Who certifies the power of attorney to represent interests. Who is the best person to certify a power of attorney?

The validity of an official document is terminated for certain reasons. They are established by the Civil Code of the Russian Federation. Conclusion It is important to remember that powers of attorney issued by proxy lose their validity simultaneously with the main document. The representative must be notified of the termination of the official document. It happens that the representative could not know about the loss of legal force of the document; he was not warned. In some similar controversial situations, the judge recognizes what was executed under the power of attorney, even if the principal died. That is why the task of the legal successors is to immediately notify all interested parties of the loss of validity and legal significance of the paper. Now we know who has the right to certify a power of attorney, except a notary.

Who has the right to sign a power of attorney on behalf of a legal entity?

Attention

In what form should a power of attorney be drawn up? A prerequisite for drawing up a power of attorney is its written form (clause 1 of Article 185 of the Civil Code of the Russian Federation). As for the form of the document itself, it can be arbitrary depending on what functions the trustee will perform.

As an example in the figure, we have given a power of attorney to represent the interests of a legal entity; it is drawn up in simple written form. Sample power of attorney for an employee to represent the interests of the organization Power of attorney for signing reports and submitting them to the tax office, extra-budgetary funds and statistical authorities of the city.
Moscow November 5, 2013 Limited Liability Company "Victoria", INN/KPP 7721765845/772101001, OGRN 1345867549834, location: 109444, st. Ferganskaya, 10 (hereinafter referred to as the Company), represented by General Director Alexander Yurievich Mikhailov, acting on the basis of the Charter and Art.

Registration of a power of attorney

Important

The Civil Code of the Russian Federation indicated that a facsimile can be used in cases provided for by law, other acts, and if there is such an agreement between the parties. Letter No. 18-0-09/ of the Ministry of Taxes and Taxes of the Russian Federation dated 04/01/2004 establishes a ban on the use of facsimiles in powers of attorney and transactions in which a monetary obligation arises.

As for judicial practice on this issue, the following positions exist:

1. Placing a facsimile signature on a power of attorney does not make such a power of attorney legally defective (resolution of the Federal Arbitration Court of the Moscow District dated June 28, 2013 in case No. A40-159418/2012).
2. When signing a power of attorney with a facsimile signature, a corresponding agreement on its use must be concluded between the parties (resolution of the Federal Arbitration Court of the North-Western District dated December 23, 2013 in case No. A21-10989/2012).

Who can certify a power of attorney

Who, besides a notary, can certify a power of attorney is of interest to many. Let's look at this question further. The Power of the Notarial Form People in practice have greater confidence in the notarial form of a document. That is why people turn to a notary even in situations where this is not required, and you can safely do without this procedure. Many are guided by the fact that a specialist will help draw up a document correctly, without defects and errors.
He is able to assure him without any inaccuracies that could cause him to lose his power. Since the notary is familiar with all the intricacies, citizens prefer to contact him in all cases.
So, let's consider who can certify a power of attorney, other than a notary.

We draw up a power of attorney in a new way

So, you will need a power of attorney:

• to a director who was appointed without including information about his position in the charter (for more information, see here: Drawing up a power of attorney for the director of an LLC - sample);
• to the head of a branch of an LLC (Sample power of attorney for the head of a branch);
• to another person to carry out certain transactions, for example, to deposit cash in a bank (Power of attorney to a bank from a legal entity - sample).

In addition to the power of attorney, the authority of the representative can be confirmed by an agreement concluded between the principal and the attorney, and a decision of the meeting of the LLC (Clause 4 of Article 185 of the Civil Code of the Russian Federation). Who signs the power of attorney? The right to subrogation According to paragraph.

4 tbsp. 185.1 of the Civil Code of the Russian Federation, the following may certify a power of attorney on behalf of the LLC with his signature:

• its executive body;
• another person specified in the law or charter of the company.

Question: how to certify a power of attorney at the place of work?

Info

These, in particular, include: - Use of a document under the right of subrogation (Civil Code, Art. 187). Delegation means that the principal allows the exercise of certain powers by other people, and not by a representative.

— A notarized form of power of attorney is required to re-obtain a certificate that is associated with state registration of rights to real estate and acts of civil status. In other situations, an ordinary power of attorney submitted in writing is sufficient for citizens.

