trust and information about the identity of the new representative must be sent to the principal without delay, as soon as such opportunity arises. If a transfer is made in violation of these rules, the original representative is held responsible for the actions of the person to whom he transferred his powers.

The transfer of powers is carried out by issuing a duly executed power of attorney by the original representative to the new one. In this case it is required notarial procedure regardless of the form of the main power of attorney. The exception is the delegation of authority to receive wages and carry out certain other actions arising on the basis of powers of attorney issued at the place of work, study, or residence of the represented person (clause 4 of Article 185 of the Civil Code). In these cases, the sub-power of attorney can be drawn up in the same manner as the main power of attorney.

A power of attorney by way of subrogation is derived from the original one, and therefore must correspond to it in content and cannot exceed its validity period. Powers may be delegated to in full or partially, for the entire duration of the initial power of attorney or for part thereof. However, further reassignment is not permitted unless expressly permitted by the original power of attorney. Pobedonostsev K.V. Decree. Op. P.318

A court ruling on the improper form of a power of attorney issued by way of subrogation, consequences:

Resolution of the Federal Arbitration Court Volga-Vyatka district dated April 24, 2002 N A82-197/01-G/12. Conducting the affairs of organizations in an arbitration court is permitted through their representatives, whose powers must be expressed in a power of attorney issued and executed in accordance with the law; The power of attorney presented in the case, issued by way of subrogation, does not have a notarization, and therefore the cassation appeal signed by the named person is legally invalid.

Resolution of the Federal Arbitration Court of the Volga-Vyatka District dated April 24, 2002 N A82-197/01-G/12:

Federal Arbitration Court of the Volga-Vyatka District, consisting of:

presiding Nogteva V.A.,

judges: Pronina S.A., Tereshina N.M.,

without the participation of representatives of the parties,

having considered at the meeting cassation appeal state educational institution higher vocational education"Military Financial and Economic University of the Ministry of Defense of the Russian Federation" represented by the branch in Yaroslavl for a determination dated January 14, 2002 in case No. A82-197/01-G/12 Arbitration Court Yaroslavl region(judge Borovik V.A.), found:

The municipal enterprise "Repair and Operational Site No. 2" filed a claim with the Arbitration Court of the Yaroslavl Region for recovery from the laboratory computer technology 28,366 rubles 80 kopecks in debt for electricity consumed between December 1996 and May 2001 and 21,629 rubles 95 kopecks in interest for the use of other people's money.

Since the Computer Science Laboratory is not legal entity, but created as structural subdivision branch of the state educational institution of higher professional education "Military Financial and Economic University of the Ministry of Defense of the Russian Federation" (according to the regulations on the laboratory, the regulations on the branch, the charter of the university; hereinafter referred to as the Military Financial and Economic University), the court in accordance with Article 36 of the Arbitration procedural code The Russian Federation brought the latter in as the second defendant in the case.

Decision dated 06.11.01 claim regarding the recovery of 28,366 rubles 80 kopecks were satisfied at the expense of the second defendant - the Military Financial and Economic University, the recovery of interest was refused.

The cassation appeal filed by the Military Finance and Economics University against the decision in the case was returned by the Arbitration Court of the Yaroslavl Region on the basis of subparagraphs 1, 4 of paragraph 1 of Article 168 of the Arbitration Procedural Code of the Russian Federation. The reasons for this were the lack of authority of the person who signed the cassation appeal to act on behalf of the university, as well as the lack of documents confirming the payment of the state fee.

Disagreeing with the refusal to initiate cassation proceedings, the defendant challenged the legality of the ruling to return the cassation appeal dated January 14, 2002 to the Federal Arbitration Court of the Volga-Vyatka District. At the same time, the applicant indicated that S.V. Minukhin, who signed the cassation appeal, acted on the basis of power of attorney No. 40 dated 04.04.01, issued by way of subpoena, according to which he was authorized to represent the university branch in all judicial instances with all belonging to the plaintiff, defendant and rights to third parties, including the right to appeal court decisions. Regarding the lack of evidence of payment of the state fee, he explained that the Military Financial and Economic University, according to constituent documents is an institution financed from federal budget, and therefore, by virtue of subparagraph 6 of paragraph 3 of Article 5 of the Law of the Russian Federation “On State Duty”, he is exempt from paying the duty.

