What should you pay attention to when registering a power of attorney with a notary? What nuances do you need to know?
We in no way want to slander our partner-competitors, but sometimes we really come across complete assholes, which cause not just trouble, but real problems. In this regard, we would like to tell you about all the nuances and little things that should be present on the power of attorney form. We hope this material will be useful to you.
In the Civil Code, namely in Art. 185 and 186 directly state that when a power of attorney is certified by a notary, it must contain mandatory fields, without which it is simply considered invalid. Below is a sample power of attorney, which we will break down in detail.
City and date of execution of the power of attorney
In our power of attorney, this item is designated as number 1. Part 1 of Article 186 of the Civil Code says in black and white that if there is no date for issuing the power of attorney, it will be considered invalid (just a piece of paper, not a document). If you have dealt with a notary's office more than once, you have seen that the date is written in words. Officially, the law does not say anything about this and would not be considered a particularly serious mistake, but in order to avoid forgery of documents, there is an unspoken rule among notaries - to write the date in words. This way, you will be sure that this part of the document will not be forged. The name of the locality where the power of attorney was executed and issued is also indicated.
How to issue a notarized power of attorney
Advice from lawyers:
1. I need to issue a notarized power of attorney to a lawyer. How to do it.
1.1. Write out a power of attorney from a notary.
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1.2. Contact a notary. The work schedule of on-duty notaries during self-isolation is posted on the official website of the Notary Chamber of the Republic of Belarus.
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2. Where and how you can draw up a power of attorney in Ukrainian and have it notarized.
2.1. Dear Elena, the power of attorney must be issued by a notary, if in Russian, then upon presentation in Ukraine, translate it there and have it certified by a Ukrainian notary. You are unlikely to find another option; even the seal will be in Russian, even if the text is translated and you will still have to re-certify it.
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3. How much does it cost to issue a notarized power of attorney?
3.1. Notaries charge 1,900 rubles for technical and legal work.
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3.2. Hello, it depends on the region, a lawsuit in the Primorsky Territory costs 2,400 rubles. In Khabarovsk I think about the same.
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4. A disabled husband and his wife bought a house. since he is a disabled person of the second group, the house was registered in his name; when registering the child, this was refused due to the fact that the MFC requires an agreement that the father must write an agreement for registration, although the wife has a notarized general power of attorney for all actions, including including the registration of the child, whether the action of the MFC employee in refusing registration was legal, she did not even look at the power of attorney.
4.1. What is the difficulty in writing your husband’s consent for registration?
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5. I need to register my mother in the apartment. The apartment is in joint ownership. Should each owner give written permission if a notarized power of attorney is issued for me?
5.1. An application for registration of the mother is required from each owner. A power of attorney will not work.
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5.2. The consent of the second owner is required. And the power of attorney was given to you by your mother, as I understand it. She delegates her powers to you, and this does not concern the second owner. Either his written consent or his presence is required.
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6. Is it possible to issue a notarized power of attorney using a military ID or a foreign passport?
6.1. A foreign passport is not an internal document; according to the military, it is, in principle, possible, because it identifies the person, but in practice the notary may refuse and demand a passport.
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7. Son in Kyiv, my wife there, my name, a notary case was opened about the inheritance of the late dad. Could I issue a power of attorney for my son in Rostov so that he could handle the inheritance on my behalf? So, at the moment, due to quarantine, I cannot travel to Kyiv. And what is needed for this, of course, besides a trip to Rostov or another city in Russia. Thanks for the answer.
7.1. Of course, it is possible by power of attorney, specifically stipulating these powers and powers for state registration.
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7.2. Hello, Anatoly. You can issue a power of attorney from a notary in the Russian Federation, the contents in accordance with the legislation of Ukraine. Send the power of attorney by mail to Ukraine; a notarized translation into Ukrainian may be required. language.
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7.3. Yes, of course you can.
