General power of attorney and ordinary power of attorney. What is the difference between a power of attorney and a general power of attorney?

And how it is processed, let’s remember a check without the specified sum of money, but with the signature of the owner. Undoubtedly this is very security, with the help of which the check holder will be able to cash both one ruble and a million rubles. Now think about it: a general power of attorney gives the attorney more wide range opportunities. As wide as the principal will allow. In the case of a general power of attorney (for all powers), these possibilities can be limited only to legislative level. That is why such a document needs notarization, and the principal himself needs the qualified assistance of a lawyer.

How does a general power of attorney differ from an ordinary one?

If you carry out comparative analysis these documents, then we will find out that ordinary power of attorney can be compiled in a simple writing, and the help of a notary is required only in some situations, provided for by law. Such a power of attorney gives the attorney a limited range of powers and the representative must inform the principal about the progress of the assignment. With a general power of attorney the situation is different, because this document must be certified by a notary, and the representative has a fairly wide range of powers and is not obliged to inform the principal about entering into legal relations.

In practice, the following types of general power of attorney are common:

1. General power of attorney for a car. Allows the attorney not only to drive the vehicle, but also to dispose of it at his own discretion (in any way). This means that the car can be sold, exchanged, leased and other actions.
2. General power of attorney for real estate. With this document, the authorized person has the right to perform any actions in relation to real estate ( non-residential premises, house, apartment, land plot), for example, enter into a purchase and sale agreement, lease, etc.
3. General power of attorney for all powers. For registration of this type a power of attorney must be treated with extreme caution, because it gives the attorney the right to dispose of all the property of the principal and act on his behalf. Thus, a trustee can sell or use real estate, withdraw money from bank accounts, receive cash payments(for example, a pension), represent the principal in various instances (in court, tax authorities), work with correspondence, etc.

How is a general power of attorney correctly drawn up?

The document must reflect the following information:

• name (“Power of Attorney (general)”);
• city, date of document preparation (in words);
• passport details of the principal and trustee;
• a list of powers granted to a person by power of attorney;
• signature of the principal, signature, seal and details of the notary.

Consultations on drawing up a power of attorney

Considering the legal force of such a document as a general power of attorney, we advise you to entrust its execution to an experienced specialist, even if you are 100% confident in the integrity of the authorized person. The fact is that if you change your mind and try to cancel the document, it will be very difficult to notify all possible participants in legal relations about the cancellation of the power of attorney. Is it worth the risk? own time, money, property and at the same time get on your nerves, if you can think through everything in advance, having gained confidence in successful outcome affairs? Sign up for a consultation right now and you will gain valuable knowledge that will help you in the future.

1. The concept of a power of attorney

According to paragraph 1 of Art. 9 Civil Code Russian Federation(Civil Code of the Russian Federation) citizens and legal entities, at their own discretion, exercise their civil rights. In particular, civil rights can be exercised by subjects civil rights relationships personally or through representatives. The definition of representation is contained in paragraph 1 of Art. 182 of the Civil Code of the Russian Federation. Representation is the execution of a transaction by one person (representative) on behalf of another person (represented) by virtue of authority based on:

At the direction of the law;

On the instructions of the act of the authorized government agency or local government authority;

On a power of attorney.

In notarial practice, the most common type of representation is representation by proxy.

Power of attorney recognized is a written authority issued by one person to another person or persons for representation before third parties. Written authority to carry out a transaction by a representative can be presented directly to the relevant third party (Clause 3 of Article 185 of the Civil Code of the Russian Federation). A power of attorney can be issued both for concluding transactions and for performing other legal meaningful action.

A power of attorney is a transaction and, like any other transaction, must comply with all the requirements imposed by current legislation on transactions. Thus, a power of attorney can only be issued to perform lawful legal actions. The will of the principal (represented) must correspond to his expression of will.

A power of attorney may be invalidated by general requirements about the invalidity of transactions. In particular, powers of attorney are invalid:

Violating the requirements of the law or other legal act;

Issued to exercise powers that are obviously contrary to the fundamentals of law and order or morality;

Imaginary and feigned;

Committed under the influence of material error;

Formed under the influence of deception, violence, threat or adverse circumstances;

Committed by a minor citizen or a citizen recognized as incompetent (unless the court recognizes their legal force due to the fact that the power of attorney was made for the benefit of the incompetent or minor citizen), etc.

In addition, there are special rules, non-compliance with which may result in the invalidity of issued powers of attorney. For example, according to paragraph two of clause 1 of Art. 186 of the Civil Code of the Russian Federation, a power of attorney that does not indicate the date of its execution is void.

Power of attorney is one-sided deal. To complete it and acquire a power of attorney legal force the consent of the representative is not required. However, the exercise of powers based on the issued power of attorney depends on the representative: the representative has the right at any time to refuse to perform the functions assigned to him without any consequences for himself, regardless of the reasons for the refusal.

Since a power of attorney is one of the types of representation, when making it, one should take into account the rule contained in paragraph 3 of Art. 182 of the Civil Code of the Russian Federation: a representative cannot make transactions on behalf of the person represented in relation to himself personally, as well as in relation to another person whose representative he is also at the same time, except for cases provided for by law.

2. Power of attorney form

The form of the power of attorney is one of the main requirements for it. A power of attorney cannot exist outside of written form.

A power of attorney issued to carry out transactions requiring notarial form, to submit applications for state registration rights or transactions, as well as to dispose of registered in state registers rights (clause 1 of article 185.1 of the Civil Code of the Russian Federation).

An irrevocable power of attorney must be notarized.