Persons involved in the case properly those notified of the time and place of consideration of the cassation appeal did not appear at the court hearing, and therefore the complaint was considered in their absence.

Correct application of standards procedural law The Arbitration Court of the Yaroslavl Region, when adopting a ruling dated January 14, 2002 in case No. A82-197/01-G/12, was verified by the Federal Arbitration Court of the Volgo-Vyatka District in the manner established by articles 171 - 177 and 179 of the Arbitration Procedural Code of the Russian Federation.

Having studied the case materials and the arguments of the applicant of the cassation appeal, the district court found no grounds for canceling the appealed judicial act.

As follows from the case materials, the defendant appealed to cassation procedure court decision dated November 6, 2001, rendered on a dispute related to the activities of its branch. The said complaint on the part of the applicant was signed by S.V. Minukhin; in confirmation of his authority to carry out such procedural actions attached power of attorney dated 04.04.01 N 40, issued by the acting head of the branch of the Military Finance and Economics University. The powers of the head of the branch are defined in the power of attorney of the Military Financial and Economic University N 67 dated 10/02/2000.

According to Articles 47, 49 of the Arbitration Procedural Code of the Russian Federation, the conduct of affairs of organizations in the arbitration court is permitted through their representatives, whose powers must be expressed in a power of attorney issued and executed in accordance with the law.

By virtue of Article 187 of the Civil Code of the Russian Federation, a person to whom a power of attorney has been issued to carry out certain actions, may entrust their execution to another person if authorized to do so by a power of attorney or forced to do so by force of circumstances to protect the interests of the person who issued the power of attorney. A power of attorney issued by way of delegation must be notarized.

Contrary to this norm civil legislation power of attorney No. 40 dated 04.04.01 submitted to the file, issued in the name of Minukhin S.V. by way of transfer of trust, does not have such a certificate, and therefore the cassation appeal signed by the named person is legally invalid.

According to this provision, institutions financed from the federal budget are exempt from paying state fees in cases considered in arbitration courts.

As established in the charter, the university is provided budgetary allocations. At the same time, paragraph 3.4 of the charter provides for the right of the university to carry out on the basis of an agreement paid activities in the field of education. Since the applicant, in violation of Article 53 of the Arbitration Procedural Code of the Russian Federation, did not prove the absence of sources of income other than budgetary ones, the court rightfully did not recognize the applicant’s benefit in paying state fees.

Taking into account the above, the determination to return the cassation appeal to the applicant on the basis of subparagraphs 1, 4 of paragraph 1 of Article 168 of the Arbitration Procedure Code of the Russian Federation is recognized as the third court legal.

Guided by Articles 174, 175 (clause 1), 177 and 179 of the Arbitration Procedural Code of the Russian Federation, the Federal Arbitration Court of the Volga-Vyatka District ruled:

the ruling dated January 14, 2002 of the Arbitration Court of the Yaroslavl Region in case No. A82-197/01-G/12 is left unchanged, the cassation appeal of the state educational institution of higher professional education "Military Financial and Economic University of the Ministry of Defense of the Russian Federation" represented by the branch in the city. Yaroslavl - without satisfaction.

The resolution comes into force legal force from the moment of its adoption and is not subject to appeal.

Chairman V.A. Nogteva

Judges S.A. Pronina

N.M. Tereshina Computer system"GUARANTEE"

A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

The power of attorney is terminated due to: 1) expiration of the power of attorney; 2) cancellation of the power of attorney by the person who issued it; 3) refusal of the person to whom the power of attorney was issued; 4) termination of the legal entity on whose behalf the power of attorney was issued; 5) termination of the legal entity to which the power of attorney was issued; 6 ) death of the citizen who issued the power of attorney, recognition of him as incompetent, partially capable or missing; 7) death of the citizen to whom the power of attorney was issued.

