General power of attorney to represent the interests of an individual: validity period, how to issue it, sample 2021

A executed general power of attorney means the transfer of the largest possible amount of powers to another person.

Of course, it is more expedient to formalize some powers as separate instructions - a power of attorney to sign documents, to the tax office, to receive a pension, mail, or rent an apartment. A power of attorney for the departure of a child is always specially drawn up.

General powers of attorney include powers to manage property and represent interests in all bodies and organizations.

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General power of attorney

What is a general power of attorney for all powers?

By issuing an official order to an authorized person, the principal conveys to him the maximum possible actions that are performed on his behalf. The authorized person can carry out orders and operations that are specified in the text of the agreement. The authority of the attorney is established by the action of the document, while he is obliged to take into account the interests of the principal and not violate his rights in terms of representation of interests before authorities, courts and other third parties. Despite the wide possibilities of the certifying document, the trustor cannot transfer a number of powers to the attorney, and this is indicated in the current edition of the Civil Code of the Russian Federation. In accordance with Article 53, key evidence other than a notary has the right to be certified by other persons, including:

• the head or other authorized person of the medical organization where treatment is being carried out, for example, a senior citizen;
• commander or other person having equal competence in military units, garrisons where the military personnel serve, including military service;
• head of the institution of the penitentiary system for persons imprisoned by a court decision.

At its core, the execution of a general power of attorney provides for the transfer of a number of competencies to an individual to carry out responsible assignments and instructions, where, for subjective or objective reasons, the trustor cannot be present or perform tasks.

Termination of the document and its consequences

The legal consequences of revoking a power of attorney occur the moment the attorney learns of the accomplished fact. Therefore, it is in the interests of the principal to notify the authorized person of his decision as soon as possible. In Art. 189m of the Civil Code of the Russian Federation spells out the legal consequences of termination of the competence of a trust document:

• mandatory notification of the attorney about the termination of the validity of the trust document - it is not necessary to notify the reasons;
• mandatory notification of those persons and organizations for whose representation the trust document was issued;
• if the document was executed by a notary, a mandatory visit to the notary’s office in order to enter the cancellation into the register;
• the attorney is obliged to return the power of attorney immediately after learning of the revocation;
• powers previously transferred under the document are terminated.

If a sub-power of attorney was issued on the basis of the primary trust document, it immediately ceases to be valid after the cancellation of the primary power of attorney.

If third parties have not previously been notified of the cancellation of the notarized power of attorney, they are considered to be “automatically” notified on the next day after the calendar date on which the information was entered into the register. It is recommended to check the eligibility of the document in advance before exercising the delegated authority. But you can only check the validity of the notarized trust document. The check can be carried out through the official website of the FNR https://www.reestr-dover.ru/.

The principal has the right to decide to revoke the power of attorney at any time. Even if the “body” indicates the period of eligibility, the principal may not wait for the expiration date. There is no need to explain the reasons for cancellation.

The attorney cannot exercise the powers previously assigned to him from the moment he learns about the cancellation of the trust document or from the moment he should have learned about this fact.

When necessary

A general power of attorney to represent the interests of an individual will be needed in a number of life situations when the principal cannot, for subjective reasons, be present when signing documents or performing actions. For example, if your relative has left Russia for permanent or temporary residence, he has the right to issue a key certificate for you. By transferring authority to an authorized citizen, the principal gives the right to perform a number of actions on his behalf:

• register property transactions, including with land plots and housing facilities (apartments, private houses, communal apartments);
• represent the legal interests of the trustor in courts, ranging from the lowest to the Supreme or Constitutional Court of the Russian Federation;
• manage money in financial and credit institutions;
• other steps not prohibited by Russian legislation.

In general, there is a general interpretation of the use of a general power of attorney, where all the powers of the principal will be exercised on his behalf by an authorized citizen in front of third parties.

What does it allow?

The range of actions under the core instruction of an individual provides for the performance of a number of operations where the principal transfers his full powers, but at the same time the principal is aware of the legality of his own operations on behalf of his guarantor.

1. The authorized person has the right to dispose of funds that are in the bank's current account and belong to the owner of the key document. The certificate may indicate which operations in banking procedures can be performed by the authorized person.
2. The trustor can transfer the full right to drive his vehicle to an individual, as well as represent his interests in the traffic police.
3. An attorney has the right to enter into transactions under a contract for the sale and purchase of a property (land, real estate).
4. On behalf of the principal, an individual has the right to represent all interests in government agencies, executive authorities, and courts of all levels.

Attention! The principal determines what rights the attorney has, and these points are necessarily recorded in the order. Breach of trust provides for criminal and administrative liability for the person to whom powers are transferred on the basis of a general order.