In the practice of applying Art. 185.1 of the Civil Code of the Russian Federation, to date, no consensus has been formed on whether data on transactions subject to mandatory notarization are subject to mandatory requirements; At the same time, some authors defend diametrically opposed points of view on this issue. The opinion on the possibility of drawing up any powers of attorney on behalf of legal entities in simple written form is also expressed by some well-known civil experts in Russia.

At the same time legal construction Art. 185.1 of the Civil Code of the Russian Federation is such that it is hardly possible to draw such a conclusion based on it. Indeed, in accordance with clause 4 of the said article, a 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. However this norm does not have the nature of an exception to the general rule provided for in paragraph 1 of this article.

In paragraph 4 of Art. 185.1 of the Civil Code of the Russian Federation is not at all we're talking about on the form (simple written or notarial) power of attorney, and only additional requirements are established for this form, relating only to powers of attorney on behalf of legal entities, while the form of powers of attorney on their behalf (simple written or notarial) is already defined in clause 1 of this article. The possibility of establishing additional requirements for the form of powers of attorney, as well as any other transactions, is provided for in Art. 160 of the Civil Code of the Russian Federation, in accordance with which the law, other legal acts and by agreement of the parties, additional requirements may be established that the form of the transaction must comply with (execution on a form a certain shape, sealing, etc.). Thus, the requirements provided for in paragraph 4 of Art. 185.1 of the Civil Code of the Russian Federation is nothing more than the requirements for the form of powers of attorney on behalf of legal entities, the procedure and mechanism for issuing them. Only after compliance the specified procedure registration of a power of attorney, the question arises of determining its basic form in accordance with paragraph 4 of Art. 185.1 of the Civil Code with a well-known conclusion: powers of attorney for transactions subject to mandatory notarization must be notarized.

Powers of attorney issued in the order of delegation of powers are also subject to mandatory notarization, with the exception of the cases provided for in paragraph 3 of Art. 185.1 Civil Code (power of attorney to receive wages and other payments related to labor relations, to receive remuneration from authors and inventors, pensions, benefits and scholarships or to receive correspondence, with the exception of valuable correspondence).

Mandatory notarial procedure Some powers of attorney to perform certain legally significant actions must also be certified. So, based on paragraph six of paragraph 2 of Art. 9 of the Federal Law “On Acts civil status» powers of attorney to obtain a repeated certificate of state registration of any acts of civil status must be notarized.

In accordance with the Fundamentals, powers of attorney to carry out any transactions provided for by law and perform any actions that do not contradict the law can be certified by notaries working in state notary offices (Article 36), engaged in private practice (Article 35), and officials consular offices(v. 38).

Equated to notarized powers of attorney (clause 2 of Article 185.1 of the Civil Code of the Russian Federation):

Powers of attorney for military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for medical affairs, and in their absence, the senior or duty doctor;

Powers of attorney for military personnel, and at points of deployment military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies that perform notarial acts, also powers of attorney of employees, members of their families and family members of military personnel, which are certified by the commander (chief) of this unit, formation, institution or institution;

Powers of attorney of persons in places of deprivation of liberty, which are certified by the head of the corresponding place of deprivation of liberty;

Powers of attorney for adult capable citizens staying in institutions social protection of the population, which are certified by the administration of this institution or the head (his deputy) of the relevant social protection body.

In notarial practice, the question often arises whether powers of attorney certified by the heads of pre-trial detention centers (SIZOs) and temporary detention centers (IVS) are equivalent to notarized powers of attorney. Since pre-trial detention centers and temporary detention centers are not places of deprivation of liberty, but are only places of temporary detention of suspects and accused of committing crimes, powers of attorney, which by force of law require a mandatory notarial form, cannot be certified by the heads of these institutions. At the same time, situations are known when a citizen who has already been sentenced to imprisonment by a court, due to some circumstances, serves his sentence not in a colony, but in a pre-trial detention center. IN similar cases pre-trial detention center is a place of deprivation of liberty for him, and the head of the pre-trial detention center has the right to certify on his behalf a power of attorney, which will be equivalent to a notarized one. However, it is quite obvious that said circumstance must be reflected in the text of the power of attorney.

Powers of attorney, which require a mandatory notarial form, cannot be certified by chief doctors and their deputies, as well as by any other doctors of hospitals, sanatoriums and other medical institutions, not related to military treatment.

3. Types and contents of powers of attorney

General powers of attorney are issued to carry out various transactions and perform other legally significant actions during a certain period. TO general powers of attorney include powers of attorney for the management and disposal of property, execution of all kinds of transactions permitted by law, performance of representative functions in various authorities, etc.

It should be remembered that even under general (general) powers of attorney, which, as a rule, contain an extremely wide range of powers granted to the attorney and the ability for him to perform almost all actions on behalf of the represented person, a number of transactions cannot be executed.

So, in accordance with paragraph 4 of Art. 182 of the Civil Code of the Russian Federation, it is not allowed to carry out a transaction through a representative, which by its nature can only be completed in person, as well as other transactions specified in the law. Transactions that are exclusively personal in nature include, for example, wills, marriage contracts, employment contracts - It seems that it is impossible to conclude a life support agreement with dependents by proxy, since it is also very significantly connected with the personal relations of the parties, based on their respectful attitude towards each other, taking into account psychological characteristics each other, etc.

Previously, the legislation directly provided for the impossibility of concluding through a representative (of course, including a representative acting on the basis of a power of attorney) an agreement on the mortgage of a residential building or apartment owned by a citizen (Article 74, Section 6 of the Federal Mortgage Law). Federal law dated February 11, 2002 No. 18-FZ “On Amendments and Additions to the Federal Law “On Mortgage (Pledge of Real Estate)””, paragraph 6 of Art. 74 of the federal mortgage law is excluded.