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8. The apartment is still under mortgage. Can the borrower draw up a notarized power of attorney for 3 l, so that after the withdrawal of the apartment from the mortgage, 3 l can draw up a deed of gift for himself (example: a husband is a borrower, draws up a notarized power of attorney for his wife, so that after repaying the loan, she can register his part of the property for herself according to gift agreement)
8.1. She will not be able to register it for herself, since she will be a representative and will not be able to register it for herself.
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9. My wife is in the hospital for the 3rd month after a stroke, we want to register disability, we need a notarized power of attorney on her behalf to register disability, she does not walk, does not speak.
9.1. Contact a notary. If she refuses, she will have to be taken for examination on a stretcher.
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9.2. A power of attorney is not required to register a disability. And you don’t need to be taken anywhere on a stretcher. If necessary, all doctors will come to her themselves. Contact MSEC, state the situation, and they will advise you.
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10. My aunt, who is disabled from group 2 with mental illness, lives with me. To obtain legal representation, is it necessary to declare her legally incompetent through the court? Or is her notarized power of attorney sufficient?
10.1. If the aunt understands the significance of her actions and can direct them, then a notarized power of attorney is sufficient.
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10.2. If the notary certifies the power of attorney, then this can be done, otherwise the person can be declared incompetent and guardianship established.
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11. Sale of an apartment by proxy. Hello. The apartment is registered in the name of the mother, there is a power of attorney for the sale, as well as a notarized consent from the spouse. The husband died this year, so it turns out that his consent is revoked. The power of attorney from the mother remains. Question: does such a power of attorney from the owner continue to have legal force (is the validity period still valid?)
11.1. Your mother's power of attorney does not depend on the consent of your spouse; it is an independent transaction.
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11.2. Good afternoon. In fact, with the death of the principal, the power of attorney terminates, and not otherwise.
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12. We have a plot for private household plots in shared ownership - two legal holders. Is it possible for the first copyright holder to issue a notarized power of attorney to another person without the participation of the second copyright holder?
12.1. Hello. Maybe.
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13. I am not in Russia, can I issue a notarized power of attorney with the right to restore a SIM card without my presence?
13.1. You can make an apostille indicating your authority.
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14. The owners leave to live in another city. They want to issue a power of attorney to rent out their apartments without their presence. Is it possible to indicate three apartment addresses at once in one notarized power of attorney?
14.1. Good evening Yes, you can specify all objects.
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14.2. Yes, this is exactly what needs to be done, why waste money on three powers of attorney.
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14.3. Hello. List all objects.
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15. Good day! I am outside the Russian Federation. You need to issue a power of attorney to receive a bank card and code from the state portal. services. Does this power of attorney need to be notarized? 9
15.1. Hello. Needs reassurance.
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16. Can my daughter issue a notarized power of attorney for me at a distance (in another city) and then send it to me by registered mail so that I can register the apartment directly in her name upon purchase? If not, then for whom should the daughter issue a power of attorney? It would be possible to make a deed of gift, but my daughter is not registered in my name, and this is an additional expense. The daughter is not married. In my case. What will be cheaper and easier: immediately registering it for your daughter when buying an apartment, donation or will? Thanks in advance.
16.1. Let him draw up a power of attorney for a third party with a sub-authority in your name, and get everything done. This could be another relative, or a lawyer.
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17. My name is Irina. Our family wants to buy a house. The seller writes that the house and land are not registered, there is only one heiress and he gives a notarized power of attorney for independent registration. Is it possible to legally purchase a house and land under such conditions?
17.1. The right of ownership of real estate arises from the moment of state registration. registration. Before such registration, she has no right to enter into transactions with the object.
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17.2. Hello, Natalia. Such a transaction is not possible because First, she needs to accept the inheritance (you can do this by proxy). But you will no longer be able to re-register the house and land in your name (Article 182. ... 3. A representative cannot make transactions on behalf of the represented person in relation to himself personally, as well as in relation to another person whose representative he is at the same time, except in cases provided for by law . )
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18. How to register a plot of land in SNT, registered in the name of the grandfather. My father, my grandfather’s son, did not register it in his name, having a notarized power of attorney for the plot. Both died.
