Representing the interests of a legal entity. General power of attorney to represent the interests of an individual

There is no uniform template approved by the state for filling out a power of attorney to represent the interests of a legal entity. Therefore, organizations have the right to independently develop the form of such a document or draw it up in free form. Large companies most often write powers of attorney on letterhead, but this is not a mandatory norm.

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To whom can a power of attorney be issued?

A legal entity can issue a power of attorney to both an individual and another legal entity. Most often, organizations prefer to entrust the representation of their interests to their employees: heads of departments, chief accountants, lawyers, etc. A power of attorney can be issued for one representative or for several.

It happens that enterprises include a line about the possibility of reassigning a power of attorney. In cases where this right is granted, the first power of attorney must be certified by a notary.

Types of power of attorney

A power of attorney can be of three types:

general (with the widest possible range of powers);
special (to carry out any instructions within a strictly defined period of time);
one-time (for one specific action).

This power of attorney can be presented to any institution: both commercial (banks and other structures) and government (courts, tax inspectorates, post offices, extra-budgetary funds, etc.).

Basic rules for filling out a power of attorney

There are no clearly developed rules for filling out a power of attorney. However, when preparing it, you should adhere to the basic rules recommended in office work when issuing documents of this kind. In particular, a power of attorney to represent the interests of a legal entity must necessarily include information about the principal and personal information about the authorized representative. It must contain a detailed list of instructions that the principal delegates to his representative; the validity period of the power of attorney and the signatures of both parties must also be indicated here. Moreover, the wider the terms of reference of the trustee, the more detailed information about the parties should be included in the document.

When presenting a power of attorney to some government agencies (for example, courts), as well as to perform certain actions (for example, obtaining documents from government bodies), the power of attorney must be certified by a notary.

You can write a power of attorney on an A4 sheet, either by hand or in printed form. In this case, all signatures, of course, must be done manually.

Formatting the main part of the document

In the “header” of the document the word “Power of Attorney” is written with a brief designation of the action for which it was issued. Here you need to enter the power of attorney number for internal document flow.
The line just below indicates the locality in which the document is drawn up, as well as the date it was completed (day, month (in words), year).
Next, you should enter the details of the legal entity that grants the interests: the full name of the enterprise (indicating its organizational and legal form), OGRN, INN, KPP (this information can be found in the registration documents of the enterprise), its legal and actual address.
Then you need to write the position of the employee on whose behalf this document is being drawn up (usually a director, general director of an organization or a person authorized to sign such papers), his last name, first name, patronymic (first name and patronymic can be indicated as initials), as well as the document , on the basis of which the principal acts (as a rule, this line is written “Based on the Charter” or “Regulations”).
After this, personal information regarding the representative is entered. This indicates his last name, first name, patronymic and identification document (name, series, number, when and by whom it was issued), place of permanent registration (according to the passport).
The following briefly indicates why the document was drawn up.
Below, the power of attorney contains a detailed description of the powers that the principal entrusts to his representative. The institution or enterprise for presentation at which the power of attorney will be valid is also indicated.

Duration of the power of attorney and signatures of the parties

At the conclusion of the document, the period for which the power of attorney was issued is indicated.

Here you can specify any period, but if there are no specific numbers, then the power of attorney will automatically be considered valid for a year from the date of issue.

Then the authorized person puts his signature under the document, which is certified by the head of the principal legal entity. The latter also signs the power of attorney and puts the seal of the organization (since 2016, legal entities are not required to use stamps and seals when working, however, many government and non-government organizations, as before, require an imprint on documents).

A power of attorney to represent interests is issued by both legal entities and individuals in cases where they personally cannot perform their functions and duties to counterparties. A power of attorney to represent interests can be one-time, special or general (general). A one-time power of attorney, as a rule, provides for the authorized person to perform a certain action once (for example, signing an agreement).

A special power of attorney is issued for the purpose of transferring powers to perform homogeneous actions aimed at achieving one legal result. A special power of attorney is most often drawn up when it is necessary to receive cargo, represent in court or obtain compulsory medical insurance policies.

A general power of attorney is issued when transferring powers to dispose of the principal’s property, including representing it before third parties and conducting business on his behalf. Most often, a general power of attorney is drawn up by the head of a branch or representative office.

