If you are going to give someone a power of attorney, it is better to inquire in advance about the ways in which you can revoke it if the need arises. Depending on the type of power of attorney issued, the legal nuances of this procedure also depend.
How to cancel the granted right to act on your own behalf, while remaining within the law, protecting yourself from possible complications? More on this below.
How to cancel a power of attorney issued on behalf of an organization ?
In what cases are they recalled?
In Art. 188 of the Civil Code of the Russian Federation lists the grounds on which it is permitted to revoke a power of attorney from a representative:
- a citizen's refusal of authority;
- expiration of the document;
- cancellation of the order by the authorizing party;
- liquidation, reorganization of the legal entity that issued the order;
- death, recognition as incompetent or missing of the citizen to whom the order was issued or who issued the order;
- conducting bankruptcy proceedings against the principal and the authorized person, in which the person loses the right to issue documents.
The order is revoked before its expiration if:
- circumstances have changed and the principal intends to be present in the process or to collect and prepare documents;
- the representative has lost confidence for any reason.
The party that issued the document is not required to explain the reasons for its termination.
Special order
A power of attorney to drive a vehicle is required under the following circumstances:
- passing a technical inspection;
- registration or deregistration;
- returning the car from the impound area;
- crossing borders if the owner of the vehicle is absent.
The document must indicate technical aspects (engine numbers, chassis numbers, registration certificates), and also indicate all the powers vested in the authorized representative.
What powers of attorney cannot be revoked?
There are documents-orders that are issued to ensure the fulfillment of certain obligations. They are used in business activities and are registered by a notary. An indication of the impossibility of cancellation is contained in the text and is regulated by clause 2, art. 188.1 of the Civil Code of the Russian Federation. Such trust deeds are issued for an unlimited period. They indicate the circumstances after which the order ceases to be valid or is cancelled. It is allowed to revoke a document if:
- it is used to commit fraudulent activities;
- errors have been identified in it;
- the authorized party violates the terms of use.
Inheritance
It is impossible for the relatives of the deceased trustee to receive the car, since the owner issued a general power of attorney for the car to a specific person. In this case, the person who used the car did not have ownership rights.
The power of attorney is automatically revoked even if the recipient of the authority dies before the validity period of this document expires.
The heirs of the owner of the car have the right to this property due to the fact that the car was not sold. If the user did not manage to sell it before the death of the owner, it passes to the relatives of the deceased. The law in this case is on the side of the heirs.
How to revoke a certified power of attorney
The service “Checking powers of attorney by details” has been launched in the Unified Information System of the Federal Notary Chamber. Its work is regulated by FNP Letter No. 674/01-01-2. The parties to the document are both individuals and legal entities. The act of commission implies an unlimited amount of delegated powers to third parties to carry out transactions with the property of a legal entity and an individual.
IMPORTANT!
From 2021, a notarized document can only be canceled through a notary! If it was drawn up in free form, the principal himself decides how to formalize the cancellation: in free form or notarized.
Here are instructions on how to revoke a notarized power of attorney to represent interests:
- You must contact any notary in the Russian Federation with a copy of the revoked document.
- The trusting organization provides constituent documents, a certificate from the Unified State Register of Legal Entities and confirms the authority of the person preparing the review.
- It is necessary to fill out a standard application for cancellation, indicating the details of the act being canceled.
Actions of a notary:
- Accepts the application for cancellation.
- Makes a corresponding entry in the Unified Electronic Register of Powers of Attorney of the Unified Notary Information System (UIS).
One day after the entry is made, authorized persons and organizations are considered informed, and their powers are terminated. The stage of notifying all interested parties when canceling a document is no longer present in the procedure as mandatory.
Since the introduction of the register, all organizations and institutions registering transactions carry out the verification procedure:
- Enter the details of the submitted powers of attorney and the person who certified them.
- Receive information about the status of the document.
Guarantor and return of power of attorney
The refusal of the guarantor, notified of the cancellation of the power of attorney, to return it to the principal is a reason to contact law enforcement agencies: legally, this can be regarded as an attempt at fraud. You can first draw up an act of refusal to return the power of attorney and make a note on it about the guarantor’s refusal to sign it, if it follows. Signatures of witnesses to this action will be required.
