Personal power of attorney. Drawing up personal documents (resume, autobiography, statements, power of attorney, receipt). Correct filling of the power of attorney to receive the goods
Power of attorney is a personal document that contains an instruction to someone certain actions: getting wages, documents, goods, mail, the right to sign documents and more. The power of attorney grants the person specified in it specific rights and obligations, for example, the right to a car, to conclude transactions on behalf and in the interests of the author, the obligation to conclude these transactions within the powers specified in the power of attorney, not to abuse the powers, not to conclude transactions on behalf of the author of the document in personal interests.
- Title of the document;
- personal data of the principal (who grants the rights and obligations - surname, name, patronymic, position as necessary, residence address, passport data);
- personal data of the authorized person (to whom the rights and obligations are granted - surname, name, patronymic, position, address of residence, passport data, if necessary);
- the text of the document;
- Date of preparation;
- the signature of the principal;
- certification mark (if necessary).
A power of attorney to represent interests is a document that provides for the transfer of powers to a confidant to take any action. It can be issued by both an individual and a legal entity. Issuing a power of attorney to represent interests There is no special form of power of attorney to represent interests. This document is being drafted in ...
A power of attorney to represent interests in court is a document that authorizes the attorney to represent the interests of the principal in the judiciary: arbitration courts, arbitration courts, general jurisdiction, from the justices of the peace. The client can be a natural person (citizen) or individual entrepreneur and a legal entity (organization). The representative in the court may ...
A power of attorney to the Pension Fund of the Russian Federation is a document that authorizes the attorney to represent the interests of the enterprise in the Pension Fund: to receive documents, submit reports, etc. How to write a power of attorney in the FIU There is no standard form for this document. When drawing up a power of attorney in Pension Fund use simple writing. The text of this document should ...
A power of attorney in the FSS is a document that authorizes the attorney to represent the interests of the organization in the Fund social insurance: submit reports, transfer or receive documents, pay insurance premiums etc. Power of attorney form to the FSS A power of attorney to the Social Insurance Fund is drawn up in a simple written form. The text of the document must indicate ...
A power of attorney to the tax office is a document that authorizes the authorized person to represent interests in tax authorities: transfer, pick up any Required documents, as well as perform other actions related to this order. How to write a power of attorney for the tax authority A power of attorney for the tax authority is drawn up in a simple written form. The form of this document contains ...
Power of attorney to receive medical policy is a document that authorizes the authorized person to represent the insured person before the insurance medical organization... This document is drawn up in the case when a person is unable to contact insurance company on one's own. How to write a power of attorney for obtaining a medical policy Power of attorney for ...
A power of attorney to a bank is a document that gives authority to an authorized person to perform various banking operations. This document can be drawn up by an individual or a legal entity and provide the right to: open, close current, deposit deposits; managing funds on accounts (transferring funds, replenishing accounts, receiving cash ...
A power of attorney to receive a parcel is a document that authorizes the authorized person to receive postal items on behalf of the principal. This document is drawn up in the case when the addressee, for valid reasons, cannot pick up the parcels on his own. To receive a parcel by proxy, the recipient can choose one of the most suitable options for him: ...
A power of attorney to receive a pension is a document that authorizes an authorized person to receive a pension on behalf of the principal (pensioner). As a rule, the issuance of a power of attorney for receiving a pension is carried out due to the state of health of the pensioner or in connection with his departure to another city or country. How to issue a power of attorney to receive a pension Power of attorney form ...
Power of attorney to receive Money- This is a document that is issued by an individual or an organization and contains the granting of the right to receive money on behalf of the principal (the one who issues the power of attorney). The form of a power of attorney for receiving money is arbitrary. The power of attorney to receive funds is like a power of attorney to receive wages and ...
A power of attorney for a car is a document that grants the right to drive a vehicle. How to write a power of attorney for the right to drive a car The power of attorney for driving a car is arbitrary. The vehicle power of attorney form contains the following information: Title of the document; place of compilation; data of the principal (who ...
A power of attorney to receive cargo is a document that is issued by an individual or an organization and contains the granting of the right to receive cargo in freight forwarding companies on behalf of the author of the document. In addition to the right to receive cargo and accompanying documents from the sender, it also gives the right to issue invoices for cargo, delivery of cargo and ...
A power of attorney to receive documents is a document that is issued by an individual or an organization and contains the granting of the right to receive documents, their submission and signature on behalf of the principal (the one who issues the power of attorney). The power of attorney form for receiving documents contains the following information: name of the document; place, date of compilation; data...
A power of attorney for receiving wages is a document issued by an individual and contains an order to receive a wage. The power of attorney for receiving salaries contains the name of the document, the full details of the principal, the authorized person (to whom the rights and obligations are granted), the order itself, the date, the signature of the principal and a mark of certification, if necessary ...
The power of attorney is legally binding if the signature of the principal is certified by a notary.
POWER OF ATTORNEY
Rostov-on-Don, the tenth of March two thousand
I, Antonova Maria Nikolaevna, living in Bataysk, st. Pushkinskaya, 32, I trust Demchenko Ivan Petrovich, who lives in Rostov-on-Don, st. Gorky 140, apt. 1, to receive at the cash desk of the Rostselmash plant the salary due to me for October, November, December one thousand ninety-nine.
Sign for me and complete all actions related to this order.
M. N. Antonova
The concept of oratory
The term "oratory" is of ancient origin. Its synonym is the Greek word "rhetoric" and the Russian "eloquence".
Rhetoric is oratory.
Eloquence is the ability, the ability to speak beautifully. The oratory is understood as a high degree of mastery of public speaking, skillful mastery of a living word, the art of constructing a public speech in order to provide the desired impact on the audience.
What caused the emergence of oratory?
The objective basis for the emergence of oratory was the urgent need for public discussion and the solution of issues of public importance. To substantiate this or that point of view, to prove the correctness of the ideas and provisions put forward, to defend one's position, one had to be proficient in the art of words, be able to convince listeners and influence their choice.
History shows that the most important condition for the emergence and development of oratory, free exchange of opinions on vital issues, the driving force of progressive ideas, critical thought are democratic forms of government, active participation of citizens in the political life of the country. It is no coincidence that oratory is called the "spiritual brainchild of democracy" of Ancient Greece.