There is no unified form of power of attorney for representation of interests. The exception is forms and powers of attorney for receiving inventory items. All other powers of attorney are drawn up in any form and must contain the following information:

information about the organization: name, tax identification number, legal address;
last name, first name, patronymic, passport details and residential address of the authorized person;
signature of the head of the legal entity or other authorized employee;
organization seal;
date of issue of the power of attorney;
if a document is issued for the right to receive or issue funds or other material assets on behalf of a legal entity based on state or municipal property, then it must contain the signature of the chief accountant.

If the principal is an individual, the document form must contain the following information:

last name, first name, patronymic, residential address of the principal and authorized representative;
signature of the principal;
date of issue of the power of attorney.

If a document is issued by a legal entity, notarization is not required. If the principal is a private person, the power of attorney must be certified by a notary. You can also draw up a document in a notary office to avoid legal errors. The execution of a power of attorney to represent interests is carried out in accordance with the provisions of the Civil Code of the Russian Federation, in particular Art. 185-189. As with a power of attorney to receive mail, the document must indicate its validity period. The power of attorney is valid for one year by default from the date of its issue, unless the principal has indicated otherwise. In general, the principal can delegate powers, having confirmed his intentions in the power of attorney, for a period of no more than three years.

Power of attorney to represent the interests of a legal entity in the tax authorities

We submit documents for an LLC: sample power of attorney to represent the interests of the organization.

To take any action on behalf of an LLC, you must power of attorney to represent the interests of a legal entity. A legal entity is an independent subject in civil and economic relations. Only its director can act directly on behalf of a legal entity. Even the owners of the company do not have the right to enter into transactions or represent the LLC in government bodies if they do not have a power of attorney to do so.

Until 2012, only an LLC employee could be a representative of a legal entity in civil and administrative relations. Now the legal act establishing this requirement has been abolished, so anyone can issue a power of attorney from a legal entity.

The scope of powers delegated to the representative may vary - from one transaction to an unlimited range of rights.

Types of powers of attorney

There are no classifications by type of power of attorney in the Civil Code of the Russian Federation, but depending on the scope of powers, in practice they are distinguished as follows:

One-time – allows you to perform one action or transaction.
Special – issued for an unlimited number of similar actions or transactions.
General – provides the right to represent the interests of the organization before any persons, bodies, or entities.

Requirement for a power of attorney from a legal entity

A power of attorney from a legal entity does not have an officially approved form, but this document must contain the following mandatory information:

Name of the document;
Registration number for internal document flow;
Date of issue (if it is not specified, the power of attorney is invalid);
Validity period (if not specified, the power of attorney will be valid for one year from the date of issue);
Full corporate name and organizational and legal form of the legal entity-principal;
Organization codes (OGRN, INN, KPP);
Full name of the head of the organization;
Detailed description of delegated powers;
Full name and full passport details of the representative (additionally, you can make a copy of the passport on the back of the power of attorney);
Representative signature sample;
Signature of the head of the organization.

Power of attorney form to represent the interests of a legal entity

Sample power of attorney to represent the interests of a legal entity at the tax office:

When a power of attorney must be certified by a notary

In general, a power of attorney from an LLC is certified only by the signature of the director, as well as a seal if it is used in document flow. However, there are situations in which Article 185.1 of the Civil Code of the Russian Federation obliges the document to be notarized:

Filing applications for rights and transactions requiring state registration;
Concluding transactions for which a notarized form of certification is established;
Disposal of rights registered in state registers.

Termination of power of attorney

The reasons why a power of attorney from an organization is terminated are specified in Article 188 of the Civil Code:

Expiration date, if specified, or one year from the date of issue;
Liquidation of the legal entity that issued the power of attorney;
Refusal of a representative from the powers assigned to him, as well as his death or loss of legal capacity.

Unfortunately, not all LLC owners know that powers of attorney issued by the previous director continue to be valid. The powers delegated to employees who later quit also remain in effect.

In order to avoid getting into a situation where representatives who are no longer related to the activities of the LLC act on behalf of a legal entity, it is necessary to conduct internal register of powers of attorney. The register reflects the date of issue and validity period of the document, information about the representative and the scope of powers delegated to him.

Revocation of power of attorney

To revoke a power of attorney, you must notify the representative in writing of the termination of authority and receive the issued document back. If the authorized representative for some reason refuses to do this, you must inform your counterparties about the revocation, and also give an advertisement in the Kommersant newspaper. In this case, third parties are considered to be notified of the termination of authority at the end of the month from the date of publication.

Now you know everything you need about a power of attorney to represent the interests of a legal entity. Subscribe to our newsletter so as not to miss other interesting articles for small businesses in the Russian Federation.