For example, to use a vehicle owned by another person. In this case, a document certified by a notary is not required.

If you intend to sell property owned by the principal, you need paper that needs notarization. Donation or purchase and sale imply registration of a citizen's rights to real estate.

What is a general power of attorney for signing rights?

Powers of attorney issued by citizens can be certified by a notary or by the organization in which the principal works or studies, a homeowners' association, a housing, housing-construction or other specialized consumer cooperative that manages an apartment building, a management organization at the principal's place of residence, or the administration of the institution. social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, by the commander (chief) of the relevant military unit, formation, institution, military educational institution, if powers of attorney are issued by military personnel, employees of this unit, formation, institutions, military educational institutions or members of their families.

Peculiarities of certification in the absence of a notary In accordance with Article 185 of the Civil Code of the Russian Federation, the following provisions exist: 1) A power of attorney is a written authority issued by one citizen to another for representation before third parties. In this case, the represented person can provide written authority for a certain transaction directly to a third party.

If we are talking about a power of attorney that requires a notarized form, then it must be notarized, excluding situations provided for by law. Can someone other than a notary certify a power of attorney? In some cases, a person does not have the opportunity to contact a specialist. In this situation, it is permissible to entrust the document to another person authorized by law. The legislation gives similar powers not only to the notary, but also to other persons.

Who signs the power of attorney when notifying the organization?

Legislative features of a power of attorney All powers of attorney certified by such persons and bodies have the force of a power of attorney if it were certified by a notary. The duration of the power of attorney itself may vary. This can be an order to perform one action or a power of attorney with a specific period for either one year or three years.

A power of attorney is terminated if the period for which it was issued expires or the person who issued the power of attorney dies. In addition, the power of attorney will terminate if the person no longer wants to carry out the instructions and refuses. As a result of liquidation, a legal entity (organization, firm, enterprise) will also have its power of attorney terminated. The law provides for all cases and situations when, at the request of a citizen, his power of attorney can be certified regardless of where he is located.
EBC 07/20/2011, 07:55 Yes, I’m not asking what the power of attorney should be. This issue has already been discussed here. I wrote that I consulted with the chairman. court where the application was sent. Her answer is unequivocal - it can be certified in the organization where the principal works (On this issue, see question No. 12 of the Review of VU practice for the 4th quarter of 2008). The question is different, who should certify the signature of the principal if the principal is the director of SidWilson 07/20/2011, 08:04 The question is different, who should certify the signature of the principal if the principal is the director of the Notary. The director himself with the seal of the organization (if such a power of attorney suits everyone).
At the bottom, write that the power of attorney was issued and certified at the Principal’s place of work. Signature and seal of the Director - you don’t need to invent anything else - in the courts I have had such powers of attorney from the director go through with a bang! sstyle1 01/08/2013, 11:19 AM EBC, you asked an interesting question, but why certify the director’s signature if he will be represented by another person? Your director issues a power of attorney from himself (as an individual) to this other person and certifies his (REPRESENTATIVE) signature as the director of the enterprise. At the bottom, write that the power of attorney was issued and certified at the Principal’s place of work. Signature and seal of the Director - you don’t need to invent anything else - in the courts I have had such powers of attorney from the director go through with a bang! I have a similar situation. You can attach a sample. I (as an individual) trust a representative to represent me in court.
A power of attorney for a person representing a citizen to receive financial funds from his bank account, his deposit, correspondence sent to him in communication institutions and to carry out other transactions on behalf of the citizen is allowed to be certified by the relevant communication organization or bank. Such a power of attorney can be certified free of charge. Who else can certify a power of attorney other than a notary? Such a document is on behalf of a legal entity, which is issued under the signature of its head or another person authorized to do so according to the constituent documentation, with the seal of this institution attached.

Peculiarities of certification in the workplace We have figured out the issue of who can certify a power of attorney. Tips are given below. The employer has the right to sign the document at the citizen’s workplace.

This happens in isolated cases. The paper is certified by the seal and signature of an authorized person.

— what are we talking about and when is it necessary? Do you always need this form of power of attorney to delegate your rights to another person? How is this document prepared? You can find answers to questions that often arise regarding the issuance of a notarized power of attorney below.

Notarized power of attorney - when is it needed?