What can't be done

Although a general power of attorney from an individual allows broad powers of representation before third parties, there are a number of provisions that are strictly prohibited from being included in the order. It is prohibited for the principal to act on behalf of the principal in the following cases.

1. It is prohibited to sign employment documents, as well as other agreements related to labor legislation.
2. You cannot sign marriage documents, including a contract, on behalf of the principal.
3. It is strictly prohibited to carry out registration actions to conclude a marriage union, register children in the registry office and other actions related to the interests of a minor citizen (except for cases where the law allows on behalf of a minor to carry out a number of tasks at the age of 14 to 18 years).
4. The drawing up of a power of attorney by the trustor regarding the execution of wills by the representative is not valid. The same requirement also applies to incapacitated principals.

It is also prohibited to carry out adoption of children and other steps related to guardianship and trusteeship by proxy.

Important! The correct execution of the key document can be clarified by a notary, who will tell you in relation to which transactions his representative cannot represent the interests of the principal.

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 and to compensate for the material damage incurred;
• 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.

How to compose correctly

To understand how a general power of attorney is drawn up, you need to take into account the fact that lawyers and notaries do not always meet the principal and attorney halfway, since there are a number of disagreements regarding representation interests in the legislation of the Russian Federation. It is recommended to make an order only if there are objective and subjective reasons for this, where the trustor, due to some circumstances, cannot independently perform the tasks.

Very often, the principal wants to expand the competence of his representative, but a notarized document finally records information about the capabilities of the representative. The power of attorney must contain information that the parties to the transaction understand the essence of the information presented and each of them bears personal responsibility when concluding a claim.

When issuing a directive for a person, the notary informs and confirms in writing the following:

• each of the parties to the transaction received an explanation of the consequences, while everyone was familiar with Article 185 of the Civil Code of Russia;
• the notary makes sure that the parties to the transaction are legally capable persons;
• the notary confirms the information that documents for registration of a general power of attorney are submitted by adult citizens;
• the preparation of the form for the transfer of authorized powers complies with the law, there are no erasures or corrections, all parties read the contents of the agreement aloud.

Attention! If the notary or authorized person who issues the key certificate doubts the legal capacity of an individual, they have the right to request medical confirmation of their legal capacity from each of the parties.

Who needs to attend

When formalizing the general order for the transfer of powers on behalf of the principal, including in terms of managing his property by power of attorney, the following must be present:

• an individual who transfers powers to another party;
• an authorized person who will execute the order;
• notary or other authorized party.

The presence of witnesses is allowed to confirm the legal capacity of the parties to the agreement. The mandatory presence of witnesses is determined by the parties at their own discretion.

Important! It is allowed to issue a strategic order without the presence of an attorney and witnesses. In this case, the trustor is aware of his steps, and the notary can draw up the document without restrictions.

Design structure

In 2021, the FNP Board developed a structure for drawing up a certificate of title for individuals and legal entities.

1. Full name of the document.
2. City, other place and date of execution of the agreement. The text is indicated in words only.
3. Details of the individual who will be the principal. In this case, the data required is as specified in the main identity document. In a situation where a citizen plans to transfer powers to carry out transactions with property rights, the directive indicates his SNILS.
4. Full details of the trustee, which are drawn up in analogy with the trustee, including in terms of data on SNILS.
5. List of competencies. This section is prohibited from specifying generalized authorizations for a representative. It is necessary to detail and systematize the data to determine specific tasks for the representative. For example, if competencies are transferred to a bank. In addition to the name of the credit institution, you need to indicate the current account numbers and what responsibilities are assigned to the representative. The procedure for dealing with other interests of the principal is determined in the same way.
6. Signatures of the parties.

Attention! It is allowed to issue a power of attorney unilaterally by the grantor without the presence of his attorney. However, if the notary considers that it is necessary to confirm the legal capacity of an individual, it may be necessary to provide a certificate from a medical institution.

What documents will you need?

When a general power of attorney is issued for individuals, you need to provide a number of documents:

• passport of an individual of the principal;
• original or passport of the authorized party;
• SNILS, if information on property law transactions is indicated;
• additional documents for the transfer of powers, for example, agreements with the bank;
• other background information necessary to confirm the transfer of competencies to the other party.

Sometimes you may need marriage registration documents, permission from the guardianship and trusteeship authorities, an extract from the Unified State Register of Real Estate, etc.

Validity periods

Starting from September 1, 2018, a general rule applies that provides for fixing the validity period of a general power of attorney. This normative act is confirmed by the entry into force of Federal Law-51. The order must contain the initial date of validity of the power of attorney, and the date is indicated in numbers and in words. The duration of the power of attorney is determined by the parties independently. However, there are a number of design features.