15.Loan agreement

Under a loan agreement, one party (the lender) transfers money or other things into the ownership of the other party (borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of the same kind and quality. Types: target , executed by a bill or bond, government loan (through the placement of government bonds or securities), commercial loan (advance, deferment) The loan agreement is considered concluded from the moment of transfer of money or other things. must be included in writing, if its amount exceeds at least ten times the base amount established by law, and in cases where the lender is a legal entity - regardless of the amount. A receipt from the borrower or another document certifying the transfer may be provided as confirmation of the loan agreement and its terms the lender to him of a certain amount of money or a certain number of things. The lender has the right to receive interest from the borrower on the loan amount in the amount and manner specified in the agreement. The loan agreement is assumed to be interest-free, unless it expressly provides otherwise, in cases where:

1) the agreement is concluded between citizens for an amount not exceeding 50 b.v. and is not related to the implementation of a previous act by at least one of the parties; under the agreement, things are transferred to the borrower, the Borrower is obliged to return the received loan amount to the lender within the time frame and in the manner provided for in the loan agreement. Loan agreement Under a loan agreement, a bank or non-banking financial institution (lender) undertakes to provide funds (loan) to another person (borrower) in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received sum of money and pay interest on it.

16.Dog.Purchase and sale of real estate.

Under a real estate purchase and sale agreement (real estate sale agreement), the seller undertakes to transfer ownership to the buyer land plot, building, structure, apartment or other real estate The contract is concluded in writing by drawing up one document signed by the parties. Failure to comply with the form entails its invalidity. The transfer of ownership of real estate under an agreement to the buyer is subject to the state. registration. The agreement must contain data that makes it possible to definitely establish the real estate to be transferred under the agreement, including data determining the location of the real estate on the relevant land plot or as part of other real estate. An agreement for the sale of real estate must provide for the price of this real estate. An agreement for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.

1. If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.

A power of attorney that does not indicate the date of its execution is void.

2. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until canceled by the person who issued the power of attorney.

Commentary to Art. 186 Civil Code of the Russian Federation

1. In Art. 186 we are talking about the period of existence of the authority of the representative certified by the power of attorney. The expiration of this period entails termination of authority, even if the representative has not concluded the transaction entrusted to him.

2. Since the will of the represented person to issue the authority comes into force at the moment it is received by the representative, the period of existence of the authority begins to flow from this moment. In most cases, the day the said declaration of will comes into force coincides with the day the power of attorney is drawn up. Therefore, the beginning of the period of existence of the power is usually recognized as the date of drawing up the power of attorney. The absence of an indication of this date in the power of attorney entails the nullity of the transaction represented by granting the representative authority (paragraph 2, paragraph 1, article 186).

3. According to paragraph. 1 paragraph 1 of the commented article, the period named therein cannot exceed three years. In the case of issuing authority to the represented for more long term it still ends three years after its origin. If the duration of the power is not specified in the power of attorney, then the representative has the power for one year.

4. Due to the fact that the conclusion of transactions by a representative for the represented person outside the Russian Federation often requires more time than on its territory, in relation to these transactions authority may be given with indefinitely existence (clause 2 of article 186).

Judicial practice under Article 186 of the Civil Code of the Russian Federation

Ruling of the Supreme Court of the Russian Federation dated 06/07/2017 N 305-ES17-6102 in case N A40-137610/2016

The courts, based on the assessment of the evidence presented in the case file according to the rules of Article 71 of the Arbitration Procedural Code of the Russian Federation, guided by articles , , , , , of the Civil Code of the Russian Federation, correctly established the circumstances of providing the applicant with utility and operational services within the framework of the agreement concluded by the parties, the emergence of his obligation to pay them, the improper (partial) fulfillment of this obligation by him, having checked and recognized as justified the calculation of the substantive claim made by the enterprise in the absence of evidence of payment of the debt, we came to the conclusion that there is in this case legal grounds to satisfy the claim.

Accepting the disputed by the applicant judicial acts, the courts were guided by the provisions of articles , , , of the Civil Code of the Russian Federation, paragraph 9 of part 1 of article 10 Federal Law dated July 26, 2006 N 135-FZ “On Protection of Competition”, Part 2 of Article 162 Housing Code of the Russian Federation and proceeded from the absence of legal grounds for declaring the disputed clause of the contract invalid and collecting 298,378.72 rubles from the defendant. as unjust enrichment.

