Typically, a power of attorney to receive documents is required in cases where the principal, for some reason, cannot independently pick up the papers he needs. This document is presented to almost any institution - both government (tax inspectorates, passport offices, extra-budgetary funds, etc.) and commercial structures (banks, financial institutions, enterprises and organizations). You can issue a power of attorney to receive almost any document, be it certificates, personal papers, registration certificates, etc. Such a power of attorney can be issued by both an individual and a legal entity.
Examples of powers of attorney to receive documents:
- from an individual - from a legal entity - from a notary - from bailiffs - from the MFC - from the Social Insurance Fund
A “hot” example of a power of attorney to receive documents from the tax office, as well as a blank general form, is presented below:
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What is a power of attorney
A power of attorney is a document with which you can authorize someone to perform legally significant actions.
A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties.
Article 185 of the Civil Code of the Russian Federation
The one who issues the power of attorney is the principal or the principal. They can be a fully capable individual or a legally capable legal entity (several persons).
On behalf of young children, a power of attorney is drawn up by parents (legal representatives). Teenagers from 14 to 18 years old can draw up a power of attorney themselves, but within the limits of the competencies vested in them at that age.
The person to whom it is issued is a trustee or representative. This can be any adult, capable citizen(s), as well as an officially registered company(s).
The issuance of a power of attorney is a one-sided transaction. The consent of the representative is not required to carry it out. But he may not accept the power of attorney and refuse it at any time.
The actions of a representative are always actions on behalf of the principal, but in relation to third parties. He cannot make a transaction in his favor or in favor of his other principals.
Duration of power of attorney
When drawing up a power of attorney, the most important detail is the date.
A power of attorney that does not indicate the date of its execution is void.
Article 186 of the Civil Code of the Russian Federation
Without a date, it is impossible to calculate the validity period of a power of attorney. Previously, a power of attorney could be issued for a maximum of three years. This restriction has now been lifted.
If the text does not indicate the validity period of the power of attorney, then by default it remains valid for a year (Article 186 of the Civil Code of the Russian Federation).
○ Cost of notary services.
Notaries charge a fee for drawing up a power of attorney. It includes the tariff for the type of notarial act, as well as the cost of legal and technical work.
According to the law on notaries dated February 11, 1993 No. 4462-1, 200 rubles are charged for certifying a power of attorney. The cost of legal and technical work is set by notary chambers. It is recommended to clarify this information when choosing a notary.
So, in Moscow you need to pay 200 rubles. for issuing a power of attorney and from 1,200 rubles. up to 1,800 rub. for additional services.
General rules for drawing up powers of attorney
A power of attorney is always a written document. For some, unified forms have even been developed. For example, for a power of attorney to receive material assets. In other cases, the power of attorney is simply written by hand or printed on a computer.
There are three required details.
- Date of preparation. As already noted, without it it is impossible to establish the validity period of the power of attorney. It can be indicated in the text by number or, as notaries do, in words.
- Information about the principal and representative. If a power of attorney is made between individuals, this information is usually limited to full name, dates of birth and passport details. But the absence or incompleteness of the latter is not grounds for invalidity of the power of attorney.
- Signature of the principal. A power of attorney is void without the signature of the person who issued it. If a person, due to a physical disability or illiteracy, cannot sign himself, they resort to the services of a hand-appler. For legal entities, a seal is also required.
Additional information that can be specified in the power of attorney:
- Place of compilation.
- The period for which it is issued.
- Powers of the representative.
Although it is not necessary to disclose in detail the powers of the representative, it is highly desirable. This can save you from litigation in the future. Especially if you delegate manipulations with your property to someone.
Do not hesitate to describe in detail the subject of the transaction (area, cadastral number, address, etc.) and give the representative specific instructions (for example, sell the apartment for an amount not lower than such and such).
You can also go the opposite way and limit the representative to a set of transactions that he can make (for example, any except for a pledge), or set a limit on the transaction amount (for example, if the contract exceeds a million rubles, the representative will not be able to conclude it by proxy).