A power of attorney requiring notarization is required in situations that are specified in clause 1 of Article 185.1 of the Civil Code of the Russian Federation, which states that the need for a notarized power of attorney arises in cases where it is necessary to perform certain actions entailing state registration, or information about such actions are entered into the state register.

To make it clearer, here are examples of cases when a notarized power of attorney is required:

• carrying out transactions for the acquisition or alienation of real estate,
• carrying out transactions for the alienation or acquisition of shares in the authorized capital of a legal entity,
• registration or termination of a person’s activities as an individual entrepreneur,
• concluding a lease agreement for non-residential premises for a period of more than 1 year, etc.

The notary himself is responsible for drawing up a notarized power of attorney. The document is printed on special paper and must contain the signature and seal of the person who certified it. Information about issued powers of attorney is entered into the register, which is stored in the notary's office.

It should be said that in practice, many government bodies and structures prefer to work with notarized powers of attorney, since they are direct confirmation of the free and conscious expression of the will of a person to delegate authority to perform any actions to other persons (due to the obligation of the notary to check the identity of the principal before performing actions , his legal capacity, as well as free will).

Particular attention is paid to the validity period of the issued power of attorney. It is considered from the moment of its issuance, so affixing the date is a prerequisite for its validity. It is important to say that the validity period of the power of attorney has not been limited since 2013. However, if it is not directly indicated, then the power of attorney is considered to be drawn up for a period of 1 year.

The legislator specifically stipulates the actions of notary employees in relation to powers of attorney that will be used outside the country. If the validity period of such a power of attorney is not expressly stated, it is valid until revoked.

The right of subrogation - from representative to representative

With any form of power of attorney, the principal has the possibility of entrusting them to third parties, or, on the contrary, such a possibility is excluded. In the first case - when drawing up a power of attorney in the order of subpoenaing - it is required to have it certified by a notary (clause 3 of Article 187 of the Civil Code of the Russian Federation).

What does the right of subrogation mean? This means that the authorized person, if it is impossible for him to carry out the assignment independently for one reason or another, has the right to transfer the rights delegated to him, reflected in the power of attorney, to other persons. Let's also say that in Art. 187 of the Civil Code of the Russian Federation there is an indication that in the case of reassignment of a power of attorney, the person who entrusted it must notify the principal of the actions taken, and he must do this within a reasonable time. At the same time, complete information about the new representative to whom the right to execute the order has been transferred is provided. However, the grantor retains the rights specified in the document, unless otherwise provided in it.

If the principal is not notified of the actions taken by the authorized person upon the transfer of the document, the person initially specified in the power of attorney is responsible for the actions of the new representative. As for the validity period of a document issued by way of subrogation, it should not exceed that previously established in the main power of attorney.

It should also be noted that the person to whom the right to execute this order is transferred by way of sub-assignment does not have the right to transfer (de-assign) the powers assigned to him to other persons.

You should also remember some points that deserve attention. For example, the fact that the original document must contain an indication of the possibility of reassignment - such a possibility is directly provided for by the legislation of the Russian Federation (clause 7 of Article 187 of the Civil Code of the Russian Federation).

What powers of attorney are equivalent to notarized ones, forms for them

In addition to notarized powers of attorney, which have already been dealt with, there are also powers of attorney equivalent to them.

In Art. 185.1 of the Civil Code of the Russian Federation provides for the possibility of using powers of attorney that are not notarized, even in cases where such a document is required. There are few situations of this kind; they arise, as a rule, due to the inability of citizens (for reasons beyond their control) to draw up a power of attorney in the proper form.

For this reason, the above-mentioned article of the Civil Code of the Russian Federation allows us to equate the following types of powers of attorney with notarized ones:

1. signed by the head of the medical institution or the head of medical care. partly (in the absence of the mentioned officials - by the senior or duty doctor) issued to military personnel undergoing treatment in military medical institutions (hospitals, military sanatoriums);
2. issued to military personnel in places of permanent deployment of military units - subject to the inaccessibility of notary offices or other bodies authorized to perform notarial acts, after preliminary certification of the power of attorney by the commander (chief) of the military unit;
3. issued by military unit employees, military personnel or members of their families, students of military educational institutions - subject to their certification by the command of the unit (unit, educational institution, etc.);
4. powers of attorney issued by prisoners (must be certified by the head of the correctional institution);
5. documents issued by capable citizens located in social protection institutions, and signed by managers, administration representatives or other persons authorized for such actions by these institutions.

