What is a power of attorney from the owner for registration?
Power of attorney, as specified in Art. 185 of the Civil Code of the Russian Federation, gives a citizen the right to transfer his authority to sign in his place to another person whom he, the author of the power of attorney, completely trusts.
When registering at a new address of permanent residence, if the person personally in need of registration, due to various but important circumstances, is not able to personally attest to his presence in the authorized body, his legal representative can do this instead.
As you can see, you can register a person under this document, but with some reservations.
In addition to the power of attorney for registration from the owner of the living space, other documents will be required to register a person at the place of residence, a list of which you will find in a separate article.
What documents need to be attached?
The legal representative must have, in addition to written authority, the following papers:
- your passport;
- passport of the registered citizen;
- statement according to f. No. 6;
- documents for the apartment (confirming ownership, if the housing is privatized, or a social tenancy or rental agreement);
- consent of all adults registered in the area of this apartment, if the apartment is municipal;
- consent of the co-owners and their passports, if the ownership is private.
Sample form No. 6.
Sample of filling out an application according to form No. 6.
Owner's consent to registration.
With an experienced eye, the employee receiving the papers will determine the completeness, issue a receipt for the seizure of the original passport of the registered person, and send the representative home to wait for the verdict.
We talked about what documents may be required for registration in various situations here.
The legislative framework
Actually, registration at the residence address is regulated by such legislative acts.
- Law of the Russian Federation of June 25, 1993 N 5242-I “On the right of citizens...”.
- RF PP dated July 17, 1995 N 713, which approved the Registration Rules.
However, these legal documents do not mention the possibility of registration exclusively by the applicant personally, just as nothing is said about registration through a proxy, but the Civil Code of the Russian Federation, clause 1, art. 185 states that it is the power of attorney issued by one person to another that allows you to represent the interests of the principal before third parties, in the case of registration - before representatives of authorized bodies.
Invalidity status
The power of attorney becomes invalid in the following cases:
- upon expiration;
- as a result of the death of the principal or fiduciary;
- at the request of the principal.
The last paragraph indicates the fact that the principal has the right to cancel the document. To do this, you must submit a corresponding application to the notary office where the document was previously prepared. It is not necessary to indicate the reason for cancellation.
How is it compiled correctly?
Depending on the reason and location of the absent person, a power of attorney from the owner for registration can be issued in different ways.
It is important to know that in this case the power of attorney should not be general, but special, that is, targeted, drawn up specifically for registration at the next permanent address.
In what form should it be formatted?
The power of attorney must be in written form only , regardless of whether it is handwritten or printed. If the author of the document is in a hospital or sanatorium, then it is quite acceptable that the paper will be handwritten.
What points does it consist of?
The document must contain the following information:
- the point where the transfer of rights occurs, the date;
- Full name (with transcript) of the principal, address of residence, passport details;
- the same data regarding the authorized person;
- scope of powers;
- validity;
- signature of the principal.
All data must be entered accurately, without errors or distortions. Particular attention should be paid to the list of powers transferred to the legal representative; it would not be superfluous to list all operations, including obtaining the principal’s passport after completing the registration procedure.
It is unacceptable to omit and not indicate the date of the transaction for the transfer of rights: in paragraph 2 of Art. 186 of the Civil Code of the Russian Federation states that in this case the document will be invalid.
Who is involved in the writing?
The power of attorney can be issued:
- personally by the principal;
- secretary of a medical, sanatorium, educational, military or other institution;
- by the notary himself.
In small localities, such a document is drawn up by employees of the local executive authority.
Which person is it certified by?
The following may certify a document on the delegation of powers:
- the head of the institution where the person is being treated, studying, serving, serving a sentence, or is on a business trip;
- representative of the local administration;
- notary.
The one who certifies the authenticity of the signature of a citizen who needs registration without his presence is obliged to sign with his full name and indicate his position and put a stamp.
Validity
The maximum possible period for which a power of attorney is issued is three years. If the period is not specified in the document, then it is considered valid for a year from the date of signing. The power of attorney may terminate early in the following cases:
- Death of the owner or his representative, recognition of him as incompetent, partially capable or missing.
- Revocation of power of attorney by the owner.
- Refusal of the authorized person to perform the actions prescribed in the document.
When drawing up a power of attorney, pay special attention to the details: an incorrectly written provision can not only cause disagreements between the principal and his representative, but also become a basis for refusal of registration. In addition, the text of the document should be maximally focused on protecting the rights of the apartment owner and excluding possible fraud.