A power of attorney to grant interests is granted to one person by another for the purpose of carrying out certain actions instead of the person trusting him.

This type of document is used by both individuals and legal entities.

There are several types of powers of attorney, consistent with the timing and type of action that one person will represent another.

The type of power of attorney under consideration provides for the unilateral drawing up of a document.

In this case, an individual entrusts his own interests to another person to perform actions of a different nature as his own, that is, he trusts another person to make decisions for himself.

Powers of attorney have 2 forms from the point of view of the law: written and notarized. Some transactions and legal procedures require documents to be certified by a notary; other documents drawn up by ordinary citizens are equivalent to those signed by a notary. The maximum validity period of the paper is 3 years.

The power of attorney must indicate the date of preparation, otherwise it will not be considered valid.

Form of power of attorney to represent the interests of an individual

This type is one of the most primitive and does not require notarization.

The use of such a power of attorney extends to places of work, training, and treatment of a citizen.

It can also be used in litigation, or for making transactions.

The law does not regulate the need to certify powers of attorney of individuals in general, but there are several exceptional cases.

A citizen of the Russian Federation has the right to draw up and issue powers of attorney to other persons to grant the right to carry out transactions of any nature, within the limits of Russian law, on his own behalf. The preparation of a document is carried out for individuals in the same way as for legal entities.

When presenting a power of attorney to a third party, the third party has the right to demand from the authorized person documents confirming his identity. The form of preparation can be any: printed or handwritten, both options are valid from the point of view of law.

A power of attorney can be issued for one time, for one specific action, or for a specific period that must be reflected on paper. There is also a special type of power of attorney, which provides for the performance of the same type of action for a certain period.

After purchase, not only the owner of the vehicle, but also his representative can register a car. How to issue a power of attorney to register a car with the traffic police, read.

Special cases when a notarized power of attorney is required

A notarized power of attorney to represent the interests of an individual may be needed in some special cases.

Special cases include powers of attorney that entail the conclusion of transactions requiring any changes to documents: state registers.

Such transactions involve the purchase, sale or exchange of real estate. In fact, real estate is the only area of interest in which the law intervenes for settlement. In all other situations, individuals do not require a notary.

Validity period

In other cases, the individual must determine and write down in the document for how long the paper will be valid.

It is important to remember that a power of attorney without a date of execution will have no legal force at all and is considered invalid.

Form

There are no government forms for drawing up a power of attorney to represent the interests of an individual.

The document is drawn up by an individual in any form, but must contain several key points:

Name of the paper (indicate that this is a power of attorney for the provision of interests).
Place of creation of the power of attorney (city) and date of signing.
Personal details of an individual in expanded form (passport details, full name, place of residence).
Personal details of the authorized person (the same as for the individual drawing up the power of attorney).
The powers that the trustee receives with this document (detailed description of the actions that the trustee has the right to perform on behalf of the principal).
Duration of the power of attorney (specified if necessary).
Signature and its transcript from an individual.

Filling example

Executing a power of attorney to represent the interests of an individual is as follows:

“This power of attorney was issued to a citizen (full name) residing at: (address). Passport data: (series, number, by whom and when issued). He (gr.) is authorized to represent the interests of the individual’s full name, residential address, passport details.

In the state institutions, such as: banks, tax, credit organizations, law enforcement agencies, etc., conduct on behalf of (full name of the principal) any actions as a plaintiff, defendant, as well as a third party in courts and judicial authorities, and etc.”

The example of filling out and the text of a power of attorney to represent the interests of an individual is very approximate due to the arbitrary nature of the document. It is necessary to write down everything in detail so that the authorized person has everything necessary to carry out actions without obstacles from the law.

Price

The implementation of economic, property and other interests of citizens and enterprises can be carried out through representation. If an organization decides to issue written authority to conduct its affairs, it will be necessary to issue a power of attorney to represent the interests of the legal entity.

The general rules for issuing and executing a power of attorney are regulated by Art. 185 of the Civil Code of the Russian Federation. This document must be issued in writing and define an exhaustive list of powers that the trustee has the right to exercise.

Enterprises have the right to issue a power of attorney to the following entities:

For citizens who are not related to this company;
To your employees;
For other legal entities.

Pay attention! The authorized representative has the right to carry out all actions in the interests and on behalf of the enterprise. Any result that is achieved in the process of using a power of attorney will belong to the legal entity.