The above list is exhaustive, and therefore, no other documents, no matter who signed them, have the force of a notarized power of attorney. Institutions such as hospitals and prisons usually already have standard forms for powers of attorney, you just need to fill them out.

Don't know your rights?

Reply from 04/27/2013 07:37

In your situation, no one except a notary can do this.
GK
Article 185. Power of attorney
1. A power of attorney is recognized as a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.
2. A power of attorney for transactions requiring a notarial form must be notarized, except in cases provided for by law.
3. The following are equivalent to notarized powers of attorney:
1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;
2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander ( the chief) of this unit, formation, institution or institution;
3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;
4) powers of attorney of adult capable citizens located in institutions for social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body of social protection of the population.
4. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and parcel mail, can also be certified by the organization , in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.
A power of attorney for a citizen’s representative to receive his deposit in a bank, funds from his bank account, correspondence addressed to him in communications organizations, as well as to carry out other transactions on behalf of the citizen specified in paragraph one of this paragraph, may be certified by the relevant bank or communications organization. Such a power of attorney is certified free of charge.
(paragraph introduced by Federal Law of August 12, 1996 N 111-FZ)
5. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached.
A power of attorney on behalf of a legal entity based on state or municipal property to receive or issue money and other property assets must also be signed by the chief (senior) accountant of this organization.

Documents issued by individuals must be certified by a notary. How to certify a power of attorney without a notary. How to certify a copy of a document correctly. The question of how to certify copies of documents for the tax authorities arises for companies when they have to send a large number of documents, including multi-page ones, to the Federal Tax Service. For example, in order to provide documents for some registration cases by proxy, it is necessary to have the copy certified by such an official. A list of details required for self-certification and examples of correct formatting are provided. How to properly certify a copy of a document

The article describes how to certify a power of attorney in the personnel service, who needs a power of attorney, who performs individual personnel actions under a power of attorney, and how all this is formalized. In what documents should this be stated? By adhering to all the above rules, you can quickly and easily write and certify this type of documentation. It is especially important to know that notary services are paid, but a power of attorney of equal strength can be made free of charge if it is certified by authorized persons. Lawyer's answer to the question Who can certify a simple written power of attorney Question. How often do HR employees encounter powers of attorney? City and date of execution of the power of attorney. Go ahead and read the lawyer's response! The article describes how to draw it up correctly and how to certify it at the place of work. Outsiders do not have the right to certify copies, even by proxy, meaning, for example, lawyers, accountants, HR officers working under a contract or outsourcing

How to certify a copy of a document in various situations. Why is a copy of the document certified? In this case, a formal contract is drawn up, which must be certified. The certificate is provided to an individual who acts on his own behalf or on a legal entity in accordance with a power of attorney or the Charter. HOW TO CERTIFY A COPY OF A PAPER DOCUMENT. A power of attorney to represent the interests of the company in relations with third parties. The process of registration and certification of a power of attorney by a notary

A power of attorney certified at the place of work is often issued to employees of large organizations for holding conferences, signing statements, and representing interests in court. As I already wrote in the administrative case, the judge refused to admit me by power of attorney, certified at the place of work and by an oral statement from the principal, stating that the Civil Code! Does not provide. Copies of documents can be certified not only by the manager, but also by any employee of the company, when providing a power of attorney document, order, etc. How to certify a copy of a document. The right to certify documents, as a rule, is not secured anywhere, so if necessary, this can be done by any employee of the organization. If the validity period was not specified when drawing up, the power of attorney is valid for one full year from the date of its certification by default. How can a prisoner certify a power of attorney or, more precisely, changes to a general power of attorney if the head of the colony refuses to do so? R R R R how to certify a power of attorney

How to certify a copy of a document correctly. Can the chairman of the HOA certify the power of attorney? Perhaps there is no accountant who would not have to prepare copies of documents for submission to tax authorities Articles 88, 93 of the Tax Code of the Russian Federation, to extra-budgetary funds Articles 37, 38 of Federal Law No. 212FZ. Often, persons who decide to make a transaction formalize it with the participation of a notary, believing that such a document inspires greater confidence among officials and. For example, a power of attorney for the right to manage real estate or representation in court.