18.1. You can register a plot of land in your name by inheriting Article 1153-1154 of the Civil Code of the Russian Federation, provided that the land was at one time owned by the grandfather, Article 209 of the Civil Code of the Russian Federation.
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18.2. Hello! Did you accept your father's inheritance? If not, then you need to go to the court at the location of the land plot with claims for recognition of the fact that your father accepted the inheritance in the form of a plot for your grandfather, for recognition of the fact that you accepted the inheritance for your father, and for recognition of the right of ownership of the inherited property. All this, of course, is possible if you prove that, in accordance with Art. 1153 of the Civil Code of the Russian Federation, your father, and later you, committed one of the following actions: took possession or management of inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties.
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18.3. If the grandfather had the right of ownership, and then the father actually accepted the inheritance and there is evidence, then the right of ownership of the land can be recognized in court.
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19. D.D! Tell me, is it possible while in medical care? institution and not being able to personally visit a notary, issue a notarized power of attorney for a citizen. Husband, with the purpose of visiting the registry office to obtain a VA certificate about the birth of a child without the presence of the mother (me)?
19.1. No, it won’t work just in person.
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20. The car is registered in the name of my stepfather. When issuing a notarized power of attorney for sale in my name, will I need an original PTS (this document and the owner are located in different regions) and my personal presence during registration? Thanks for the answer!
20.1. Your personal presence is not required.
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20.2. You can, without documents for a car with the right to dispose of property, the owner at his location issues you a notarized power of attorney using a copy of your passport, or simply send the details, this is enough for the notary, and then he will give or forward the power of attorney to you!
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I live in Tula. My husband died, my son and I were left alone, registered in a social security apartment.
My husband is selling his garage. He gives me a power of attorney so that I can complete the transaction. In this case, do I need to notarize my consent to sell?
I am an individual entrepreneur and the owner of an online store! I have a question? Can I issue a notarized power of attorney to manage the entire company for a minor?
The dogs ate my common-law husband's passport. He's Cuban. Can he issue a notarized power of attorney for me?
An 81-year-old man is bedridden. He hasn’t spoken, moved or opened his eyes for a week now.
I bought a car, MTPL was registered in my name, but my husband drives for now (he is registered in MTPL as a driver)
We want to buy a dacha in SNT, the seller has an old state deed for the land,
If a person has a notarized power of attorney to dispose of cards, codes, social benefits from another person.
A person is flying in a hospital. How can I issue a notarized power of attorney to receive money from a bank?
My elderly mother has a residence permit, she broke her leg and cannot walk, can I issue a notarized power of attorney using her type and my passport?
A relative inherited a car, notarized the documents in his name, but did not make changes to the title at the State Traffic Safety Inspectorate.
Information about the principal and representative
Next, look at point number 2. Personal information about the principal and representative is indicated there. The passport details of both parties (if these are individuals) are entered: series, number, who issued it, when it was issued. Sometimes they may also enter the place and date of birth. No less rare is the situation when the principal is a company, and the trustee is an individual. In this case, the following information about the company is entered - INN, KPP, OGRN, as well as the legal and actual address of the organization. In other words, the maximum data of both parties must be entered in this paragraph.
Procedure for entering into inheritance by power of attorney
If the recipient enters into an inheritance by law, then the heir’s representative needs to contact the notary at the place of residence of the deceased subject (Article 1153 of the Civil Code of the Russian Federation). When inheriting by will, you must contact the notary who keeps the document.
You will also need a basic package of documents and an original power of attorney. 6 months to submit papers . The terms begin to be calculated from the date of death of the testator.
The inheritance procedure can be divided into several stages:
- Preparation of documents.
- Submitting an application to a notary.
- Carrying out property valuation.
- Paying the state fee and obtaining a certificate.
- Registration of property rights.
If the applicant misses the deadline for entering into inheritance (Article 1155 of the Civil Code of the Russian Federation) or a dispute arises between the heirs, then such issues will be considered by the court. Any interested person can file a claim. The general limitation period is 3 years .
If the heir missed the deadline for filing papers, then the application must be submitted within 6 months . The countdown begins from the moment the reason for absence ends. For example, after returning home from a foreign business trip.