The decision to issue a power of attorney is made by the management bodies (usually the sole manager). To draw up this document, it is necessary to obtain the consent of the person who is given the right to represent the interests of the enterprise. At the same time, the authorized person may not participate in the preparation and certification of the power of attorney, since his signature in this form is not a mandatory attribute.

A sample power of attorney to represent the interests of a legal entity can be found on our website. It makes sense to familiarize yourself with the recommendations for drawing up this form, since in most cases it will have to be prepared without the participation of a notary.

The required elements of the content of the power of attorney include:

Full attributes of the legal entity and governing body acting on behalf of the enterprise;
Comprehensive information on the authorized representative;
Date and place of drawing up the form;
A detailed list of powers to be exercised under a power of attorney;
Signature and seal of the person who issued the document (if notarization is required, the full attributes of the notary are additionally indicated);
Validity period of the document;
The presence or absence of the right to subrogation.

The exercise of powers under a power of attorney is carried out free of charge, since by its nature this document does not relate to transactions. If a power of attorney is issued in the process of executing an order transaction, the amount of remuneration may be stipulated by the parties in the content of the agreement.

Pay attention! A written authorization may be revoked at any time without the consent of the trustee. In this case, the obligation to notify about the termination of the power of attorney lies with the person who issued it.

Do I need to get it certified by a notary?

Legal entities have sufficient legal capacity to independently draw up and certify powers of attorney. To do this, the contents of the document are certified by the seal and signature of the official who is granted such a right by the constituent documents.

However, the Civil Code provides for cases when notarization is required even for the power of attorney of organizations:

If actions are taken that require state registration of rights (for example, transactions with real estate);
If measures are envisaged aimed at disposing of rights recorded in state registers.

For notarization of a written authorization, the presence of the head of the enterprise, who is granted the right to issue a power of attorney to third parties, is required. The procedure for certifying a document by a notary involves making an entry in the register of the notary's office.

General

The general nature of a power of attorney provides for the exercise of any powers in the interests of a legal entity. According to the legal content, the following powers may be included in the text of such a document:

Representation in all institutions and organizations;
Submission and receipt of any types of documentation;
Signature on legally significant statements, complaints, appeals, etc.;
Other types of powers that do not contradict current legislation.

Pay attention! Various types of legal relations may require special mention of powers in the power of attorney so that they can be exercised by the trustee. For example, in a lawsuit, such powers would be the right to waive claims or receive money awarded by a court decision.

A general power of attorney has a second name – “general”, which properly reflects its essence. Having such a document, the trustee actually acquires the powers of the head of the legal entity. Since a general power of attorney authorizes absolutely all legally significant actions and decisions (including the disposal of real estate), it must be notarized.

In government agencies and tax authorities

To perform legally significant actions in government agencies and tax authorities, a written authorization with a limited list of powers may be issued. As a rule, such documents are issued for representation on the following issues:

Submission of official documentation (application for a license, submission of reports);
Current interaction when government and tax authorities carry out official procedures (conducting inspections, considering complaints and appeals, etc.);
Actions and decisions when applying for government services and obtaining their results.

Pay attention! The more detailed each power is formulated in the power of attorney form, the fewer grounds there will be for refusing to perform actions. Government and tax institutions use any formal error in this document to their advantage.

This type of document does not require notarization, except in cases where the role of a state institution is played by Rosreestr bodies authorized to register rights and real estate transactions.

At the traffic police

This category of power of attorney is one of the simplest legal structures, since to describe the actions performed it is enough to indicate the general nature of the powers. However, to carry out certain procedures and activities, it is advisable to indicate specific powers:

Registration of a vehicle purchased by an enterprise;
Registration and deregistration of vehicles;
Resolution of disputes involving employees of the organization.

This form does not require notarization; it is drawn up in simple written form and certified by the head of the company.

To court

One of the most common types of powers of attorney is a document giving the right to represent the interests of an enterprise in judicial institutions. Legal entities issue such powers of attorney to both full-time employees and third parties qualified in the courts.

Pay attention! In some judicial systems (for example, cases of administrative offenses), not every person can act as a representative, but professional defenders or officials of the enterprise.

In judicial powers of attorney it is necessary to separately stipulate special powers, among them:

The right to appeal a court decision;
The right to complete or partial withdrawal of the claim;
The right to conclude a settlement agreement, and many others.

Due to the universal nature of a judicial power of attorney, it can be submitted to a court case in the form of a certified copy, while the original will always be in the possession of the representative or principal. The execution of such a power of attorney can be done without the participation of a notary; the signature and seal of the head of the legal entity is sufficient.