A good example is the political structure of the city-state of Athens. In the middle of the 5th century. BC. Athens became the largest economic, political and cultural center of ancient Greece.
The system of slave-owning democracy was established here. Three main institutions were of great importance: the assembly of the people, the council of five hundred, and the court.
The main role belonged to the people's assembly, which legally possessed complete supreme power. Every 10 days, Athenian citizens gathered in the square of their city and discussed important state affairs. Only the national assembly could decide to declare war and conclude peace, to elect high-ranking officials, and to issue laws. All other state bodies were subordinate to the People's Assembly.
Naturally, with such a free democratic system in Athens, citizens often had to speak before the courts or the popular assembly. And in order to successfully conduct a case in court or successfully speak in a national assembly, one had to be able to speak well and convincingly, defend one's position, refute the opinion of an opponent, i.e. mastery of public speaking and the ability to argue was the first necessity.
Athens, with its democratic disputes in squares, in courts and in public assemblies, in a short time nominated the greatest thinkers, scientists, poets, created immortal works of art.
As the researchers emphasize, the oratory develops most actively during critical epochs in the life of society. It helps to rally people around a common cause, convincing, inspiring and guiding them. Proof of this is the flourishing of eloquence in the era of the Renaissance, in the period of social revolutions, when millions of working people are involved in the social movement.
Throughout the centuries-old history of its development, oratory has been used in different areas life of society: spiritual, ideological, socio-political. It has always found the widest application in political activity.
The famous orators of ancient Greece were major political figures. For example, Pericles, who ruled Athens for 15 years. They said about Pericles that "a tower of conviction rested on his lips", that "he shot arrows - lightning bolts into the souls of his listeners." According to researchers, the highest internal prosperity of Greece coincides with the era of Pericles.
Demosthenes, the most remarkable orator of ancient Greece, was also a prominent politician. For 30 years, with anger and amazing stubbornness, he made speeches against the Macedonian king Philip, the main enemy of Athens, urging citizens to end all strife among themselves and unite against Macedonia. The speeches of Demosthenes made a great impression on the listeners. It is said that when the speech of Demosthenes was delivered to Philip, he said that if he had listened to this speech himself, he would probably have voted for the war against himself.
Oratory was also a major political force in ancient Rome.
The ability to convince the audience was highly valued by people who were preparing for a political career and saw themselves in the future as rulers of the state. It is no coincidence that in the middle of the 2nd century BC. Greek rhetoricians appeared in Rome and opened the first schools of rhetoric there, and young people flocked to them. Only children of aristocrats attended Greek schools, who could pay for education and who were then supposed to become the head of state. Therefore, the government did not obstruct the Greek rhetoricians and treated their schools favorably.
Public speaking career in Ancient rome was both honorable and profitable. The famous orators of Ancient Rome, like those of Ancient Greece, were famous political figures. So, one of the first Roman orators was the statesman of Rome of the III-II century BC. Mark Cato the Elder. The implacable enemy of Carthage, Cato ended every speech in the Senate with a phrase that became winged: "And yet, I believe, Carthage must be destroyed." This expression is used as a call for a stubborn struggle against the enemy or any obstacle.
But the greatest political figure of that time was Mark Thulius Cicero.
"There are two arts," wrote Cicero, "that can elevate a person to the highest level of honor: one is the art of a good commander, the other is the art of a good orator."
This dictum reveals Cicero's view of the essence of oratory. Oratory is a function of politics.
It should be borne in mind that oratory has always served and protected the interests of certain social classes, groups, individuals. It can equally serve both truth and falsehood, be used for both moral and immoral purposes.
Public speaking has never been uniform. Historically, depending on the field of application, it was divided into different genera and species. In domestic rhetoric, the following main types of eloquence are distinguished: socio-political, academic, judicial, social and everyday, spiritual (theological and church).
Socio-political eloquence includes speeches on issues of state building, economics, law, ethics, culture, produced in parliament, meetings, sessions, etc. Academic eloquence - educational lecture, scientific report, communication. To judicial eloquence - speeches made by the participants in the trial - the prosecutor, the lawyer, the accused. For social and everyday life - welcoming, anniversary, drinking, memorial speeches. To the theological and ecclesiastical - sermons, speeches in churches.
Types and procedure for issuing powers of attorney in Ukraine
Any subject of civil relations, both an individual and a legal entity, is endowed with a set of rights and obligations. However, in practice, he is not always able to exercise his rights or fulfill obligations personally. In this case, the institution of representation and such a document as a power of attorney come to the rescue. Conclusion of a transaction, representation of interests in court, receipt of goods and materials, goods, cargo, mail, wages, pensions, documents - this is not a complete list of actions that can be carried out by an attorney. Prostopravo.com.ua understood what a power of attorney is, what types of powers of attorney exist and how they should be drawn up (see a sample power of attorney).
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Representation and power of attorney
First of all, it must be said that a power of attorney testifies to the existence of such a relationship between the principal and the attorney, such as a representation. The essence of representation is the ability to act by one party (representative) on behalf of another person, whom he represents, as a result of which civil rights and obligations arise, change and terminate directly for the person they represent.
A feature of a representation based on a power of attorney is that the representative is not obliged, but authorized to perform certain actions on behalf and in the interests of the principal. The issuance of a power of attorney is a unilateral transaction that depends solely on the will of the principal. A power of attorney is always drawn up in the form of a written document and is intended primarily for a third party who, from the contents of the power of attorney, learns about the scope and nature of the powers of the attorney.
A proxy representative may be authorized to perform only those actions that the principal has the right to perform. In this case, the representative is prohibited from performing actions in his own interests, as well as in the interests of another attorney (with the exception of a commercial representative office).
“The cases in which powers of attorney cannot be issued can also include: a power of attorney to complete a transaction, which, in accordance with its content, can be performed exclusively by the principal personally (for example, marriage, drawing up a will, adoption, conclusion employment contract); a power of attorney to conclude a donation agreement, which does not indicate the name of the donee. In addition, powers of attorney cannot be issued to commit acts that violate current legislature, pose a threat to the life and health of third parties. “- says Marina Sayenko, lawyer, partner of the Law Firm Pobedy Law.