What are powers of attorney?
Depending on the scope of the representative’s powers, lawyers distinguish three types of powers of attorney.
- One-time. Issued to perform one specific action. For example, for the sale of land.
- Special. Issued to perform a number of similar actions within a certain time. An example is a power of attorney to represent interests in court.
- General (general). Issued for performing various actions, including the acquisition or alienation of property and signing documents. Such powers of attorney, for example, are received from the company by the heads of its branches.
Who can become a trustee
The principal can choose any citizen of the Russian Federation who has reached the age of majority as a representative.
Organizations, as a rule, entrust such actions to their employees - secretaries, personnel officers or accounting department specialists, depending on which documents the power of attorney is issued for. A power of attorney can be issued to one representative or to several at once. In addition, a power of attorney can be one-time in nature or valid for a certain period.
Sometimes organizations include a line about the possibility of reassigning a power of attorney. If such a right is granted to an authorized person, then the initial power of attorney must be certified by a notary.
Power of attorney
Powers of attorney are also divided into simple written and notarized. By law, powers of attorney for transactions requiring a notarial form and state registration must be notarized (Article 185.1 of the Civil Code of the Russian Federation). For example:
- Contract for the purchase and sale of real estate.
- Mortgage agreement.
- Pledge agreement.
- Marriage contract.
- Agreement on payment of alimony and so on.
If the transaction does not require the intervention of a notary, then powers can be transferred using a regular power of attorney, written by hand. Therefore, if, for example, you are required to provide a notarized power of attorney so that your grandmother can pick up your child from kindergarten, this is illegal.
There are also categories of powers of attorney that are equivalent to notarial ones. For example, issued to the military and certified by the leadership of the military unit. A complete list of such powers of attorney is specified in Article 185.1 of the Civil Code of the Russian Federation.
You can easily find a sample power of attorney of any type on the Internet. There are even designers of powers of attorney.
Let's consider the features of compiling the most typical ones.
○ Advice from a lawyer:
✔ In what cases is it considered invalid?
The power of attorney is considered invalid in the following cases:
- The date of its compilation is not indicated.
- The notarial form has not been complied with, if required.
- Does not comply with legal requirements.
- Issued for appearance only (imaginary transaction).
- Registered by an incapacitated person.
- Committed to cover up another transaction (sham transaction).
- Issued by a person under the age of majority.
- Done under the influence of delusion or under compulsion.
If one of the listed circumstances is established, the representative’s actions will be considered illegitimate. They will not entail the imposition of obligations on the represented person. Actions performed under an invalid power of attorney can be challenged in court.
How to issue a power of attorney for a child
This power of attorney (or rather, consent to travel) will be needed if you plan to send your children to the sea with their grandparents.
Formally, such a document is required only in case of a trip abroad.
If a minor citizen of the Russian Federation leaves the Russian Federation unaccompanied by parents, adoptive parents, guardians or trustees, he must have with him, in addition to his passport, a notarized consent of the named persons for the departure of the minor citizen of the Russian Federation, indicating the period of departure and the state (states) ) which he intends to visit.
Article 20 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”
But in practice, such permission is often requested on trains and airports, even when traveling around Russia.
The power of attorney for traveling with a child must indicate the names and passport details of the parents and accompanying persons, as well as the full name and date of birth of the minor and the number of his identity document (birth certificate or passport). You can write where and for how long the child is going. Well, don’t forget about two other mandatory details: the date of execution of the power of attorney and the signature of the principal.
Document form
Such powers of attorney are drawn up in a free style. But at the same time, do not forget to adhere to the rules for drawing up documents of this kind. The current version of the form is available for download on our website. This form cannot be called mandatory, but it is quite convenient. Here are the fundamentally important points that need to be filled in with relevant information. With such a form, you can be sure that the power of attorney will be recognized as valid.