What if the representative disappears? In cases where the representative avoids contact and his whereabouts are unknown, it would be legally correct to send a notice of revocation of the power of attorney to any of the addresses previously specified by him, making sure to keep the delivery notice. From the point of view of the law, it will be considered received.
FOR YOUR INFORMATION! Third parties are not obliged to verify the good faith of the guarantor and the validity of the power of attorney. All responsibility lies with the principal.
How to revoke an unauthorized power of attorney
Since 2021, 332-FZ dated 07/03/2017 has changed subclause 2 of clause 1 of Art. 188 of the Civil Code of the Russian Federation, which clarified whether it is possible to revoke a power of attorney from a notary if it is issued in simple written form. Now it's possible. The principal himself decides which of the two methods to choose:
- In free form.
- Through a notary. Follow the instructions on how to revoke a notarized power of attorney for an individual or organization.
It is easier to cancel an order that has not been notarized. Here are instructions on how to cancel in free form if the document was issued by an individual:
- A notice of document cancellation is drawn up in free form.
- The notification is delivered to the representative personally against his signature or by mail with notification.
- Third parties are notified in writing, with confirmation of notification.
- The trustee must return the deed of guarantee.
Instructions for revocation by a legal entity:
- The organization issues an order to cancel it and notifies the authorized party.
- The representative submits the power of attorney and registers this in a special journal.
- If it is impossible to notify the representative, the notification is published in the State Registration Bulletin or Kommersant. The document loses its legitimacy after a month from the date of publication.
Do you need a reason?
The power of attorney has such a name because it is designed for a certain amount of trust of both parties in each other. If an individual or company entrusts someone to act in its place for any authorized action, it has the right to terminate this opportunity at any time.
Question: Does an organization have the right to revoke an irrevocable power of attorney by sending a revocation that is not notarized? View answer
There can be many reasons for this, for example:
- loss of trust
- termination of contractual relations,
- termination of contract, etc.
But the principal is not obliged to voice them either to the notary or to his representative, since the granting of powers from the point of view of the law is a one-sided transaction.
How to cancel the power of attorney of the head of the branch ?
To terminate a power of attorney, the expressed will of the person who issued it is sufficient and the procedure is carried out completely according to the law - in accordance with Art. 188, 189 of the Civil Code of the Russian Federation.
REFERENCE! The procedure for revoking a power of attorney is enshrined in clause 10 of the Methodological Recommendations for Certifying Powers of Attorney, approved by the decision of the Federal Notary Chamber of July 7-08, 2003, Protocol No. 03/03.
When a document is revoked
The termination period for all types of agency documents is determined as follows:
- if the notice of cancellation (simple written and notarized) is sent by a notary, its validity period ends the next day after contacting the notary and posting the information in the register (clause 1 of Article 189 of the Civil Code of the Russian Federation as amended by Law No. 332-FZ);
- if the notice of cancellation in simple written form was sent to the trustee and third parties without notarization, by mail with notification, its validity period ends on the day of receipt;
- sub entrustment terminates in the event of cancellation of the main power of attorney (clause 3 of Article 188 of the Civil Code of the Russian Federation).
Results
Thus, the answer to the question: how to revoke a power of attorney is quite simple - you need to carry out one of the legally significant actions suggested above, and notify the attorney and interested third parties about the revocation of the document.
If you carry out the procedure in accordance with the recommendations given in the article, negative consequences caused by incorrect actions can be avoided. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to report that permissions are no longer valid
It is in the organization's best interest to communicate that the document is no longer valid to avoid problems in the future.
If the review is made in simple written form, the principal has the right to publish the information in any official publication in which information about bankruptcy is published. For example, in the newspapers “Kommersant” or “Bulletin of State Registration” (clause 1 of article 28 of Federal Law 127-FZ of October 26, 2002, part 2 of article 3 of 30-FZ of March 12, 2014 and Government Order 1049-r dated 07/21/2008). But to do this, the signature on the application for the revocation of authority will have to be notarized. One month from the date of publication, all third parties are considered notified.