I would like to say a few words about the power of attorney to drive a vehicle, which has set everyone's teeth on edge. We have already found out that the attorney is authorized to perform legally significant actions on behalf and in the interests of the client. . Obviously, such an action as driving a vehicle cannot be performed on behalf of someone, but only on its own behalf. Not to mention the fact that the subject of a power of attorney can only be legally significant actions, to which driving a vehicle does not apply. At the same time, by power of attorney, you can perform such actions with a vehicle, such as registering it, or, conversely, deregistering it, concluding a transaction, the subject of this vehicle, etc.
Thus, the issuance of a power of attorney to drive a vehicle is nonsense, and the transfer of a vehicle for use to another person must be carried out on other grounds (vehicle lease agreement, property loan agreement).
Types of powers of attorney
The power of attorney can be general, special or one-time. “A general power of attorney is issued for a wide range of transactions and legal actions (for example, a general power of attorney is issued to the head of a branch of a legal entity). A special power of attorney is issued to a representative to perform many similar legal actions (power of attorney for representation in court, power of attorney for the freight forwarder to receive goods). A one-time power of attorney is issued to perform a specific action (for example, a power of attorney to receive wages, signing a specific contract). " - says Ms. Saenko.
In addition, there are powers of attorney, which are issued on the basis of an act of a legal entity, and powers of attorney based on a contract. As well as powers of attorney issued in simple writing and certified by notaries.
Power of attorney form
By general rule the power of attorney must be issued in the form in which, in accordance with the requirements of the law, the transaction must be concluded, for the execution of which the attorney is authorized. So, for example, a power of attorney to conclude a transaction for the sale and purchase of real estate must be certified by a notary. In addition, the power of attorney issued by way of transfer must be notarized.
The exception is powers of attorney for receiving wages, scholarships, pensions, alimony, other payments, as well as postal correspondence. Such powers of attorney can be certified by an official of the organization in which the principal works, studies, is in hospital or at his place of residence.
Notarized are equated with:
- a power of attorney of a serviceman or other person who is being treated in a hospital, sanatorium or other military medical institution, certified by the head of this institution, his deputy for the medical department, senior or doctor on duty;
- a power of attorney of a serviceman, and at the points of deployment of a military unit, formation, institution, military educational institution where there is no notary, as well as a power of attorney of an employee, a member of his family and a member of the soldier's family, certified by the commander (chief);
- a power of attorney of a person who is kept in an institution for the execution of punishments or a pre-trial detention center, certified by the head of this institution;
- power of attorney of a person who lives in locality where there are no notaries, certified by an authorized official of the body local government, except for powers of attorney for the right to dispose of real estate, powers of attorney for the management and disposal of corporate rights and powers of attorney for use and disposal vehicles.
Notaries certify powers of attorney in accordance with the Procedure for the performance of notarial acts by notaries of Ukraine (Order of the Ministry of Justice of Ukraine dated 22.02.2012 No. 296/5). The power of attorney must clearly indicate legal action to be performed by the representative. Even it comes O general power of attorney, it is advisable to list the powers of the representative as clearly as possible.
“The text of the power of attorney must indicate the place and date of its preparation, surname, name, patronymic (full name of the legal entity), place of residence (location of the legal entity) of the principal and the attorney, and necessary cases and the position they hold. The powers of attorney addressed to lawyers indicate their status and membership in the bar association. The power of attorney must be signed by the client. ”- says attorney Marina Sayenko.
The requirements for the content of powers of attorney issued in simple written form are the same as for those certified by a notary. Powers of attorney on behalf of a legal entity must be signed by its head and sealed. A power of attorney to receive funds or material values- also the chief accountant of the organization.
Period of validity of powers of attorney
The power of attorney must also indicate the period of its validity. The term of validity of a power of attorney issued by way of transfer may not exceed the term of validity of the main power of attorney. If the term of validity of the power of attorney is not specified, the power of attorney is considered unlimited and is valid until terminated.
Representation by power of attorney is terminated in the event of:
- expiration of its validity period;
- cancellation of the power of attorney by the principal;
- refusal of the attorney from the actions provided for by the power of attorney;
- termination of the legal entity that issued the power of attorney;
- termination of the legal entity to which the power of attorney was issued;
- death of the principal or attorney, recognition of him as dead, missing, incapacitated, limitation of his civil legal capacity.
In the event of the death of the principal, the attorney retains his powers of attorney to conduct urgent matters or to perform actions, the failure of which may lead to losses.
How can you verify the authenticity of a power of attorney? Expert commentary
Marina Saenko, lawyer, partner Yuridicheskoy companyui "Law Victory»
Information about all notarized powers of attorney and powers of attorney for the right to dispose of property, certified by officials of the executive committees of rural, settlement, local councils, as well as information on the termination of their validity are entered in the Unified Register of Powers of Attorney (hereinafter - the Register), which operates on the basis of the relevant Regulation, approved by the Order of the Ministry of Justice No. 111/5 of 28.12.2006. (hereinafter referred to as the Regulation). Entering data into the Register is carried out by the Registrar (state notary offices, state notary archives, private notaries who have entered into an agreement with the Administrator (DP "Information Center" of the Ministry of Justice) and have access to Unified register through the information network of the Ministry of Justice) at the request of the principal.
Any natural or legal person who intends to verify the authenticity of the power of attorney can apply to the notary with a statement of the established form (addendum 3 to the Regulation) and receive a so-called abbreviated extract from the Register, which will indicate: numbers and series of special forms of notarial documents, on which the text of the power of attorney is stated - for powers of attorney certified by a notary; date of certification of the power of attorney; its validity period; the number of the entry in the register of registration of notarial acts; information about the person who certified the power of attorney; information on the certification of a power of attorney in the procedure of transfer or information on the termination of its validity.
If there is a need to verify the authenticity of powers of attorney issued by other persons (from enterprises, chief doctors, heads of pre-trial detention centers, etc.) that are not included in the Register, this can be done by sending an appropriate request to these institutions.