Inheritance procedure
If there is a power of attorney, the interests of the heir are represented by a trusted person. His responsibilities include collecting the necessary documents for the notary. Naturally, the heir must assist the representative in every possible way.
After all, most of the papers are usually kept by the relatives of the testator. If the heir’s relatives doubt the citizen’s powers, they can check the power of attorney on the website of the Federal Notary Chamber.
The representative must contact a notary office. The notary will check the submitted documents and verify the authority of the representative.
After explaining the rights/responsibilities, the notary will invite the representative to submit an application for acceptance of the inheritance. An inheritance case is opened solely at the request of the heir or his representative.
The next stage is an expert assessment of the identified property. A report from specialists is required to calculate the state duty.
Important! Without an assessment and payment of the fee, the notary will not issue a certificate of inheritance.
It is not required in exceptional cases. For example, if a cash deposit in a bank is subject to inheritance.
After six months, the representative needs to visit the notary again. At this stage, the number of applicants is determined, the shares of heirs are calculated, the amount of tax is calculated, and a certificate is issued.
After receiving the main document, all that remains is to register ownership. The choice of government agency depends on the type of property that the principal inherited.
Important! If the heir authorized the representative only to obtain a certificate, then he will have to register the rights independently.
Statement
The basic document when registering an inheritance is an application. The law does not provide for a special form of the document. Each notary has his own sample.
Application details:
- Name of the notary office.
- Recipient information.
- Representative information.
- Details of the power of attorney.
- An indication of the degree of relationship between the heir and the deceased citizen.
- Display the method of inheritance (law/will).
- The heir's request.
- Date of submission of documents.
- Applicant's signature.
Sample application for acceptance of inheritance
Documentation
Some documents must be attached to the application.
These include:
- Applicant's identity card.
- Power of attorney for registration of inheritance.
- Death certificate of an individual.
- Certificate of the last place of registration of the deceased owner.
- Original order (if available).
- Evidence of the relationship between the heir and the testator (in case of inheritance by law).
- Documents for identified inheritance.
- Report on the value of the inheritance or an extract from Rosreestr.
- Receipt of payment of the duty.
The identity of the representative is established by the notary when submitting the application. Therefore, the authorized person needs to have a passport of a citizen of the Russian Federation with him.
Expenses
The costs of registering an inheritance are borne by the applicant for the property (Article 333.24 of the Tax Code of the Russian Federation). However, a representative can pay for the appraiser’s services or state fees. The main expense item is state duty.
It is calculated as follows:
- 0.3% for close relatives of the owner . They pay significantly less than other heirs. The legislator not only reduced the base rate, but also limited the maximum tax amount. It should not exceed 100,000 rubles. This amount of payment applies to children, parents, spouses, brothers and sisters of the deceased citizen.
- 0.6% for other recipients . This group of heirs includes all other applicants (individuals and legal entities). The maximum amount of duty is set at RUB 1,000,000.
Separately, the heirs pay for the services of the appraiser. The cost of services of a specialized specialist depends on the type of property.
The apartment's valuation is about 3 thousand rubles. Whereas a certificate from the BTI will cost the applicant from 300 to 600 rubles. A similar document from Rosreestr on the cadastral value of real estate is issued for 350 rubles.
To evaluate a vehicle you will need from 2 to 5 thousand rubles. Several factors are taken into account here - whether the car is a car or a truck, whether the car is used for commercial purposes, and the condition of the vehicle.
Notary services are paid separately from the state fee. To specify the costs of a notary when entering into an inheritance, you must use the service of the Federal Notary Chamber. The amount of payment directly depends on the region of circulation.
The final stage is the registration of property rights to an apartment (Federal Law No. 218 of 2020) or a car. Here the heir will also have to spend money. Registration of a property costs individuals 2,000 rubles.
If the heir is entitled to a share in the common property of an apartment building, then the state duty is 200 rubles.
Deadlines
Heirs of the first stage are given 6 months to assume rights. A similar rule applies to applicants for property in the order of presentation.