In accepting the judicial acts contested by the applicant, the courts were guided by the provisions of articles , , , of the Civil Code of the Russian Federation, paragraph 9 of part 1 of article 10 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”, part 2 of Article 162 of the Housing Code of the Russian Federation, and based on the fact that the restriction of the rights of any persons by Rostov Port JSC by concluding an agreement for the provision of services to ensure transport security individuals And Vehicle, the contested management decision does not contain.

Duration of the power of attorney- one of the most important aspects this document, indicating for what period the principal delegates powers to the representative. About how long powers of attorney are valid,will be discussed in this article.

For what period is a power of attorney issued for use outside the Russian Federation in 2019 - 2020?

How long is a power of attorney valid? Power of attorney without expiration date

Indication of the term of the power of attorney in accordance with current legislation is not prerequisite to write it. Thus, you may or may not specify the period for which you delegate your authority. In the second case, in accordance with Article 186 of the Civil Code of the Russian Federation, the document will be considered issued for 1 calendar year.

It is important to note here that if the validity period of the power of attorney may not be indicated, then the date of drawing up the power of attorney must be indicated. If there is a condition that the validity period of the power of attorney cannot exceed certain period, you need to understand from what point this period should be counted. In accordance with subparagraph 2 of paragraph 1 of Article 186 of the Civil Code, a power of attorney that does not indicate the date of preparation is void. This means that a power of attorney does not create any rights or obligations for either the principal or the trustee.

The maximum validity period of a power of attorney is not established by law. Also, however, the period is minimal. Thus, you can issue a power of attorney that will be valid for 1 day, or you can delegate powers to a trusted person for the next 20 years - this is exclusively your right, and the legislator does not limit it in any way.

The maximum term of a power of attorney can be spoken of not only as a set time period, but also as a period during which certain events occur (or will occur). For example, if a student entrusts another person to receive a scholarship on his behalf, maximum term validity of the power of attorney may constitute the period during which he will study in this educational institution and receive a scholarship. After a change in the status of the grantor (in this case, after graduation), the scholarship will not be paid and, therefore, the validity period trust document will expire.

The Civil Code of the Russian Federation does not determine the duration of the power of attorney, but the power of attorney itself stipulates that the document will be valid until it is canceled by the principal. Thus, until the power of attorney is revoked, the representative will not lose his powers.

If we talk about a power of attorney issued by way of reassignment, then the term of a power of attorney of this type cannot exceed the term of the main power of attorney. Thus, if the latter is issued for a period of 1 year and the representative exercises his right to reassignment 3 months after the issuance of the main power of attorney, then the term of the power of attorney in the order of reassignment cannot exceed the remaining 9 months of validity of the main power of attorney.

For what period is a power of attorney issued for use outside the Russian Federation in 2019 - 2020?

The question of how long a power of attorney is issued that will be used outside our country deserves special attention.

If we talk about a power of attorney drawn up in regular form(certified only by the signature of the principal or the head of the enterprise and the seal of the organization), then the usual rules on the validity period apply to it:

• or during the time specified in the power of attorney,
• or if specific date not specified, within 1 year from the date of its issue.

Other rules are established for notarized powers of attorney that will be used abroad. If the document does not directly define the validity period of the power of attorney, then, in accordance with paragraph 2 of Article 186 of the Civil Code of the Russian Federation, it will be valid until it is canceled by the principal.

It is important to note that revoking a power of attorney is not simply a matter of the principal making an appropriate decision. He is obliged to notify the decision taken confidant, as well as all third parties known to him who entered into legal relations with him through a representative. If a third party, who was not properly notified of the termination of the power of attorney and should not have known about such termination, entered into legal relations with the representative under the power of attorney, the rights and obligations arise for the principal. Thus, setting the validity period of a power of attorney until it is revoked by the principal is a rather controversial way to terminate the power of attorney and quite difficult.

If the representative is provided with a wide range of powers with an unlimited number of persons, it is practically impossible to notify all counterparties, which makes it impossible to terminate the power of attorney. The situation is approximately the same with the so-called general powers of attorney, the cancellation of which also poses certain difficulties, since it is not possible to identify all existing counterparties, including potential ones.

Despite the fact that the validity periods of powers of attorney are not established by law, established practice shows that a power of attorney is usually issued for a year, 3 years or 5 years. There are other deadlines, but more often these are the time periods indicated.