In accordance with the Federal Law on JSC (with subsequent amendments and additions), it is impossible to issue a power of attorney to participate in voting on the board of directors (supervisory board) joint stock company, since the transfer of a vote by one member of the board of directors (supervisory board) of the company to another member of the board of directors (supervisory board) of the company is prohibited (second paragraph of clause 3 of article 68).

The possibility of registration by general power of attorney and donation agreements. According to paragraph 5 of Art. 576 of the Civil Code of the Russian Federation, a power of attorney to make a gift by a representative, in which the donee is not named and the subject of the gift is not indicated, is void. It is very unlikely that at the time of execution of a general power of attorney, the person issuing it may initially assume that in the future he or she will have an intention to donate certain specific property to an equally obviously specific person.

In notarial practice, quite often there are appeals from citizens involved in entrepreneurial activity, with a request to certify a power of attorney to carry out all types of this activity. Certification of such a power of attorney must be refused. In accordance with paragraph 1 of Art. 23 of the Civil Code of the Russian Federation, a citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur. Engaging in business without state registration is a violation of the requirements of this article.

With the complete transfer of powers related to entrepreneurial activity, the business entity is replaced. However, the powers to carry out individual actions can be transferred individual entrepreneur. Thus, it is possible for an individual entrepreneur to issue a power of attorney to conclude an agreement, withdraw funds from a bank account, etc.

It is also impossible to issue a power of attorney to perform certain legally significant actions that are closely related to the person (for example, to register a marriage, adopt a child, etc.).

Special power of attorney- this is a power of attorney to perform similar actions during certain period time. Such powers of attorney include, for example, powers of attorney to dispose of a deposit, judicial representation and so on.

A power of attorney issued to carry out a specific, strictly defined transaction or perform another specific legal action, is called a one-time power of attorney. Most powers of attorney certified and used in notarial practice are one-time. Moreover, a one-time power of attorney may contain several powers (for example, to draw up a contract for the sale and purchase of an apartment, to obtain a certificate of state registration of rights). The specified powers are associated with one object, therefore, despite their multiplicity, as well as the need to submit a power of attorney to various competent authorities, such a power of attorney is one-time.

Relatively recently, such a type of power of attorney as irrevocable was introduced. In order to fulfill or ensure the fulfillment of the obligation of the represented to the representative or persons on behalf or in whose interests the representative acts, in cases where such an obligation is related to the implementation of business activities, the represented may indicate in the power of attorney issued to the representative that that this power of attorney cannot be canceled before the end of its validity period or can be canceled only in the cases provided for in the power of attorney.

An irrevocable power of attorney must be notarized and contain direct instruction to limit the possibility of its cancellation in accordance with paragraph 1 of Art. 188.1 of the Civil Code of the Russian Federation.

When certifying any types of powers of attorney, it is necessary to take into account general norms current legislation on representation, according to which a representative cannot make transactions on behalf of the represented person in relation to himself personally and in relation to another person whose representative he is, except for the cases specified in the law.

4. Represented and Representative

Representatives by proxy can be both legal entities and individuals. In the practice of notaries, the question often arises about the possibility of making transactions with the property of minors (under 14 years of age) citizens not by their legal representatives, but by representatives under powers of attorney, issued in turn by the legal representatives of minors. In other words, do parents, adoptive parents and guardians have the right to issue powers of attorney to carry out transactions on behalf of minor citizens?

It seems that the conclusion similar transactions does not contradict current legislation.

The opposite statement is based mainly on the literal interpretation of what was used in paragraph 1 of Art. 28 of the Civil Code, the words “only”: for minors under the age of 14, transactions can only be made by their parents, adoptive parents or guardians. From this formulation it is concluded that the execution of transactions on behalf of minor citizens relates exclusively to the personal powers of their legal representatives. It seems that such a conclusion is incorrect. The only thing that follows from this rule is that:

Minor citizens do not have the right to make transactions themselves; given general rule confirmed by the exception provided for in paragraph 2 of Article 28 of the Civil Code of the Russian Federation;

Transactions on behalf of minor citizens may not be carried out by persons not authorized legal authority(grandparents, brothers, sisters, etc.);

Legal representatives minor citizens are only parents, adoptive parents or guardians.

No other conclusions from the rule established by paragraph 1 of Art. 28 of the Civil Code of the Russian Federation cannot be followed. The possibility of exercising civil rights through a representative is limited only by the framework of paragraph 4 of Art. 182 of the Civil Code of the Russian Federation: it is not allowed to carry out a transaction through a representative, which by its nature can only be completed in person, as well as other transactions specified in the law. This limitation established for the performance of actions that are particularly specific and related directly to the personality of their participants (the most striking example of this is a will).

In relations between parents and their minor children, the law establishes certain responsibilities parents:

Raise your children;

Take care of your health, physical, mental, spiritual and moral development their children;

Ensure that children receive basic general education;

Protect the rights and interests of children in relations with any individuals and legal entities;

The listed responsibilities of parents truly relate exclusively to their personal responsibilities and cannot be transferred to other persons.

The disposal of property does not relate exclusively to personal actions, and it would be unlawful to prohibit the possibility of representation to exercise powers in relation to it.

Minors aged 14 to 18 years issue powers of attorney with the consent of their legal representatives (parents, adoptive parents, trustees). The consent of the legal representatives for the child to issue a power of attorney is not required only in cases where the power of attorney is given to carry out small household transactions and manage the earnings, scholarships and some other income of the minor. It should be borne in mind that consent legal representative for minors aged 14 to 18 years to issue a power of attorney can not only be given directly when certifying the power of attorney, but also expressed in a separate written document.

On behalf of incompetent citizens powers of attorney are made by their guardians (Article 32 of the Civil Code of the Russian Federation).

Limited capable citizens issue powers of attorney with the consent of their trustees (Article 30 of the Civil Code of the Russian Federation).