Sample (blank) power of attorney
If you want to know how to write a power of attorney, use our example.
A power of attorney on behalf of a legal entity is drawn up on a letterhead
m.Kiyiv "__" ________ 2018 roku
(PIB for naming a donor), where there is / is a bagє behind the address: _________, code ЄDRPOU or INN, in an individual (PIB of a legal entity), when the donor is changed, donor:
PIB of the poven, passport ____, visions ______, for registrations for the address: _____, ІНН ____
to represent the interests of the Principal ______ (naming the organs of state power, self-regulating, establishments, enterprises, organizations, in which the interests of attitudes are represented), for whom one needs the right to do everything for
(transcript diy, yaki maє the right to initiate changes)
Tsya trust is seen in a line on ____ without the right to override that dіє to "__" _____ rock inclusive.
Confirmation letter ____ approved (for approval, from a legal individual)
What is a power of attorney to represent interests and why might you need it?
Power of attorney to represent interests- a special kind of written agreement, even a kind of order. With its help, the principal will be able to transfer certain opportunities and powers to his attorney. It's kind of a one-way deal. In order to translate it into action, only the desire of one person is necessary, namely the principal.
The most interesting and important thing in this situation is that the consent and even the presence of the person to whom the transfer of certain powers is planned is not at all obligatory, for example, power of attorney to represent the interests of an individual in court.
What types of power of attorney are there?
There are three types of fiduciary securities. They differ from each other in terms of the volume of powers that delegate the representative and the duration of their validity.
The attorney is endowed with maximum opportunities. It has legal right perform a number of different actions on behalf of the principal. That is why, before drawing up a general power of attorney to represent interests in court or any other organization, make sure you can fully trust this person... After all, a lot of things can depend on him in the future. As a standard, close relatives, husband, wife or children, who have already reached their majority, act as an attorney.
The task of such a document is to provide an attorney to perform one action. For example, receive a parcel on behalf of the principal or perform other small orders. The main feature of this type of trust paper is that it specifies and describes in detail the action that must be performed by the person to whom this document was issued.
- Special power of attorney
It is this type of power of attorney that is done so that the attorney has the opportunity for a certain time, which is indicated in the power of attorney, to be able to perform tasks of the same type. These tasks include the following: receiving wages, pensions, a wide variety social benefits and even money transfers.
It should be noted the following fact: to draw up a power of attorney, an attorney in mandatory must be at least 18 years old. V otherwise write legal power of attorney to represent interests it is not possible. This fact should be taken into account when choosing a person for the role of attorney.
Features of drawing up a general power of attorney
A general power of attorney is a type of official paper that gives practically freedom of action that an attorney can perform on behalf of the principal. That is why the preparation of this official document is due to some nuances that must be taken into account without fail. These features include the following:
- The general power of attorney is printed on a special form, which is at the notary's office, it can be drawn up exclusively in the office. This special form has watermarks, serial number;
- Such a power of attorney can only be made in writing, on a separate sheet;
- It is this document that requires special accuracy and completeness of information about the principal, attorney, as well as the exact date and address of the place where it was drawn up;
- This type of document prohibits the use of all kinds of abbreviations. This applies to absolutely all requirements, all numbers and numbers must be duplicated in letters in brackets. And also all names, names of institutions and various enterprises are prescribed in full;
- Most importantly, the signature of the notary who issued the paper and his personal coat of arms must be in it. Without these elements, this type of document cannot be considered official and legally binding.
Each of these points related to the execution of a general power of attorney must be taken into account and not forgotten. These nuances are applied to power of attorney to represent the interests of the organization and an individual in court
What is the structure of the power of attorney?
When drawing up a power of attorney, it is necessary to pay special attention to its structure, since its authenticity and legality will depend on this in the future. Typically this official document consists of several main blocks, which are as follows:
- Passport data of the person on whose behalf it is written power of attorney to represent interests in court. Notaries recommend indicating all basic data, that is, name, date of birth, registration address, main place of residence and other similar information;
- Data of the person for whom the power of attorney is being made, that is, the attorney. In this case, all passport data should be indicated in full;
- Indication of the powers vested in the attorney thanks to the power of attorney to represent interests in organizations of various types. It is this point that should be given due attention and accurately, in detail, list all the possibilities, as well as the actions of the attorney that he can perform on behalf of the principal. With this point, you must be extremely careful;
- There are many other important components of a power of attorney, which include: the date of this official document, is it possible to delegate the powers of an attorney. Also, do not forget to indicate the place where the general power of attorney was drawn up. In some cases, it should also be, and indicate the basic information about the notary who was present when drawing up this paper and who gave it legal force.
In what other cases may you need power of attorney to represent your interests before a notary?
There are many different cases and situations when you simply cannot do without a power of attorney. For example, if you need to leave for a long time, then you can draw up an official paper that will allow your family to keep track of your real estate.
Also, a power of attorney may be needed when you purchased a car and so that other family members can use it, you should make them attorneys for your vehicle.
In addition, the usual power of attorney may be required in such situations:
- When making various transactions on behalf of the principal;
- When selling immovable or movable property;
- And many other operations that you, for some reason, cannot do on your own. It is for such situations that the power of attorney was created.
The person who writes the power of attorney is not limited in the choice of the attorney. You can issue a power of attorney for anyone, it is not spelled out anywhere that it was close person or a relative. It all depends on the person who decided to draw up the power of attorney.
If you need a power of attorney, no matter what kind, you should visit a notary, because this person will draw up and do everything correctly. After all, it is not possible to personally make this official document valid, and therefore choose a real qualified professional who has extensive experience in this area. In this case, you can be calm, because the power of attorney will be issued for legal grounds and correctly framed.
It should be clearly understood that when writing the power of attorney, special attention should be paid to the person for whom you are going to draw up the power of attorney, especially the general one.