In what cases may it be necessary
We can say that such a power of attorney is used in all cases when the employer performs some actions with the documents of foreign citizens. It is also necessary to understand that the director himself is unlikely to stand in long lines at the migration service office. Most likely, he will entrust these powers to one of his employees. Naturally, for this you will need to issue a power of attorney. Without it, no organization will begin working with documents of foreign citizens.
Disputes often arise about how long such powers of attorney should be kept at the enterprise. Since this document was issued by the director, it must be stored in the archive on a permanent basis. However, information about the power of attorney is recorded in a special accounting journal. Accordingly, there is simply no need for permanent storage of such a document, because information about it can always be found in the registration journal. Thus, companies keep this power of attorney for five years.
How to issue a power of attorney for a car
Powers of attorney to drive a car were abolished in 2012. Now the driver simply signs up for insurance. And traffic police officers should not require other documents certifying the right to use the vehicle.
This is true when it comes purely to driving a car. But there are cases when you cannot do without a power of attorney.
Without a power of attorney, you cannot pick up a car from the impound lot, get a duplicate license plate, deregister it, issue compulsory motor liability insurance and undergo a technical inspection.
In addition, to travel abroad, you need a notarized power of attorney with a direct indication that the representative can leave the Russian Federation in this car.
When drawing up a power of attorney for a car, in addition to the usual details, it is recommended to indicate the make and model of the car, its year of manufacture, identification number, and PTS data.
How to issue a power of attorney to a bank
It is impossible to carry out many banking transactions without the signature of the client or his authorized representative. But this does not mean that in order to entrust your banking affairs to someone, you need to go to a notary.
The law allows you to issue a power of attorney to carry out banking transactions directly at a branch of a credit institution. To do this, you need to come to your bank with your passport and ask for a form to draw up a power of attorney (as a rule, each bank has its own form of this document).
In addition to the required details, it is recommended that the text of the power of attorney indicate exactly what operations the representative can perform. For example, replenish a deposit, use a safe deposit box, or make transactions on an account in an amount not exceeding 100,000 rubles.
Written authorization for a representative of a citizen to receive his deposit in a bank, to deposit funds into his deposit account, to carry out transactions on his bank account, including receiving funds from his bank account, as well as to receive correspondence addressed to him in a communications organization may be presented directly to the bank or telecommunications organization.
Part 3 of Article 185 of the Civil Code of the Russian Federation
According to this norm, the same rules apply to postal correspondence. Read more about how to issue a power of attorney for Russian Post here.
Results
Thus, if your company needs to receive and send correspondence by mail, and the manager does not want or cannot do this, you will need a power of attorney.
It’s easy to complete – just go to the “Documents and Forms” section at the beginning of the article, where all the necessary powers are already written down, enter information about the organization and its head and sign the document. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
How to issue a power of attorney to receive a pension
Article 185.1 of the Civil Code of the Russian Federation states: “A power of attorney to receive a salary or other payments resulting from an employment relationship (pensions, bonuses, royalties) can be certified by the head of the institution where the person works.”
In other words, if you officially work in an organization and are planning to leave somewhere, you can approach management and ask to certify a power of attorney to receive a salary or pension.
Everything is a little more complicated when we are talking about the so-called non-working pensioners and incapacitated people receiving a social pension.
In the first case, according to the norms of the Civil Code and Federal Law No. 173 “On Labor Pensions in the Russian Federation,” the power of attorney will have to be notarized. In the second, the power of attorney is issued through the local branch of the Pension Fund.
Housing and communal organizations, post offices and banks cannot certify powers of attorney for receiving pensions.
A power of attorney to receive a pension can only be endorsed in a medical, social or correctional institution if the person is permanently staying there.
Who can you trust to receive your salary?
If it is impossible to receive wages, a self-employed citizen can issue a power of attorney to another person.
You can only grant such authority to a legally capable person whom you trust. This person could be, for example, a relative, friend or colleague. It is also possible to issue a power of attorney with the right of substitution, however, we do not recommend issuing such a document in case of receiving a salary.
The person to whom the power of attorney was issued to receive wages is responsible for the funds received until they are transferred to the principal.