When certifying a power of attorney on behalf of a legal entity, the notary must check the legal capacity of the legal entity and the powers of its representative signing the power of attorney on behalf of the legal entity.

If a citizen, due to a physical disability, illness or illiteracy, cannot sign a power of attorney with his own hand, then, at his request, another citizen (handicapper) can sign it.

Although the law does not establish the requirements that a person who applies the hand must meet, it seems that not any person can sign a power of attorney as such. In our opinion, the following cannot sign a power of attorney for the person represented:

A notary or other person certifying the power of attorney;

A person who is a representative under a power of attorney;

Citizens who do not have full legal capacity;

Illiterate;

Citizens with physical disabilities that clearly do not allow them to fully understand the essence of what is happening;

Persons who do not own to a sufficient extent the language in which the power of attorney is drawn up.

When drawing up powers of attorney on behalf of citizens who do not speak or have insufficient knowledge of the language in which the power of attorney is drawn up, as well as on behalf of deaf, dumb or deaf-mute citizens, an interpreter must be present. The presence of a translator and his corresponding translation of the text of the document is made to the presentee required mark before the signature of the person represented. The fact that a translator participated in the execution of a power of attorney is also reflected in the notary’s certification inscription.

A power of attorney can be issued either by one person to several persons, or by several persons jointly (clauses 1 and 6 of Article 185 of the Civil Code of the Russian Federation).

When certifying, at the request of a person, a power of attorney in the name of several representatives, the notary must explain to him possible consequences issuance similar power of attorney, but does not have the right to influence the will of this person.

Although the representative is not involved in the process of making a power of attorney, in some cases his identity has legal significance.

So, paragraph 2 of Art. 29 Tax Code The Russian Federation stipulates that authorized representatives of a taxpayer cannot be officials tax authorities, customs authorities, internal affairs bodies, judges, investigators and prosecutors.

If the activity performed an individual by power of attorney, is a business activity, then registration as an individual entrepreneur is required.

5. Duration of the power of attorney

The period for which a power of attorney is issued is not limited. If the power of attorney does not indicate a period, it remains valid for a year from the date | its commission (clause 1 of article 186 of the Civil Code of the Russian Federation).

The only exceptions are powers of attorney intended to perform actions abroad. If such a power of attorney does not contain an indication of its validity period, it remains in force until it is canceled by the person who issued the power of attorney (Clause 2 of Article 186 of the Civil Code of the Russian Federation).

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. At the same time, if a power of attorney issued by way of subpoena specifies a longer period than the validity period of the main power of attorney, then this circumstance in itself cannot be a basis for declaring the power of attorney invalid. Within the validity period established by the main power of attorney, the power of attorney in the order of reassignment will also be valid. If a transaction for which a person is authorized is concluded during this period, then there are also no grounds for declaring it invalid.

A mandatory detail of a power of attorney is the date of its issue. As already mentioned, a power of attorney that does not indicate the date of its execution is void.

The validity period of the power of attorney is indicated in the power of attorney in writing.

6. Reliance

The person to whom the power of attorney is issued must personally perform the 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.

A power of attorney issued by way of reassignment is a derivative of the original (main) power of attorney, and therefore should not contain contradictions with the main power of attorney. The main power of attorney may provide for the possibility of both full re-entrustment and re-entrustment only individual powers. However, the scope of powers in a power of attorney in the order of reassignment cannot exceed the scope of powers provided for by the main power of attorney. There are also restrictions on the validity period of the power of attorney: as already noted, the validity period of the power of attorney in the order of reassignment can either coincide with the period of the main power of attorney, or be less than the validity period of the main power of attorney.

A power of attorney issued by way of delegation must be notarized. The rule on notarization of a power of attorney issued by way of delegation does not apply to powers of attorney issued by way of delegation by legal entities, heads of branches and representative offices of legal entities.

The main power of attorney may also directly provide for the impossibility of transferring powers to other persons. In this case, the representative must exercise the powers granted to him personally. Transfer of trust is not allowed in cases provided for in paragraph Art. 185.1 of the Civil Code of the Russian Federation.

Unless otherwise specified in the power of attorney or established by law, a representative who has delegated powers to another person by way of delegation does not lose the corresponding powers.

Certification of a power of attorney by way of sub-assignment in cases where the representative is forced to do so by force of circumstances to protect the interests of the principal can only take place if the main power of attorney does not directly prohibit the right of sub-assignment. As a rule, the circumstances due to which a representative cannot personally fulfill the powers given to him are, in practice, his serious illness (and if his powers are short-term, any illness) or a long business trip. At the same time, these may also be other objective circumstances (for example, natural disasters) or subjective nature(conscription of a representative into the army, his conviction with the imposition of a sentence of imprisonment, etc.). To transfer powers on the above grounds, the representative must document them. Relevant certificates remain in the notary's files.

Anyone 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.

In a power of attorney issued by way of substitution, in addition to the general details that must be contained in any power of attorney, the time and place of certification of the main power of attorney must also be indicated.

A note is made on the main power of attorney regarding the certification of the power of attorney in the order of reassignment. A copy of the main power of attorney is attached to the copy of the power of attorney left in the notary's files.

A subsequent representative (representative of a representative) may delegate powers if the main power of attorney or law provides for the right to further (after the initial) delegation of powers.