Power of attorney form to represent the interests of a legal entity
CONFIDENCE
m. ____________ ______________________
(date by letters)
Tsієyu dovіrenіstyu _________________________________________________
(naming a legal entity, which type of power)
________________________________________________________
(nadal іmenutsya "enterprise"), in the person of the director _______________________,
(apology, іm’ya, according to Batkovі)
scho dіє on submission ___________________,
I hope
________________________________________________, who lives at the address:
(apology, іm’ya, according to Batkovі)
______________________________________________________; passport seria ___ N ___, visions __________________________ "___" ___________ ____ roku,
to represent the interests of the enterprise in the court outside the court, to the state court because of the rights, which are imposed by the law in accordance with the law, for the purpose of making the decision, the third person, the third person, for the part of vimog, I will call again, for a part-time vizannya, I will call on the subject, and I will call on the subject, I will call for the worldly pleasing, the obsession with the decision, grab, decree, submitting the viconau's leaf until the contested or presenting the punishment to the court before the vykonannya on the right of obsession oskarzhennya decision, uhval, ruling the court from the order passed by the order in Ukraine by the law-governed in Ukraine, take the fate of the enterprise from the viconau provincial, as he won the interest of the enterprise, in any case.
_______________________________ to get the right: file an application, document with any organization, establish that organization, receive all necessary information, document and information from any state or non-governmental bodies, establishments, organizations language from the list of the Church of Confidence.
Tsya confidence is seen in a line for three rocks і dіє to ____________________.
Director _______________ /_______________/
m. p.
Power of attorney for representation: general concepts, application procedure, filling samples
General concepts of power of attorney
According to part three of Art. 244 of the Civil Code, power of attorney is a written document that is issued by one person to another person for representation before third parties. Also, this Code sets out general requirements for its design and content, in particular:
the power of attorney of a legal entity is sealed by its seal;
FOR REFERENCE
From 30.10.2014, according to Law No. 1206, changes will be made to Art. 246 of the Civil Code, according to which, starting from this date, it is not necessary to seal the power of attorney
- a power of attorney to receive wages, scholarships, pensions, alimony, other payments and postal correspondence can be certified by an official of the organization in which the principal works, studies, is in hospital, or at his place of residence;
- the term of the power of attorney is indicated in the power of attorney, if it is not specified, then the power of attorney remains in effect until terminated.
The main function of a power of attorney is to formalize the relations of a representative office. In turn representation- this is a legal relationship in which one party (representative) is obliged or has the right to conclude a transaction on behalf of the other party, which it represents. The grounds for the emergence of relations of representation are contracts, laws, acts of the body of a legal entity (an order or order signed by the head of a legal entity), and other grounds established by acts civil law(part three of article 237 of the Civil Code).
Types of powers of attorney
In practice, powers of attorney are divided into special, one-time and general.
Special powers of attorney issued to an individual or a representative of a legal entity (or an entrepreneur) for the implementation of typical actions (representation in the courts in a specific case or performing banking operations, etc.).
One-time powers of attorney issued for the implementation of any one-time action (for example, receiving a postal order or goods and materials, etc.).
General powers of attorney are issued for the implementation of functions of an extended nature (for example, for the implementation of transactions related to movable and immovable property, or for representation in the judiciary for a long time in a number of cases, etc.).
Mandatory details of the power of attorney
The legislation of Ukraine sets out the requirements for the content of the details of powers of attorney, without which it cannot be considered valid.
The power of attorney must have the following details:
- date of commission(that is, issue), without which the power of attorney is considered null and void;
- principal data; if a power of attorney is issued on behalf of a legal entity, then it is necessary to indicate the data of the enterprise, as well as the person or body authorized to issue such a power of attorney - these can be directors (general, executive) acting under the charter;
- data authorized representative : last name, first name, patronymic, signature, passport data, place of registration;
- credentials of a representative; or the representative does not have the right in his actions to go beyond the powers specified in the power of attorney, at the same time, the transaction made by the representative in excess of his powers will be considered null and void, unless the principal expresses approval regarding such a transaction;
- the seal of the grantor company and the signature of the person who issued the power of attorney.
In addition to the listed details, in practice, they indicate the number of the power of attorney, its validity period and the EDRPOU code of the trusting enterprise.
Application of powers of attorney for obtaining goods and materials
The procedure for applying powers of attorney for obtaining goods and materials is regulated by Instruction No. 99. In accordance with clause 2 of which raw materials, materials, fuel, spare parts, inventory, livestock, seeds, fertilizers, tools, goods, fixed assets and other goods and materials, as well as intangible assets, cash documents and securities released to buyers or transferred free of charge only by the power of attorney of the recipients; Also, this document provides for the following requirements for the design of powers of attorney, their registration and accounting:
- power of attorney form ( standard form No. M-2) must comply with the one given in Appendix 1 to Instruction No. 99;
- the power of attorney is issued after its registration in the power of attorney register, the form of which is given in Appendix 2; this journal must be numbered, laced and sealed and signed by the head and chief accountant; the numbering of powers of attorney issued during the year must be continuous;
- a power of attorney to receive goods and materials is issued only to persons working at the enterprise; in exceptional cases, a power of attorney can be issued with the permission of the head of the enterprise to another person, if the enterprise where this person works has issued a power of attorney to receive the same goods and materials in the same quantity at this enterprise (such a scheme may be present when executing purchase order agreements) ;
- the power of attorney is signed by the head and Chief Accountant enterprises; also, the power of attorney can be signed by their deputies and persons authorized by the head of the enterprise (senior accountant, accountant and others); when conducting accounting in centralized accounting, the power of attorney is also signed by the head and chief accountant of the enterprise, or their deputies and persons authorized to do so (if there are branches and other divisions, these can be managers and senior accountants (accountants) of such divisions); the head of the enterprise approves the list of positions, the occupation of which gives the right to sign powers of attorney, a person is also appointed whose responsibility includes the extract and registration of powers of attorney; in cases where accounting is carried out directly by the head (owner) of the enterprise, he signs the power of attorney himself;
- the power of attorney is issued against receipt and is registered in the power of attorney register; if goods and materials need to be received at different warehouses of the supplier, you can issue several powers of attorney indicating the corresponding numbers and dates of orders, invoices or other documents; the list of goods and materials is provided with the obligatory indication of the name and quantity to be received, regardless of whether there is such information in invoices, orders and other documents for the release of valuables; blank columns are filled with dashes; before issuing a power of attorney, it is necessary to instruct employees on the procedure and terms of use and reporting on the use of powers of attorney or return of an unused power of attorney;