Features and nuances
When notarizing a power of attorney, it makes sense to take an application form according to f. from the passport officer in advance. No. 6 and fill it out by the principal himself, in this case the notary will certify the authenticity of his signature. In the part where the transferred powers are listed, the submission of an application for registration at the place of residence should also be indicated.
Although registration itself is a notification measure, in practice, employees of the Ministry of Internal Affairs often refuse the service to the legal representative, referring to Art. 150 of the Civil Code of the Russian Federation, which states that the right to choose a place of residence and other intangible rights are non-transferable.
In this case, this link is inappropriate. The fact is that the very expression of a desire to register indicates that the citizen has already made his choice independently, but circumstances do not allow him to personally realize this intention.
If FMS employees still refuse
In case of categorical refusal, you can try one of the options:
- get an appointment with the head of the MFC or FMS, explain the situation and ask for an exception;
- wait until circumstances change and the person can personally take part in accounting measures - in this case, you can get into trouble by paying a fine for late payment if you cannot prove the objectivity of the reasons (what fines are provided for lack of registration and its delay, we described in this material );
- register temporarily by submitting papers through the government services portal. For the finished result, you can already send a legal representative with a power of attorney for this very action (the website describes the possibility of such a course of events);
- try to call a FMS employee to the home of a bedridden patient, who will personally receive the passport of the person prescribed and his application with the original signature.
If you want to comply with the law regarding notification of a change of residence, you can find a way out that does not contradict the requirements of legislative acts.
Migration service employees are constantly faced with different life circumstances and will be able to tell you how best to proceed in a given case.
Can it lose legal force?
In paragraph 2 of Art. 186 of the Civil Code of the Russian Federation states that a power of attorney will not be considered valid if there is no date for its execution. If the power of attorney is drawn up correctly and the date is indicated, but the validity period is not specified, then after 1 year, counting from this date, the document loses its validity.
Sometimes, as a document confirming the presence of registration, citizens may need a certificate of registration at the place of residence in Form 8. Read about the differences between such a certificate and a certificate of registration in Form 9 in this article. In addition, on our website you will find information about the registration card - a special document containing information about the persons registered in the apartment.
Registration at a new address is just a notification to the authorized bodies, therefore, in order not to miss the deadline allocated for registration, if it is impossible to personally declare your intention to register at a new address, it makes sense to entrust this procedure to your legal representative.
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Paper preparation procedure
There are certain drafting and certification steps. If executed correctly, this document will have legal force.
Place
You can draw up a power of attorney in the form of a draft yourself, and then take the drafts to a notary, but this option does not exclude errors in the text. Therefore, in order to avoid wasting time, you need to contact a notary so that he or his assistant draw up a document and explain all the nuances of interest.
Documentation
The preparation procedure requires the availability of the following documents:
- passport of the person applying, that is, the owner;
- passport from a trusted citizen;
- title paper for residential space;
- an application written by the owner to provide a power of attorney for registration;
- If a man is registered, then a military ID is required.
The document verification process is carried out by a notary.
Registration
Certification is carried out by the head of the notary office, using a personal seal, as well as a signature. Only after this the power of attorney is considered legal.
It is important to remember that the power of attorney is drawn up on a special form with a unique number, which will later be entered into a special register by the specialist of the notary office who certified it.
Cost and amount of state duty
The cost of notary services will depend on the region of residence of the person using the power of attorney.
In Moscow and its regions it ranges from one and a half to two thousand rubles. There is no state fee for carrying out such a service, so you should only pay for the work done by the notary.
Risks associated with the execution of a general power of attorney
There is no separate type of power of attorney for deregistration, so a citizen can draw up a document in one of the following forms:
- one-time power of attorney - to perform one action: submitting an application to the passport office or MFC and receiving a document with a stamp;
- special power of attorney - issued to perform many similar actions, for example, performing the procedure for checking out of an apartment and subsequent registration;
- general power of attorney – gives the right to manage and dispose of the principal’s property: to submit, donate, and so on.
To register a person under a general power of attorney and sell an apartment, a fraudster does not need to come up with complex deception schemes or forge passports or documents. All this can be obtained quickly and legally by a trusted person.
A general power of attorney gives the right to dispose of property at its own discretion, without notifying the owner. The owner can only find out about the sale of his apartment when they come to evict him.
In order to protect yourself, it is advisable to avoid issuing a general power of attorney, and in the document to limit the rights/responsibilities of the attorney and the timing of their implementation.