7. Basic details of the power of attorney

Taking into account the legal requirements for the execution of powers of attorney, as well as the basic rules of notarial proceedings, the power of attorney must contain:

An indication of the place where it occurred (village, town, district, city, region, entire republic);

Date of execution of the power of attorney (day, month, year) in words;

Last name, first name, patronymic of individuals (representative and represented), their dates of birth and place permanent residence or preferential stay, details of documents proving their identity, and if you are a representative or represented foreign citizen- his citizenship;

Full name of the legal entity (representative and represented), information about its state registration, individual taxpayer number, legal address and address actual place location, for foreign legal entities - information about accreditation;

Information about the representative of the legal entity (base of authority, last name, first name, patronymic, possibly date of birth and place of permanent residence or primary residence, details of his identity document);

Scope of powers of the representative;

The period for which the power of attorney is issued;

Signature of the individual issuing the power of attorney;

Signature of the head of the legal entity or another person authorized to do so by the constituent documents of the legal entity issuing the power of attorney.

IN necessary cases at the request of the person issuing the power of attorney, it may contain other information and conditions that do not contradict the requirements of the law.

8. Termination of power of attorney

The list of grounds for termination of the power of attorney is contained in Art. 188 Civil Code of the Russian Federation.

Such grounds include:

Expiration of the power of attorney;

Cancellation of a power of attorney by the person who issued it or by one of the persons who jointly issued the power of attorney;

Refusal of authority by the person to whom the power of attorney was issued;

Termination of a legal entity on whose behalf or to which a power of attorney was issued, including as a result of its reorganization in the form of division, merger or merger with another legal entity,

Death of the person who issued the power of attorney or the citizen to whom the power of attorney was issued, recognition of him as incompetent, partially capable or missing;

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.

The list of grounds for termination of a power of attorney, although formulated in the said article as exhaustive, in reality is not so. For example, the basis for termination of a power of attorney is the full exercise of the powers for which the power of attorney was issued. If the power of attorney is declared invalid in judicial procedure The power of attorney is also terminated. There may be other grounds for termination of a power of attorney,

In notarial practice, the most common reason for terminating a power of attorney is the cancellation of the power of attorney by the person who issued it.

The person who issued the power of attorney may at any time revoke the power of attorney and (or) subassignment. An agreement to waive this right is void. A representative acting under a power of attorney and having himself issued a power of attorney by way of subrogation has the right to revoke the subrogation at any time.

A person who issued a power of attorney and subsequently canceled it is obliged to notify 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, about the cancellation (clause 1 of Article 189 of the Civil Code). The same obligation is assigned to the legal successors of the person who issued the power of attorney in the following cases:

Termination of the legal entity on whose behalf the power of attorney was issued;

Death of the citizen who issued the power of attorney;

Recognition of the citizen who issued the power of attorney as incompetent, partially capable or missing.

The representative, as well as third parties for whose representation the power of attorney was given, must be notified of the cancellation of the power of attorney. There is no mechanism for revoking powers of attorney in the legislation. Theoretically, notice of the revocation of a power of attorney can be sent by mail (including electronic), telegraph, delivered in person, etc. In practice, as a rule, in the event of cancellation of a power of attorney, the principal formalizes the transfer of the corresponding application (notice, notice, etc.) through a notary. At the request of the person who canceled the power of attorney, in addition to completing the Transfer of the application itself, he may also be issued a corresponding certificate of transfer of the application. On a copy of the power of attorney kept in the notary's files, it is advisable to make a note about the cancellation of the power of attorney.

The cancellation of the power of attorney may be published in the official publication in which information about bankruptcy is published. Third parties are considered to have been notified of the revocation of the power of attorney after a month from the date of said publication, unless they were notified of the revocation of the power of attorney earlier.

IN civil legal relations It is common to draw up various powers of attorney. So, there is a standard one, ordinary document appropriate type and general power of attorney. What are the specifics of each of them?

What is a regular power of attorney?

By usual we mean power of attorney, which is formalized for the purpose of transferring by one person (sometimes an organization) certain and, as a rule, limited powers to another entity. For example, related to driving a car, providing intermediary services, transfer of documents.

Ordinary powers of attorney are classified into:

1. one-time - involving the implementation of one action by the authorized person;
2. special - allowing the authorized person to carry out a series of specific targeted actions over a certain period of time.

An ordinary power of attorney is most often drawn up in a simple form and in most cases is not subject to notarization. Important criterion- Availability personal signature principal on the document. If the relevant source is sent to a trusted person by email, he will general case is not considered as a legitimate power of attorney. But if the document is certified in established by law ok with digital signature, then the power of attorney can be recognized as a legally significant source.

True, use electronic power of attorney in practice, it may raise questions among those checking it. The fact is that they must be able to verify the authenticity of the digital signature using legal, technologically advanced methods. Such resources are not always available even in the most common civil legal matters.

An ordinary power of attorney states:

1. Full name of the authorized person, principal;
2. the scope of powers of the trustee, as well as in what legal relations he has the right to represent the interests of the witness and carry out actions on his behalf.

The maximum validity period of a regular power of attorney is 3 years. The person transferring his powers may reduce this period. If it is not indicated in the document, then the power of attorney is considered valid for 3 years from the date of signing.

An ordinary power of attorney can be revoked at any time by the person who issued it. Even if the document is certified by a notary, its revocation is also possible. But in this case, you should contact the same notary who certified the relevant source. An important nuance: the person who received authority under it must be informed about the cancellation of the power of attorney. If he does not find out that the power of attorney has been revoked, he will have the right to continue to act on behalf of the witness for deadline document actions.

What is a general power of attorney?

It is worth noting that in the legislation of the Russian Federation there is no concept of “ general power of attorney». This term actually unofficial. Among experts, there is a common definition of a “general power of attorney” as a document that certifies the powers of the trustee to use and dispose of all the property of the principal, as well as to represent the interests of the person who issued the document in any legal relations not prohibited by law.

Thus, a general power of attorney is a source that gives a citizen the right to formalize on behalf of the principal any legal transactions with movable or immovable property. The corresponding document also allows the authorized person to make financial transactions, receive cash in banks or place them in accounts.