- it is prohibited to issue fully or partially unfilled powers of attorney, as well as powers of attorney without sample signatures of the persons in whose name they are issued;
- the validity period of the power of attorney is set depending on the possibility of receiving valuables, but cannot be more than 10 days; an exception is the receipt of goods and materials, settlements for which are made in the order of planned payments or which are supplied by centralized ring shipments (in such cases, it is allowed to issue a power of attorney for a period of a calendar month);
- the person to whom the power of attorney has been issued is obliged, no later than the next day after the delivery of goods and materials to the enterprise (in whole or in part), to report, namely: to present to the employee who registers the powers of attorney, a document confirming the receipt of goods and materials, and transfer them to the warehouse (storeroom) or financially responsible person; if the power of attorney for some reason is not used, then it must be returned no later than the next day after the end of its validity; such powers of attorney are extinguished with the inscriptions "nevikoristan" and are kept for the period established for the storage of primary documents;
FOR REFERENCE
In accordance with List No. 578/5, the storage period for powers of attorney for obtaining goods and materials is 3 years, subject to an audit by regulatory authorities on compliance with tax legislation, and for state and budgetary enterprises, institutions, organizations - subject to government authorities financial control audits on aggregate indicators of financial and economic activity
- it is not allowed to issue new powers of attorney to persons who have not reported on the use of the power of attorney or who have not returned an unused power of attorney, the validity of which has expired;
- it is prohibited to release goods and materials by power of attorney in the following cases:
- the power of attorney is filled in incorrectly or its details are not filled at all;
- there are corrections and blots that are not confirmed by the signatures of the same persons who signed the power of attorney;
- the trustee does not have a passport or other identity document of the recipient;
- the power of attorney has expired;
- a notification was received from the enterprise - the recipient of goods and materials about the cancellation of the power of attorney;
- when carrying out centralized ring transportation, goods and materials can be released without a power of attorney if the recipient has notified the supplier (signed by the head and the chief accountant or other responsible persons) about the sample of the seal (stamp), with which the materially responsible person certifies his signature on the accompanying documents (order, waybill, act, etc.) upon receipt of goods and materials;
- return of goods and materials from safe storage, from repair is carried out subject to the presentation of a power of attorney from the enterprise that transferred them to safekeeping, for repair; the release by an individual - an entrepreneur to an enterprise of valuables, settlements for which are carried out in non-cash form, as well as those that are transferred free of charge or through barter transactions, are carried out subject to the presentation of the enterprise's power of attorney to the entrepreneur.
Features of the use of powers of attorney
Let's consider some points regarding the use of powers of attorney in the course of business:
- when dispensing goods and materials for cash (that is, if the release of valuables and settlement for them occurs simultaneously), the buyer does not need to present a power of attorney (a similar position is set out in letter No. 31-34000-30-27 / 14518);
- when accepting and transferring goods and materials within one legal entity, powers of attorney are not applied;
- upon receipt of goods and materials personally by the head (director, executive director) or another person whose rights and powers are reflected in the charter of the enterprise, a power of attorney is not required; the conclusion follows from the fifth part of Art. 65 of the Economic Code, which stipulates that the head of an enterprise without a power of attorney acts on behalf of the enterprise, represents his interests in state bodies and local governments, other organizations, in relations with legal entities and citizens, within the limits and in the manner determined constituent documents; in this case, when receiving goods and materials, you should have with you an extract from the charter or an extract from the Unified state register legal entities and individuals - entrepreneurs (hereinafter - USR);
- when issuing goods and materials to individuals - entrepreneurs, if they are received directly by the entrepreneur, it is enough to present an identity document and an extract from the USR; if any of the employees receives goods and materials, then a power of attorney must be issued for such an employee; Instruction No. 99 applies exclusively to legal entities; therefore, when issuing powers of attorney, the entrepreneur has the right either to issue a power of attorney in the form No. M-2, or to write it out in any form, but in compliance with the requirements of the Civil Code.
Samples of filling out powers of attorney
Example of filling out a general power of attorney for centralized ring transportation
A sample of filling out the power of attorney of a legal entity to represent interests in court cases
Sample power of attorney for representation in regulatory authorities
A sample of filling out a power of attorney in the form No. M-2 for receiving goods and materials
Sample power of attorney for representation of interests
In practical legal relations, citizens, for various reasons, quite often have to conduct their affairs in various bodies, institutions and even before other citizens, through representatives. Most often, this need arises when applying to judicial institutions of different jurisdictions and different instances, as well as in the process of execution judgments... Such representation can be carried out in individual cases by agreement with a lawyer or a private lawyer, or it can be carried out by power of attorney, which in turn can be issued not only to a lawyer or a private lawyer, but to any person, if the principal considers it necessary. This article deals specifically with powers of attorney for representation of interests.
Certification of powers of attorney is carried out by different persons in accordance with the norms of the Civil Code of Ukraine, the Law of Ukraine "On Notaries", as well as in accordance with the Resolution of the Cabinet of Ministers dated June 15, 1994 No. 419 "On the procedure for certifying wills and powers of attorney, equated to notarized ones." In settlements where there are notaries, such certification is carried out by notaries. In settlements where there are no notaries, such certification can be carried out by secretaries of local councils, first of all, these are secretaries of village councils (except for powers of attorney for the right to dispose of real estate, powers of attorney for the management and disposal of corporate rights and powers of attorney for the use and disposal of vehicles). But secretaries of local councils can only certify the powers of attorney of persons living in the locality in which the corresponding local council operates. The following persons are also entitled to certify powers of attorney, which are equivalent to notarized ones:
- heads of hospitals, sanatoriums, other military medical institutions, their deputies in the medical department, senior doctors or doctors on duty - powers of attorney of military personnel or other persons who are being treated in such institutions;
- commanders (chiefs) military units, formations, institutions, military educational institutions - powers of attorney of military personnel, and at the points of deployment of military units, formations, institutions, military educational institutions where there is no notary or official local government bodies that commit notarial acts, - powers of attorney of employees, members of their families and family members of military personnel;
- heads of penitentiary institutions and pre-trial detention centers - powers of attorney of persons held in such institutions. At the same time, the heads of pre-trial detention centers certify the powers of attorney of persons taken into custody and convicts in respect of whom the court verdict has not entered into force, in agreement with the official, official or body in whose proceedings the case is (which is questionable from the point of view of compliance constitutional rights citizens).