If the trustee acts on behalf of the second-order heir, then the papers are submitted 6 months after the death of the testator. Missing deadlines can lead to loss of inheritance or protracted legal proceedings.
Important! Shifting deadlines is permitted in special cases. For example, if the heir accepted the property after the fact. Therefore, the application can be submitted after the deadline. The only condition is the presence of indisputable evidence of acceptance of the inheritance.
Representative powers
Let's move on to point No. 3. In this section we move away from general formulations and vague concepts. It is necessary to clearly indicate the powers of the trustee, what he can do on your behalf and what he cannot do. For example, in our sample power of attorney, the principal allowed the trustee to act on his behalf in many structures in matters related to technical work. That is, he can work with all documents related to this issue.
In other words, you can prescribe in the power of attorney a whole list of specific actions and narrow the scope of the work of the trustee, or in writing allow him to perform a number of actions in a specific area.
For example, the trustee was given the right to do any legal thing with the trustor's car. What can a trustee do? He can sell it, rent it out, deregister it, etc. This is very risky if you do not completely trust the person in question. Therefore, it would not be a bad idea to allow him to only rent out a car. I hope the idea is clear to you.
What documents are needed to formalize a notarized power of attorney?
Now let's move on to specific cases, which, in addition to the above-mentioned copies, may require the provision of other official samples. First, let's analyze what types of power of attorney are provided for by law. Thus, in regulatory legal acts there are two forms:
- simple;
- notarial
The simple form is characterized by the fact that in order to transfer a certain type of authority it is necessary to draw up a special document and put the principal’s signature on it, which will directly become the main mark. No additional registration with any bodies or authorities at the regulatory level is provided for this category of powers of attorney.
As a conclusion, we can say that the mere existence of the document and its signing by the principal himself, as a person authorizing certain actions, will be sufficient. Accordingly, the main document for writing such a power of attorney will be a passport. If the information secured during the transfer of rights and obligations requires other copies, they can also be used in each specific situation.
Also, there is a specific moment when the power of attorney comes into force, that is, the possibility of its direct use arises. Legal significance is acquired immediately at the moment of signing the power of attorney. That is, after putting down the appropriate mark, it is already possible to use the relations of representation, which are enshrined in the content, as an opportunity to fulfill certain rights and obligations.
The second form is notarial. It is more complex in nature compared to the simple version. In addition to the fact that the power of attorney needs to be drawn up and signed, it is also mandatory to have it certified by a notary. Employees of notary bodies have special functions of making appropriate marks on powers of attorney, which give the document legal force and make it possible to use it in the future.
As for the moment of acquiring the official form, if in the previous case we talked about the day of signing, then here this fact will not be enough. The moment from which the power of attorney will be valid is specified by the legislator as the day the notary affixes the mark.
Regarding the issue of documentation, two stages of the process can be noted - preparation and certification. At the first stage, as we said above, basic and general documents – passports – will be mandatory. Also, if we are talking about specific actions that have a certain paper confirmation, then this also needs to be indicated.
What should you have with you when contacting a notary? Two documents will be required here - a passport and the power of attorney itself. The first is necessary in order to truly confirm the fact that you are you. The notary must make sure that the document is provided by the citizen who directly transfers certain powers to another person.
Also, you need to have a ready-made power of attorney. It must contain a special column for the place of affixing the final inscription of the notary employee. It is also worth noting that the notary can draw up a power of attorney together with you. That is, he provides services not only for signing and providing legal force, but can also directly create a document with those points that are necessary in a particular case. Here you should be prepared to pay several times more, since such a service is expensive.
Also, in addition to the passport and the power of attorney itself, other documents may be useful. Here everything directly depends on what exactly is written down, what rights and responsibilities are transferred as a result of such legal relations.
Duration of power of attorney, change of powers of representative
Let's move on to point number 4. Here you can see the “validity period of the power of attorney.” If we go back to paragraph 1 of Article 186 of the Civil Code, we can find there that in the absence of specific expiration dates for the power of attorney, its action is considered legal for one year. If necessary, you can write down in words the validity period of the power of attorney at the very end.