A mandatory condition for a general power of attorney to acquire legal force is notarization of the document. Revoking the source in question is more difficult than a regular power of attorney. To do this, it is not enough to contact a notary and inform the authorized person about the cancellation of the document - it is also necessary to notify about this those persons who have entered into legal relations with the person representing the interests of the witness.

Comparison

The main difference between a power of attorney and a general power of attorney is that the first document involves the transfer by one entity to another of one or a small amount of powers to participate in certain legal relations. In the case of a general power of attorney, the list of powers is limited to those legal relations that are considered legal. An authorized person who has received the appropriate powers has the opportunity to carry out on behalf of the principal all those transactions that are carried out in the legal field of the state.

This feature predetermines other fundamental differences between the types of power of attorney under consideration. For example, related to the need notarization documents, with the features of their cancellation.

Having determined what the difference is between a power of attorney and a general power of attorney, we will reflect the conclusions in the table.

Many have heard about this legal document, as a general power of attorney, but not everyone knows what powers it provides. This is a transaction made in unilaterally, in which one person (the principal) gives the right to perform any actions to another person. Such paper must be notarized. The document is issued to certain period, if desired, the principal has the right to revoke it at any time.

What is a general power of attorney?

This is paper a certain sample, certified by a notary, which gives one person (individual or legal) legal grounds to commit on behalf of another person different actions specified in the document. Most power of attorneys have a validity period (maximum - 3 years), but there are also unlimited ones, which are rare, and notaries are reluctant to certify them. Only legally capable citizens can enter into such an agreement.

To whom is it issued?

A power of attorney can be issued to any individual with legal capacity or legal entity, current legislature does not put forward any restrictions on this issue. The presence of the authorized person during the transaction is not mandatory; he can even be abroad and receive the paper by regular mail (valuable by registered mail) or through a friend.

What is it for?

The rights specified in the “general” vary and can authorize the authorized person to take the following actions:

• drive a vehicle, manage property;
• realize Bank operations(receiving deposits, loans, manipulating accounts);
• be a representative of the principal's interests in the authorities state power or other organizations;
• sign on contracts and other papers.

Rights and obligations of the principal

There are two parties to a general power of attorney – the principal and the attorney. Everyone has their own rights and responsibilities. For the trustee they are:

• is obliged to provide the authorized person with rights (powers), indicate them, and notarize the paper;
• is obliged to provide the authorized person with the funds necessary to carry out instructions, to compensate for any losses incurred material damage;
• is obliged to accept all obligations fulfilled under the contract and to remunerate if this was stipulated in the conditions;
• has the right to terminate the deal at any time.

Types of powers of attorney for individuals

Based on the characteristics of the agreement, content and amount of powers, powers of attorney are divided into three main types:

1. One-time. It gives the authorized person the right to perform specific action once. For example, get monetary values(salary, pension) when the principal cannot do this on his own.
2. Special. With such a document, the attorney is authorized to perform the same action several times.
3. General (general). Gives the authorized person the opportunity to legally dispose of, manage the property of the principal, perform various manipulations with it.

For all powers

This type of contract provides the attorney with absolutely all the opportunities available to the principal. The authorized person can:

• act on behalf of the person who issued the document in all instances, without restrictions on forms of ownership;
• resolve issues, sign documents with any individuals;
• manage material and intangible property first person (receive a salary, pension, transfers, enter into a will, read letters and respond to them);
• act on behalf of the principal in any area of ​​activity.

Are you interested in how to issue a general power of attorney for everything? To begin, select a trusted person, prepare his passport details, other documents (for property rights, registration certificate for the car), make several copies of all papers. Next, contact a lawyer who will provide you with a general power of attorney form for all powers, formalize the transaction in accordance with all requirements and certify copies. After carefully reading the text of the general power of attorney, all that remains is to sign and give it to the authorized person.

For car

This type of power of attorney is the most common; the subject of delegation under such an agreement is the following powers:

• exchange, sale, disposal of vehicles;
• deregistration with state traffic inspectorates;
• transfer of the vehicle to a third party;
• other actions at the disposal of the vehicle.

When issuing a “general title” for a car, the seller must take into account the fact that until the buyer redoes the documents for himself, tax receipts and fines will come to his name. The most unpleasant moment is that the authorized person may get into an accident (with casualties, damage) and flee the scene. Then the police will come to the seller to sort it out.

A buyer who does not re-register a car after signing a general contract also risks it. The seller can revoke the document at any time and take the vehicle; in the event of his death, the right to own the car will be inherited by the heirs. If the buyer dies, the contract becomes invalid and vehicle returns to the seller.

For real estate

General agreement on not movable property gives to an authorized person the following rights:

• prepare and execute any documentation on behalf of the principal (lease agreement, donation agreement, purchase and sale agreement, exchange agreement);
• resolve all bureaucratic issues and organizational problems;
• personally participate in transactions and sign.

Often like this notarial document issued for a specific property with an address, a clear description of the apartment, house, and information about state registration. It is also necessary to draw up a list of all powers for real estate, transferred to the attorney, thereby outlining the legal framework within which he can act. An important nuance is that it is impossible to register someone in an apartment using a “general” license.

To represent the interests of a legal entity

The general agreement, according to which a legal entity represents an individual before others, must be executed in in writing. It is necessary to have the signature and seal of the head of the company, the signature of an authorized person, and the date of signing the document. All information in this legal paper it is permissible to state in business style, without errors, blots, corrections.

Registration of a general power of attorney from a notary

In most situations, the rights and powers listed in such an agreement require certification by a notary office. The document must have a notary's signature and seal, so you will still have to visit it. When drawing up such papers, the lawyer must explain to the parties to the transaction the possible consequences after the conclusion. One copy of the agreement is given to the authorized person, the second remains in the notary's office.