Previously, this list was much wider, but apparently the notary chamber lobbied for its reduction and at the moment “we have what we have”.
In addition, enterprises and private entrepreneurs have the right, signed and sealed, to issue powers of attorney to represent their interests in courts and other bodies.
Now let's move on to the content of the power of attorney. Unfortunately, in practice legal aid citizens very often have to deal with incorrect execution of powers of attorney for representation of interests. At the same time, with all due respect to notaries, secretaries of village councils and other authorized persons, in such powers of attorney, especially those drawn up by notaries, there is a lot of everything that is absolutely unnecessary neither for the courts, nor for the executive service, nor for other bodies, but very often there are no really necessary for a full-fledged representation of the moments. And if the secretary of the village council is not so difficult to convince to include certain textual moments in the power of attorney, then it is more difficult with notaries, since each of them has their own texts of powers of attorney “loaded” into the computer and they absolutely do not want to change anything there, considering that that everything is true with them, that everything is in accordance with the law, that you should not waste time on this.
Additionally, in this regard, the general lack of lawyers works negatively, which is clearly stated in the proverb “three lawyers - five opinions”. And in this case it should be noted that notaries who are lawyers, secretaries of local councils and other persons who certify powers of attorney who are not lawyers, with rare exceptions, almost never perform representative functions and in practical terms they do not know anything - with what and how people encounter who then use the powers of attorney issued by them.
Therefore, so that you do not lose precious time and additional money for your own money paid for the power of attorney to correct the power of attorney or to issue a new one with the same or another notary, you should still immediately insist that everything is included in the power of attorney, which is essential.
Therefore, all interested parties are invited to use a sample, which contains exactly everything that quite enough ... It has been worked out and tested over many years by representing the interests of citizens in courts of all instances throughout Ukraine, never when judges, the executive service, other institutions, enterprises had any complaints about such a text.
The sample is designed as a power of attorney from a local government body, but it is not the form or body that matters, but the text itself, which refers to the powers. It is highlighted in dark blue. A power of attorney with exactly the same text can be drawn up with a notary and the unit commander ... In addition to what is indicated in this text, in principle, absolutely nothing is needed, but it is important for you that this particular text should be included in the power of attorney, and what will be written by a notary, or another authorized person, before this text or after this text (if he (she) really wants to write something of his own), it does not matter for you at all - let him write what he wants and how he wants.
Of course, if you do not want to give the representative all the powers that are indicated in the sample, you can remove unnecessary from the text and even write in that you do not grant any specific powers and rights.
The sample does not specify the authority to grant the representative the right to receive the awarded property or funds. If you still wish to grant him such rights, you can ask the person who certifies the power of attorney to provide for this in the text.
You can also change the text regarding the possibility of delegating authority to another person and regarding the validity period of the power of attorney.
To reduce the resistance associated with the loss of a notary or authorized person time to change own sample, I recommend writing the sample to a USB flash drive so that the person who prepares the power of attorney only has to copy it. With the secretaries of the village councils it is even easier: you can even print at home 2-3 copies of the power of attorney with the data already entered (yours, the representative, the village council and the secretary) and let the secretary read, write in the register and certify. Just do not write the register number and amount state duty, leave the appropriate space.
The sample below is written in Russian, but while in Ukraine, it is still better to draw up its power of attorney in Ukrainian. The same sample in Ukrainian is published on the Ukrainian-language page of our website.
If you are outside of Ukraine, the text is still the same. You can issue a power of attorney abroad at the Ukrainian consulate. Also, in many countries there are Ukrainian-speaking and Russian-speaking notaries from among the natives of the republics of the former USSR, who will issue you a power of attorney in one of these languages. But they must have an apostille. If the consulate of Ukraine or the Ukrainian-Russian-writing notary is not nearby, then you will have to draw up a power of attorney with a similar text in another language and make a notarized translation. Naturally - with an apostille.
Apostille is not required for the CIS countries. If, for example, you are in Russia (citizenship does not matter) and you need to participate in the Ukrainian judicial proceedings, You can simply issue such a power of attorney not only at the Ukrainian consulate in the Russian Federation, but also at any Russian notary in Russian. It will be fully valid and effective in Ukraine. You just need to make sure that the notary would write the text exactly as in this sample, since Russian notaries have the same problems with samples as Ukrainian ones, and they, for example, instead of enforcement proceedings, stubbornly try to write the service bailiffs, which will be completely superfluous and of course Ukrainian executive service with such a designation, will not admit the representative to the proceedings for the execution of the judgment.
SAMPLE
D O V E R E N N O S T
with. Pupyrchany, Petrovsky district, Best region, Ukraine
February 2, two thousand and sixteen
I AM, Korotchenko Irina Fedorovna, Born in 1979 (passport PR 526101, issued by the Petrovsky Regional Department of the Ministry of Internal Affairs of Ukraine in the Best Region on March 16, 2000), registration number taxpayer registration card 2914560202, registered and lives in the village of Pupyrchany, Petrovsky district, Best region, aware of general requirements, the observance of which is necessary for the validity of transactions, realizing the significance of my actions and in accordance with my free expression of will, which fully corresponds to my inner will, as a participant in this transaction (legal authority), I authorize this power of attorney Petrenko Petr Petrovich(passport PR No. 467880, issued by the Petrovsky Regional Department of the Ministry of Internal Affairs of Ukraine in the Best Region on May 7, 1999; address: Best Region, Srednyaya, Kraynaya St., No. 21), to be my representative before all state and non-state bodies, organizations , institutions, enterprises and citizens, including in judicial institutions and enforcement bodies: in cases of administrative offenses, in criminal, civil, economic cases / proceedings, cases administrative proceedings, as well as in enforcement proceedings, with all the rights that are granted by law to the plaintiff, defendant, third party, interested person, victim, civil plaintiff, civil defendant, a party in cases of administrative offenses, a party in enforcement proceedings, including, but not exclusively, with the right to file a claim, including - with his signature, with the right to change the grounds and / or the subject of the claim, full and / or partial refusal of the claim and / or from individual claims, with the right to conclude a settlement agreement, an agreement in the executive proceedings, with the right to appeal against decisions and actions of the court of all instances and other state and non-state bodies, organizations, institutions, enterprises, with the right to receive writ of execution and filing a writ of execution for collection, with the right to submit any applications, complaints, petitions, inquiries in my interests, including on my behalf, with the right to receive any necessary information and documents from any state and non-state bodies, institutions, organizations, enterprises and citizens.