Article 187 of the Civil Code contains a clause that is related to transfer of trust. In this case, the trustee has the right to transfer his rights to a third party. Let's look at it with an example. A power of attorney was issued to a lawyer to perform certain actions. At the same time, it was indicated about the transfer of powers to a third party. So. For example, he will be able to instruct his assistant through a separate power of attorney issued on his own behalf. But the term of the second power of attorney should not exceed the period of validity of the first. That is, if the first one is issued for one year, then the second one should not exceed this period. Also, if necessary, the lawyer will be able to perform all the necessary actions himself, and not just entrust them to his assistant.
If you need to issue a power of attorney with the right of substitution, then such a power of attorney must be certified by a notary.
Drawing up a power of attorney: its form and mandatory clauses
In order to consolidate the list of documentation that will be necessary to transfer a number of rights and obligations, first of all, you need to pay attention to what the power of attorney itself contains. The set of samples that are presented to one or another body or used in the preparation of the document itself directly depends on its information component.
Let's briefly analyze the power of attorney. Regardless of what kind of relationship the document establishes and in what area it is applied, you must adhere to the mandatory points. So, first of all, the name is indicated. The next line on the left contains a note about the city in which it was issued, as well as the date it was compiled and signed by the principal. As a rule, it is recommended to put the last mark in words, and not in numbers, so that if the actions are performed by an unscrupulous principal, the latter cannot correct the date to one that will be more beneficial to him.
The main part contains information about the actions that the authorized person has the right to perform on behalf of the one who issues the corresponding document and direct data about the participants in this type of legal relationship themselves. First of all, it is necessary to note who exactly transfers part of their rights and obligations. Indicate the name without any abbreviations in the initials, information about the date and place of birth.
You also need to enter your passport information. Today, the legislator includes the number and series of the document that identifies the person, as well as the date and place of its issue. Accordingly, the first element that will be necessary when drawing up a power of attorney is the passport of the person issuing it. At the same time, its presence is mandatory both in the process of drawing up a power of attorney and at the stage of its certification by authorized bodies. Similar data must be entered in relation to the person in whose name the power of attorney is issued.
Another mandatory mark is the principal’s place of residence. It is necessary to clearly indicate where exactly the citizen is registered. There are cases when the actual residential address differs from the one indicated in the passport. In this case, exactly the place that is fixed in the document that identifies the person is noted.
An important component of the main part is information about exactly what actions are transferred to the authorized person from the principal. The entire set of rights and obligations, in most cases, is written alternately separated by commas. But quite often you can find numbered options. At the legal level, there is no difference between them; the point here is how it will be more convenient for a person to register the actions of a trustee.
It is worth remembering that the more precisely it is indicated what is allowed to be done on behalf of the principal, the fewer problems may arise in the future. Therefore, experts in this field recommend a fairly clear and limited description of all the rights and responsibilities that are transferred to another citizen. Anything that is not included in this list is prohibited and cannot be performed by a trusted person.
Quite often another option is used. Thus, in specific situations there is a direct reference to normative legal acts. At the same time, a certain area of life is indicated and all the opportunities that the principal has on this particular issue are transferred to another citizen. The most common example is the representation of interests in the bodies of Themis. It is quite difficult to list all the variations in behavior, so there is a direct reference to legislation.
One of the most important points that cannot be forgotten is the validity period of the power of attorney. This kind of document must have a note indicating during what period the citizen will represent the interests of others. Regulatory legal acts provide for two options for securing relevant information - indicating the exact number or referring to a specific event. In the first case, we write down a specific date in numbers. In the second, there is a designation of external factors that influence the effect of the document.
In the event that we are talking about a power of attorney, which is subsequently registered with a notary employee, the document must contain a special place for such an employee to make the appropriate marks. Also, the signature of the citizen who issued the document is mandatory.
As you can see, from the general picture of drawing up a power of attorney, it follows that the passports of the principal and the authorized person will be required. It is on their basis that one of the main parts of the information block is formed. An example of this can be seen in our special sample:
Sample power of attorney for representation in court