The principal must be present at the transaction in person and have with him the originals of all necessary documents, draw up a list of powers, put your signature. Most “generals” do not require the presence of an authorized person; passport data is enough to draw up an agreement. He will be able to receive his copy of the document after the transaction is completed.

What documents are needed for registration?

Go to a notary to draw up a power of attorney general view required with originals following documents:

• passport of the Russian citizen of the principal + photocopy;
• identification code principal;
• property ownership documents + photocopy;
• passport information about the authorized person, it is better to provide a photocopy of his passport;
• in case of sub-authorization - the main power of attorney.

How much does a general power of attorney cost from a notary?

The price of a general power of attorney from a notary depends on: its type, validity period, number of parties to the transaction, and the need for the notary to visit the client. The greater the volume of work of a specialist, the higher the cost of paper. Most clients are interested in how much a general power of attorney for a car costs. The cost of certification is already ready-made contract– 400 rubles, preparation and certification – 800 rubles (for individuals) and 1200 rubles (for legal entities).

Effect of general power of attorney

The “General” is valid for the period for which it is concluded, but can be terminated prematurely in the following cases:

• cancellation of paper by the principal;
• termination of existence of a legal entity (being an attorney or principal);
• the attorney's refusal to comply with his obligations;
• death of a trustee;
• death of the principal;
• recognition of the incapacity of one of the parties;
• restriction of legal capacity of one of the parties to the transaction.

For what period is it issued?

The validity period of the “general agreement” begins on the day of its signing. Most documents include this clause, but if it is not there, then the paper is valid for 12 months. Maximum possible deadline registration of general powers of attorney – up to three years. If desired, the principal can terminate the contract ahead of schedule termination of its action. Also, the agreement becomes invalid in the event of the death of one of the participants in the notarial transaction.

Is it possible to revoke

The person who issued the power of attorney has every right cancel it unilaterally. To do this, you need to write an application indicating the series, number, date of issue, and validity period of the document being revoked. It is not necessary to write the reason for the review. Next, you need to contact the lawyer who certified the paper; if that doesn’t work, another notary office will do. Upon completion of the revocation procedure, the notary is obliged to inform the trustee and other participants in the transaction about the termination of the agreement.

If the lawyer cannot do this within the time frame you need, notify everyone yourself. Your actions with property will be illegal and may be challenged in court if authorized person was not informed about the termination of the contract. Avoid occurrence controversial issues perhaps by taking a receipt from the parties to the transaction stating that everyone has been notified and has no more rights and the powers that were assigned to them by the document.

What does a general power of attorney give for a car?

An auto power of attorney grants the right to manage it to the individual specified in the document. Is temporary in nature, can be compiled on special form or in writing. Such a document does not convey the right to own a car; you can only drive the car; you cannot independently re-register the vehicle with the traffic police. Additionally, the “general plan” specifies the authority to repair the car, insure it, carry out technical inspections, and resolve any disputes. judicial issues V in case of an accident.

There is a “general title” for a car with the right to sell, but the buyer cannot be the attorney himself, since he cannot sell movable property to himself. It will also not be possible to register for a spouse, because she is a member of the family of a trusted person, they have total budget, and the car is property acquired jointly during marriage. That is, the same scheme results - selling to oneself, which is prohibited by law.

Video: Pros and cons of a general power of attorney for a car

All existing powers of attorney can be divided into three types:

1. One-time power of attorney. It is given to perform any one action. For example, to sign an agreement, to exchange living space, to sell or buy a home or a car.

2. Special power of attorney. Issued to perform a number of similar actions within a certain time. For example, to conduct cases in courts.

3. General power of attorney. Issued for the management and disposal of the principal's property, making certain transactions with it (up to pledge and sale). Such a power of attorney is issued, for example, by the principal in the event of his long absence. The name itself - general - indicates that the trustee is given maximum completeness of action.

Actions carried out under a power of attorney can be very different - from collecting documents in various authorities to alienating (sale, donation, exchange) of real estate and receiving money due to the seller. A person who has received a power of attorney has the right:

* manage and dispose of the property entrusted to him;

* make various types of transactions with him, including collateral and sale;

* receive loans;

* carry out banking operations;

* represent the interests of the principal in court;

* sign contracts on his behalf.

For all types of powers, a power of attorney within the country can be issued by any notary, regardless of where he is located, as well as where the authorized person and the property are located. Only the original!

The power of attorney is civil transaction, therefore, it must comply with all the requirements for transactions by law. What are these requirements?

As a rule, for a power of attorney there is special form(you can always get acquainted with it in notary offices). The power of attorney is issued only in writing. In order for it to be considered valid, a simple written form is sufficient.

The paper in question can be handwritten or printed, drawn up either in the form of a special document or in any other form. For example, if you trust, as they say, from a distance, then you can resort to the help of telegraph, fax, Email. A notarized power of attorney is printed on a special form, with the signature and seal of a notary.

It is important that this document contains all the necessary data: it must clearly reflect the powers of the representative, in which institutions he can represent the principal and what actions to perform there on his behalf. As well as the details of the principal and the trustee and the date of preparation. The absence of such a date makes the paper void, that is, having no legal force.

A power of attorney is a personal document. This means that it must indicate the person to whom it was issued, as well as the person who issued it. A power of attorney can be issued in the name of one trustee, or in the name of several, who can act jointly or each individually. And it can be issued not only by one person, but by several at once.

The validity period of the power of attorney is established at the request of the one who issues it, but cannot exceed three years (Article 186 of the Civil Code of the Russian Federation). If no period is specified, it is valid for one year from the date of issue. An exception is a “perpetual” notarized power of attorney issued to perform actions abroad, which remains valid until revoked.