1. If a start date is specified but no specific expiration date is specified, the default order is 1 year.
2. The recommended period for the directive to remain in force may be limited to 1-3 years (optional).
3. The maximum term is set by the parties themselves, the recommended 5 years (optional).

The parties may indicate in the power of attorney that the general power of attorney will be unlimited.

Contents of the document

The content of the power of attorney depends on its type. But, as a rule, the document contains these details:

• Date of issue of the document. From this time the validity period of the document is counted.
• Information about the principal. Full name, date of birth, passport details.
• Representative information. Full name and passport details.
• The powers vested in the representative.
• Representative signature sample.
• Validity period of the document.
• Signature of the principal.

Sometimes the document indicates the possibility of reassignment. Involves the transfer of powers from one representative to another.

Is it possible to revoke a power of attorney?

In 2021, a rule came into force stipulating that a general power of attorney can be revoked at the request of the principal. An important condition will be a visit to the notary, where the trustor asks in writing to cancel the certificate. According to Article 189 of the Civil Code of Russia, the principal must notify the attorney in writing of the cancellation of the agreement. Within 3 days, the attorney is obliged to return the general agreement to the notary.

What to do before completing your purchase

First of all, you need to check the owner of the car through a special service. It is possible that enforcement proceedings have been initiated against him, which could lead to restrictions from the traffic police.

There may be a situation in which the bailiffs sent documents to seize the car to the traffic police, but at the time of the transaction the traffic police did not have time to receive these documents or enter data on restrictions into the database. The new owner buys a legally clean car, and the next day the vehicle has restrictions. Until the old owner pays off the debts, the new owner will not be able to register the car with the traffic police.

From the report on the car owner, you will find out whether he has problems with the law, whether his passport is valid, whether there are debts and enforcement proceedings. View an example report

If the check does not find any serious problems, ask the seller for a general power of attorney, certified by a notary, and check three main points:

• date and term of the power of attorney;
• prescribed powers: to deregister and register with the traffic police, to obtain compulsory motor liability insurance;
• indication of all details of the car and participants in the transaction without errors.

Important! Protect yourself from scammers. Before you buy a car, check it using the Autocode online service. Thanks to this, you can find out the full history of the car: PTS data, actual mileage, presence of traffic police restrictions, compulsory motor insurance data, customs history, history of fines and much more. The cost of one report is 349 rubles. The check takes place from more than 12 sources: traffic police, EAISTO, RSA, Federal Tax Service, Federal Customs Service, taxi registry, banks, etc.

If you are a professional car seller, use the “Autocode Pro” unlimited car check service. “Autocode Pro” allows you to quickly check a large number of cars, add comments to reports, create your own lists of liquid vehicles, quickly compare options and store data about cars in an orderly form. A subscription to unlimited car checks costs 2,500 rubles per month.

The owner must also provide the principal with:

• all documents for the car: PTS, registration tool;
• two sets of keys: main and spare;
• technical card for the car or inspection certificate.

Important! After purchase, you should issue or buy a compulsory motor liability insurance policy within 10 days.

Also read: Everything about insuring a used car after purchase

But! Don’t rush to buy a policy; you can use the previous owner’s insurance.

• If the owner’s car license is registered for an unlimited number of drivers, then the principal can drive on it until its expiration date.
• If drivers are included in the policy, then you can add a principal to an existing policy with an insurance company or broker.
• In addition, you can add a clause to the power of attorney granting the right to make changes to the existing policy. Then the authorized person will be able to contact the insurance company and add his name to the list of persons admitted to management.

It is worth noting that if an accident occurs, the insurance payment will be received by the owner of the car or an authorized person with the right to receive it from the insurance company.

And remember that without a motor vehicle license issued in your name, you do not have the right to drive a car.

How is it different from a simple power of attorney?

The form of a simple power of attorney differs from the general content in terms of powers. As a rule, a general agreement has an expanded list of powers for the physical party, while its simple form most often generalizes the actions of the principal. Most often, a simple form is used for one-time orders, and it can be issued for certain life situations. A simple order may have a limited period, for example, 15 days or to perform 1 critical operation within a specified period.

For real estate with the right to sell it

Execution of this kind of power of attorney involves the transfer from the principal to the authorized person of the exclusive right to dispose of property. Only bequests and donations are prohibited. The sale of property by a trustee remains possible.

When signing such a deed, the principal risks a lot, so it should only be drawn up by a qualified lawyer. In particular, a specialist will help to set up restrictive clauses that can protect the property owner. For example, for the use of funds received as a result of the sale of real estate.

The text of such a power of attorney must indicate its validity period - it is established by mutual agreement of the parties.