If you follow the instructions on how to revoke a general power of attorney certified by a notary, you do not need to do anything additional. The notary himself will enter information into the special register of notarial actions of the Unified Notary Information System. Anyone can check the document and see that it is not valid. Access to the register is free and free.
Responsibility of the principal
Notification of all persons affected by the revoked power of attorney is a mandatory element of this procedure for the principal. If this condition is not met, unpleasant consequences are possible.
Sending notices of termination of the powers of the guarantor is, by law, the obligation of the principal, and not his right.
If the representative of the revoked license performs on behalf of the principal any actions for which he no longer has the right, and third parties have not received notification of this (in writing or through the media), then they will not bear any responsibility for all the consequences of the actions taken.
Everything that the guarantor does will be the personal responsibility of the principal who neglected his duties, including possible illegal actions, for which the person who issued the power of attorney will also have to answer.
In addition, if the principal violated the notification regime, and the guarantor. Without knowing anything about the revocation of the power of attorney, he performed some actions within the framework of the previously granted powers and at the same time incurred certain expenses, the principal is obliged to reimburse them in full.
Factors that contribute to the cancellation price
One of the factors that will determine the amount to cancel a power of attorney is the total number of persons and organizations that must be notified by registered mail. Another source of costs is the services of a notary office, if you apply there.
Reference . It is better to cancel the power of attorney in the same place where it was drawn up. If you ask the notary to notify all attorneys, the price of his services may increase, but you will not have to spend money on sending letters.
Features of the procedure
A general power of attorney is a document that gives powers to an attorney. In essence, the official owner of the property transfers his right to dispose and carry out legal transactions. Most often, a deed of trust is required to buy or sell a car. This method is an alternative to a purchase and sale agreement, however, under such a document, the parties will not pay state tax on the profit received.
The powers under a general power of attorney include not only the ability to repair a car, but also its maintenance or operation. In addition, the attorney has the right:
- perform registration actions - register the vehicle, enter new data into the PTS, change the license plate number, etc.;
- sell, give or lease a car;
- obtain and renew insurance;
- transport vehicles abroad, etc.
In some cases, the car owner needs to reduce the powers of the attorney in terms of the right to dispose of the vehicle. For this purpose, the law provides for a procedure for revoking a power of attorney. You can cancel a document at a notary. Only in this case will the revocation have legal force, and the rights of the attorney-in-fact will be legally terminated.
Why do you need to issue a power of attorney for a car?
A power of attorney helps vehicle owners avoid unpleasant situations arising through the fault of the representative. For example, if a trusted person is stopped for a traffic violation, a fine will be issued in his name.
But if the car is caught on camera, the car owner will receive a fine. If the owner is able to challenge the fine, the person who was driving will pay.
If a representative gets into an accident and causes damage or harm to the health of the participants in the accident, he will be held accountable before the law. If there is no document, it will be difficult for the owner to prove non-involvement; the trial could last for years.
Also, the principal will have to be responsible for the legal problems of the car purchased by the representative under a power of attorney. For example, if a car is mortgaged and the previous owner does not pay off the debt, the bank will take it away from the current owner. That is, it is not the authorized person who bought the problem car who will be held accountable before the law, but the principal. Therefore, it is important to check the car you are purchasing before the inspection.
Here's an example. Hyundai Santa Fe is for sale in “new vehicle” condition.
We check the car through the avtocod.ru service and see several legal problems at once.
The car is listed as collateral. At the time of verification, there are two agreements with the bank.
There are also three prohibitions on registration actions. Because of them, the authorized person will not transfer the car to the principal. The principal will have to solve problems with restrictions - challenge, terminate the contract or withdraw it independently by paying other people's debts.
Plus, since September 2021, there have been 32 unpaid fines worth almost 19 thousand rubles.
Because of them, bailiffs can again impose restrictions on the car.
When receiving a power of attorney, the driver also bears risks. Within 10 days from the date of transfer of the power of attorney, he must be issued an MTPL policy. If a motor vehicle license is not issued, fines for its absence (800 rubles) will be paid by a trusted person. The principal will also have to restore the car and compensate for damage in the event of an accident at his own expense.
Also read: Renewing a driver’s license in 2021: detailed instructions