The person who issued the power of attorney can cancel or revoke it at any time by contacting the notary who executed the document. And be sure to notify the person to whom it was issued as quickly as possible about the cancellation. Until that person learns of the cancellation, all rights under the power of attorney remain. The authorized person can also refuse the power of attorney and the powers granted to him.

The power of attorney must be presented only in the original.

Neither type of power of attorney makes the trustee an owner. The authorized person does not have the right to make transactions in relation to himself personally. That is, if he was entrusted with the purchase and sale of an apartment, then even with a general power of attorney he cannot sell it to himself.

The authorized person must personally perform all actions specified in the power of attorney. There are cases when the one to whom you transferred your rights to complete a transaction, for some reason, cannot exercise them. Either you changed your mind, or you have doubts about the correctness of your choice of trustee. Therefore, it is better to issue a power of attorney with the right of substitution, which must be notarized. Its validity period should not exceed the validity period of the power of attorney on the basis of which it was issued. The assignment can be canceled at any time, just like a power of attorney. At the same time, it is also necessary to notify those whom you decide to no longer trust.

If the transferee does not do this, then he himself bears full responsibility for the actions of the person to whom the powers have been transferred. At the same time, a trustee can transfer his powers to a third party. But - provided that this is stipulated in the main power of attorney. The entrusted document must also be certified by a notary. And the principal is immediately notified of this.

Power of attorney - special document. And you need to give it out for real estate transactions only to someone you trust, like yourself. However, issuing a one-time power of attorney to carry out certain instructions (for example, to a realtor of a real estate agency to collect and prepare documents necessary for the sale of an apartment) special risk has no idea. But with a general power of attorney for a transaction with your real estate - its sale, exchange, etc. - you need to be very careful. There is certain risk, especially for the buyer. After all, he does not know the person who issued the power of attorney, nor under any circumstances was it signed. What if he was in a state alcohol intoxication or mentally ill, and therefore did not give an account of his actions? Or did he sign under threat of violence?

It happens that the principal revokes the power of attorney (or is no longer alive), and the transaction is completed according to invalid document. Often check everything possible situations simply unrealistic. And any of them can end in exhausting litigation and, in the end, the loss of both the apartment and the money. I know a number of similar legal proceedings, when the power of attorney was declared invalid, the transaction was terminated and the buyers were evicted.

The seller also takes risks when he entrusts the apartment to a stranger or a private intermediary. It happens that a power of attorney is forged, and so skillfully that without an examination you cannot tell the difference. Unfortunately, in Lately Cases of fraud have become more frequent when housing is sold under false powers of attorney. True, the “craftsmen” who do this, or those who use such a document, face liability under the Code of the Russian Federation on administrative offenses or according to the Criminal Code of the Russian Federation.

To avoid excruciating pain...

1. The seller of the apartment should be as specific as possible and list in detail the actions that the authorized representative is authorized to perform.

2. Before putting your signature, the seller needs to carefully read what exactly he trusts. There are cases when a power of attorney is issued for one simple operation(let's say for collecting documents), but in reality - for selling an apartment. In it, as if between the lines, the following phrase may be “lost”: entrusted to sell at its own discretion with the right to receive money.

3. You must sign the purchase and sale agreement with your own hand and receive the money, without trusting it to third parties. Many real estate agencies include this item in preliminary agreement with the client as an additional condition.

4. Any power of attorney must be verified. Don’t be lazy, go to the notary and ask whether it was really issued and whether it was revoked. If a notary has certified it, he must enter the information into his register. On any document issued by a notary, the date of issue and registry number. True, it is extremely difficult to verify a power of attorney from another city.

5. If the buyer decides to purchase an apartment by power of attorney, then in order to avoid a “fake” power of attorney from the scammer, it is necessary to contact the owner of the apartment and make sure that the power of attorney is genuine and that he really intends to sell the living space through a proxy. And also whether the trustee has the right to deal with the sale of the apartment, or his role is only, for example, in paperwork. If, when making serious transactions, you are presented with a power of attorney, and it is impossible to contact the principal, it is better to refuse this option. By the way, self-respecting real estate companies put prerequisite a meeting with the owner of the apartment if the transaction is proposed to be carried out by proxy.

Nothing is eternal under the Moon

The power of attorney expires on following cases:

* expiration of its term, and in relation to a one-time power of attorney - the commission by the representative of the action for which he was authorized;

* cancellation of the power of attorney by the person who issued it or refusal of it by the person to whom it was issued;

* termination of the power of attorney occurs in the event of termination of activity (reorganization or liquidation) of the legal entity to which the power of attorney was issued;

* liquidation of the legal entity that issued the power of attorney;

* death, recognition as incompetent, partially capable or missing of a citizen to whom the power of attorney was issued.

Upon termination of the power of attorney, the representative or his legal successor is obliged to immediately return the power of attorney to the represented person or his legal successors.

When to rush to the notary

A power of attorney issued for all real estate transactions must be certified by a notary. You cannot do without a notary in all cases of transfer of rights to real estate from one person to another. Be it selling, buying, exchanging an apartment or donating it. The same applies to a power of attorney issued for collecting documents and registering an agreement.

Behind notarized certificate power of attorney, the principal is in notary office with your passport. The presence of a proxy is not required. All you need is his passport details, as well as following information: last name, first name, patronymic, date and place of birth, registration address.

There is a fee for drawing up a power of attorney and its certification. National tax in the amount of 200 rubles. The same amount - for certification of a power of attorney issued by way of delegation (if such certification is required).

When certifying a power of attorney issued to several persons, the state fee is paid once. By law, some citizens are entitled to benefits. Its size also depends on family relations between the principal and the one whom he trusts to conduct the transaction.