It is important to keep in mind the regulations introduced by Art. 185.1 of the Civil Code. According to it, any notarized power of attorney for extended powers in relation to real estate (including its sale) requires mandatory registration with Rosreestr.

Requirements for registration

A notarized document for the execution of a general power of attorney will have priority force of law over other permitting documents and orders. Lawyers recommend that when transferring powers to an individual party, indicate the following:

• We limit steps in detail even for the most significant transactions, for example, for receiving funds (you can specify a limit on the amount for withdrawal);
• We indicate a complete ban on transferring responsibilities to third and fourth parties.

This will help avoid fatal mistakes on the part of all parties to the transaction.

What actions can you take?

On behalf of a legal entity, an attorney can perform the following actions:

• represent interests in credit institutions, government, regulatory and supervisory authorities;
• resolve issues related to property owned by the company on the basis of legal property rights;
• receiving and sending inventory items;
• receiving funds, processing transfers to other accounts of your organization or to the account of another legal entity.

Depending on the powers being transferred, the power of attorney can be issued in simple written form or certified by a notary. Trust documents that transfer powers are subject to mandatory certification by a notary:

• for transactions that are initially subject to notarization.
• to carry out transactions that are initially subject to mandatory state registration by law. For example, a real estate lease agreement valid for more than one calendar year must be registered with Rosreestr. Consequently, the document on the transfer of authority to sign such an agreement must be certified by a notary.
• to carry out transactions to dispose of rights. For example, a trustee who has a power of attorney can sign an agreement for the transfer of property rights to real estate.

Documents for the transfer of powers are also subject to mandatory notarization:

• for maintaining cadastral registration of real estate, paperwork, for registering real estate with the cadastral register;
• to represent interests in courts of any jurisdiction and jurisdiction;
• representing the interests of a legal entity in interaction with tax authorities.

How much does a notary cost?

There is no single cost tariff for a general power of attorney from an individual, however, there are a number of parameters that are used by notary offices.

1. The price of a power of attorney for relatives will be lower than for other persons.
2. An additional fee is charged for each sheet of power of attorney, and the cost depends on filling out information on an area of ​​at least 1/3 of the sheet.
3. If there are several attorneys available, the price is indicated for each one separately.
4. It is possible to call a notary to your home, but the cost of the service will be higher by an average of 500 rubles.
5. For disabled people with category 1 or 2, a discount of 50% is provided.

In Russia, the average cost of a general order is 1.5 thousand rubles.

Table

Sample and form download

There is no single sample general power of attorney for all powers. However, there are recommendations for filling out the template in a typical manner, in compliance with the principle of drawing up orders. When drawing up a general order, it is important to indicate the basic details of the document:

• full name of the document;
• date, place of production of the order, information is indicated in words;
• details of the parties to the transaction, you must indicate all the data required for the agreement on the physical parties to the certificate;
• a detailed explanation of the legal obligations of the authorized party (it is necessary to systematize the instructions);
• signatures of the parties;
• liability information.

The sample for issuing a general certificate is of a recommendatory nature.

From an individual

A citizen has the right to fill in the data according to the sample, as recommended by the Resolution of the Board of the Federal Tax Service of Russia of 2021.
The header and details must correspond to the data specified in the personal information of the individual. The date and place of execution of the order is indicated in words. The powers must be detailed, otherwise the notary may refuse to draw up a power of attorney form. Files for downloading
– Sample of a General Power of Attorney from an individual – General Power of Attorney from an individual – form – General Power of Attorney for all powers from an individual – form

From a legal entity

The preparation of a general power of attorney from an organization requires, in addition to entering the data of the physical representative, information according to the Charter of the enterprise. Here you will need to indicate the personal data of the founders, as well as the heads of the organization. The right to manage under a general power of attorney can be granted to the general (executive) director or chief accountant.

Downloads

– General power of attorney to represent the interests of a legal entity

From the General Director

If the charter of the enterprise does not prohibit the exercise of representative functions on behalf of the general director, he has the right to issue an order to his subordinates. It must be taken into account that powers under a general power of attorney on behalf of the manager can be transferred within the framework of the Charter of the enterprise, where business owners must indicate such steps for a hired employee represented by a director. If the Charter of the enterprise does not provide for such actions, a general power of attorney cannot be issued to the director.

Downloads

– Sample general power of attorney for all powers on behalf of the company

Definition of general type

Let's give a clear definition. A general power of attorney is a document that is executed by both individuals and legal entities; transferring to the trustee the legal right to dispose of the property and documentation of the trustee.

Before you issue a general power of attorney, you need to decide that this is an urgent document. The maximum period of its legal validity is 3 years. It is important to know that only adult and legally capable citizens in the Russian Federation can draw up a power of attorney transferring all their powers to another person.