I provide at the same time Petrenko Petr Petrovich the right to process the full volume of my personal data - for the purpose of using them in the course of representing my interests, including (but not exclusively) - the right to use my personal data (in whole and / or in part) for any requests to any authorities, institutions, enterprises, organizations and citizens on issues related to the performance of representative functions.
The powers under this power of attorney cannot be transferred to Petrenko P.P. other persons.
The village of Pupyrchany, Petrovsky district, The best region of Ukraine.
On February 2, two thousand and sixteen, this power of attorney is certified by me Shvydenkoy Tatiana Evgenievna- secretary executive committee Pupyrchansky village council of Petrovsky district of the Best region.
The power of attorney is signed by gr. Korotchenko I.F. with my own hand in my presence. The identity has been established, the legal capacity has been verified.
Registered in the register No. 06
The state fee was paid - UAH 0.34.
Executive Committee Secretary _____________________ M. Shvydenka
With a mouse click you can load the Word file of the power of attorney
The receipt is written in any form, since there is no regulations providing for its content. In accordance with established practice the receipt must contain the following details : name of the type of document, date, text, signature of the person who gave the receipt.
The text of the receipt is handwritten and includes the following information :
- last name, first name, patronymic (sometimes passport data, position, place of residence) of the person who received something;
- surname, first name, patronymic (sometimes passport data, position, place of residence) of the person who issued something or the name of the institution from which something was received;
- the name (list) of the item received, indicating the quantity and cost (the amount is written in numbers and in parentheses in words with a capital letter);
- signature of the person who gives the receipt
The receipt can be certified by witnesses of the transaction, or be certified by a notary. But from a legal point of view, any receipt, both certified and not certified, is legally binding. The main condition is that it should clearly indicate who, to whom and what is obliged or fulfilled.
Personal power of attorney: concept, structure, validity period, sample
The concept of a power of attorney is defined in Chapter 10 of the Civil Code Russian Federation"Representation. Power of attorney". According to paragraph 1 of Art. 185 of the Civil Code of the Russian Federation a power of attorney is recognized a written authorization issued by one person to another person for representation before third parties.
Faces in civil law there are legal (organizations) and physical (citizens). Clause 1 of Art. 185 of the Civil Code of the Russian Federation does not limit the types of persons who can issue a power of attorney and to whom a power of attorney can be issued. Consequently, physical and legal entities; and a power of attorney can be issued to both individuals and legal entities.
Therefore, in office work, it is customary to divide powers of attorney into official powers of attorney and powers of attorney of a personal nature (personal powers of attorney).
Official powers of attorney issued by the organization to its representative for making transactions, receiving money, inventory or other actions on behalf of the organization.
Personal powers of attorney (personal powers of attorney) issued on behalf of the principal (citizen) to receive salaries and other payments related to labor relations; to receive pensions, benefits, scholarships, bank deposits, documents, correspondence, etc.
Any special requirements for issuing a power of attorney Civil Code The Russian Federation does not provide (they are only in the form of powers of attorney for receiving inventory items and are not established by the Civil Code of the Russian Federation), therefore, the power of attorney can be drawn up in any form, but some rules should be followed.
Personal power of attorney must contain the following mandatory information :
- name of the type of document (POWER OF ATTORNEY);
- surname, name and patronymic of the person who issued the power of attorney (in strict accordance with the passport data);
- surname, name and patronymic of the person to whom the power of attorney was issued (in strict accordance with passport data);
- the content of the power of attorney (it is necessary to clearly spell out the content of the actions, duties, rights that the authorized person has the authority to perform);
- the name of the organization in which the power of attorney operations are to be performed;
- signature of the person who issued the power of attorney;
- date of issue of the power of attorney;
- position and signature of the person certifying the signature of the principal;
- date of signature verification;
- seal.
In accordance with Art. 186 of the Civil Code of the Russian Federation, the validity period of a power of attorney cannot exceed three years. If the validity period is not specified in the power of attorney, it remains in force for a year from the date of its execution. A power of attorney that does not indicate the date of its execution is void.
A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of the duration of its validity, remains valid until it is canceled by the person who issued the power of attorney.
Power of attorney in simple written form from an individual based on a universal template in Word format. A universal template of power of attorney for representing interests from an individual to an individual is available for download. Instructions for filling out a simple written power of attorney form with a sample filling.In most cases, a power of attorney to represent the interests of an individual can be drawn up in a simple written form, that is, you can independently write such a power of attorney by hand or download a universal form of power of attorney between individuals on this page and fill it out. Such a power of attorney will be valid and the authorized person will be able to use such a power of attorney to represent the legitimate interests of the principal. It should be borne in mind that a simple written form of power of attorney may not always be used. In some cases stipulated by law, a notarized form of power of attorney is required, for example:
- when making transactions with real estate;
- at state registration rights to real estate in Rosreestr;
- in the case of representing the interests of another person (principal) in court, if he is not with you. It should be noted that the notarization of powers of attorney for the court is not the only possible one, and there are other ways to certify such powers of attorney.
- Surname, name and patronymic;
- Date of Birth;
- Passport series and number;
- Date of issue of the passport;
- The principal's place of residence, as indicated in the passport.
- Surname, name and patronymic;
- Date of Birth;
- Passport series and number;
- The name of the authority that issued the passport;
- Date of issue of the passport;
- The code of the department that issued the passport;
- Place of residence of the trustee, as indicated in the passport.