A power of attorney is a document that exists within the framework of the institution of representation. It is written out by a person to represent his rights in transactions and other relationships that have important legal significance for the parties. It is prescribed in various situations: a person may be sick, so he trusts a citizen to carry out a transaction, or he may be busy. It reflects the free will of the principal to vest the representative with the powers specified in it. Power of attorney is divided into types. It can be general: one in which many powers are indicated. They are associated with transactions with the property of the principal. Also, special or one-time. The law does not indicate in what form the document must be issued. Therefore, a person can personally decide which type to choose for a particular situation. The deadline must be specified in the document. If it is not specified, the official paper is invalid. But one should not confuse the registration period with the term of authority: the time period associated with the competence of the representative is not precisely defined. If it is not specified, it is equal to 12 months. It is also important to know who has the right to certify the power of attorney, in addition to the notary.

Specialist help

It cannot be said that the law imposes strict requirements on a power of attorney in terms of its certification by a notary. There are not so many cases when a certificate is necessary; they are all listed in the Civil Code of the Russian Federation. In particular, these are situations:

• Use of a document where possible reassignment (Article 187 of the Civil Code). Sub-entrustment means that the principal allows the exercise of the listed powers not by the representative, but by other people.
• A power of attorney in notarized form is necessary to obtain a second certificate related to the state registration of civil status acts and rights to real estate property.

In other cases, citizens only need an ordinary power of attorney, in writing. For example, to use a vehicle owned by another person, you do not need a notarized document. But if the principal decides to delegate his powers, then certification of the power of attorney is mandatory. If the principal intends to sell the principal's property, then a notarized document is needed. Purchase and sale or donation implies registration of rights to real estate.

In practice, citizens trust the notarial form of a document more. Therefore, they turn to a notary even in cases where this is not necessary, and it is quite possible to do without certification. Many of them are guided by the fact that a notary will help to correctly draw up a document, without errors and omissions. Who is able to certify a power of attorney without inaccuracies that lead to invalidity? Of course, a notary, since the specialist is familiar with all the intricacies.

How to certify in the absence of a notary

Who can certify powers of attorney other than a notary? In some cases, a person does not have the opportunity to see a specialist. In such a situation, the document can be certified by another person authorized by law. The legislation allows certification not only by a notary, but also by other persons. Powers of attorney that have notarial force include the following documents:

• military personnel - being treated in a hospital, if they are certified by a doctor or the head of the hospital;
• military personnel in the absence of notary offices - by the unit commander;
• prisoners - the document is certified by the head of the correctional institution.

The documents drawn up and certified by these officials are in notarial form. This means that they have the same legal force as those documents drawn up by a specialist. Who else can certify a power of attorney other than a notary? The officials listed above.

Certification at the place of work

The employer can sign the document at the person’s place of work. This happens in certain situations. The paper is certified by the signature and seal of an authorized person who has been granted this right. If it is issued from an organization that was founded on state property for the purpose of issuing material funds or other valuables, it must bear the signature of the chief accountant of the enterprise. Powers of attorney can be certified by a notary only upon presentation of the main document. The transfer of granted rights under it is possible in a situation where this possibility is specified by the principal in the power of attorney.

IMPORTANT: A power of attorney is a document that is certified only by the personal signature of an authorized person. Electronic signatures cannot be used for this document. It is also desirable for an assurance to be present, although in many cases it is not required. Therefore, if you can do without it, then a person can decide for himself whether to contact a notary or not.

An official document ceases to be valid for certain reasons. They are established by the Civil Code of the Russian Federation:

• expiration;
• cancellation by the principal;
• refusal of the representative;
• termination of work of the legal entity on whose behalf the document was issued;
• termination of work of the legal entity to whom the document was issued;
• death of the principal;
• death of a representative;
• declaring a citizen incompetent;
• recognition of a citizen as missing.

IMPORTANT: Powers of attorney issued as a result of reassignment lose their validity along with the main document. It is necessary to notify the representative that the official document is no longer valid.

The fact is that if the representative could not know that the signed document had already lost its legal force, in a number of cases in court the judge recognizes what was executed by power of attorney even in the event of the death of the principal. Therefore, the task of the legal successors is the mandatory, immediate notification of all interested parties that the paper has lost its legal meaning and force.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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