Power of attorney to represent the interests of an individual. Sample power of attorney to represent the interests of a legal entity and an individual

In many cases, the firm needs to transfer part of the authority of the head to another person for a certain period of time. In such a situation, it is necessary to issue a special power of attorney, which allows you to represent the interests of a legal entity in interaction with other companies, citizens and government agencies.

All issues related to cases of using a power of attorney, which gives the right to represent and act in the interests of a legal entity, are described in Articles 185-189 of the Civil Code of Russia. The legal essence of the document is the transfer of all or part of the powers of the head (or other authorized person) to an employee of the organization.

IMPORTANT. The trustee can be the manager himself or another authorized person, and the trustee can be either an employee of the company or any other citizen.

The legislation does not reflect the division of the document into any types, but in fact, in practice, the following classification has developed:

A general power of attorney (also called a general power of attorney) is issued for almost all types of actions - the manager entrusts the employee to sign any documents related to the company's activities, financial statements, etc. This document is convenient in that there is no need to prescribe any separate actions, since not all situations can be foreseen.
A special power of attorney is issued for the implementation of certain specific tasks on an unlimited scale. For example, one employee was given a power of attorney to represent the interests of the company in litigation, and another to work with the tax office. In these cases, employees have unlimited powers, but only in a specific area.
Finally, a one-time power of attorney is given for those situations when an employee must complete a specific task and only once. Usually these are unforeseen cases when an authorized person, who usually performs such duties, is on an unscheduled vacation, on sick leave or on a business trip, etc.

As a document, a power of attorney to represent the interests of a firm, company and any other legal entity has its own peculiarities of application:

It is valid for a maximum of a year, if necessary it is extended. If the validity period is not specified, then by default it is recognized that the document is valid for 12 months from the date of signing.
It can be issued to one or several representatives at once. In this case, it may be understood that each of them should perform only a certain range of actions. There are times when one power of attorney gives the right to represent several persons in the same cases.
The document does not have to be certified by a notary. However, in some cases it is necessary - they are described in detail in the corresponding section.
The power of attorney must be personally signed by the head or another authorized person who has the right to do so in accordance with the LLC Charter or internal regulatory documents.
The document must necessarily reflect whether the representative has the right to delegate his powers or not. The essence of reassignment is that an employee, in certain situations (for example, in connection with a business trip), can reassign a certain task to another person in writing without obtaining the director's consent. It is necessary to provide for this function in advance.
A copy of the document does not require notarization, if the power of attorney itself was not signed by a notary. In the opposite case, certification of both the original and the copy is required. However, in any case, the director puts on the copy a “copy is correct” visa, his handwritten signature and the company seal.

At the moment, it is not necessary to seal the organization on the power of attorney. However, in practice, the old norm continues to apply - therefore, to give the document a full-fledged status, it is better to put a seal.

Power of Attorney to represent interests: sample 2019

The content of the power of attorney does not depend on who issues it and for whom. The type of activity and form of ownership of the organization does not matter either. Therefore, the power of attorney to represent the interests of LLC, JSC, public association, religious organization and other legal entities is no different in appearance. The main thing is to correctly draw up the document and specifically prescribe the types of activities that the company representative is authorized to do.

Details of the organization and both parties:

name, TIN, OGRN of the organization, in which tax authority it is registered;
personal data of the principal and representative (attorney): full name, passport data;

The content of the power of attorney - i.e. what powers the representative can exercise.
An indication of the possibility or impossibility of delegating authority.
Indicating the validity period of the document.
If necessary, you can reflect the fact that the power of attorney is irrevocable, as well as separately prescribe the grounds on which it can be canceled.
Signature of director and representative, date stamp.

The text of the document directly depends on the goals - for example, in the case of a general power of attorney, general wording is provided (without specific instructions):

manage property, dispose of it;
receive and send any correspondence on behalf of the company;
represent the company in the tax office, any state or municipal authorities;
represent interests in court in any cases in which a legal entity acts as a plaintiff or defendant, etc.

An example of a general power of attorney is presented below.

And here is an example of a power of attorney that allows you to represent the interests of a company in the tax authorities - the powers here are spelled out much more specifically: a step-by-step description of all actions that a citizen can perform on behalf of a legal entity.

When is notarization required

A power of attorney that allows you to represent the legitimate interests of a company, LLC, public association and other legal entity is not always registered with a notary. However, there are a number of situations, which are described in article 185.1 of the Civil Code, when certification is necessary (without this, the document will be invalidated):

If the representative will make transactions on behalf of the company, for contracts which require notarization.
In the case of actions within the framework of the rights that are recorded in state registers - for example, the sale of a land plot (ownership is registered in the USRN).
Finally, certification is mandatory if a representative gets the right to submit any applications for state registration of the transaction - especially often it is required to conduct transactions with real estate: purchase, sale, exchange, lease, etc.

In the case of notarial registration, the head of the procedure must be present in person. The presence of the future representative is optional - it is enough to know his passport details. To complete the certification, you must provide the following documents:

The client's passport and the passport details of the representative.
Company details: INN, OGRN.
Articles of Association (original or copy).
A document that reflects the fact of the director's appointment to the position - this can be a written decision of the director himself or the Minutes (or extract) of the General Meeting.
Sample organization seal.
Extract from the Unified State Register of Legal Entities - it must be taken at the very last moment, since the document is valid for 30 calendar days.

The cost of the service varies from 1000 to 3000 rubles, but it should be specified in each specific case.

When the power of attorney expires

Along with the natural reason for the termination of the power of attorney, which allows representing the interests of a legal entity, due to the expiration of the term, there are a number of other circumstances:

The document can be terminated for any reason, which will be indicated in it.
In the event of the termination of the organization's activities (for example, the company declares itself bankrupt).
The document ceases to be valid in case of revocation of the principal or refusal of the representative to carry out his actions. The fact of withdrawal is reflected in writing, the document is also signed by the director and the seal of the organization. If initially the power of attorney was registered with a notary, then the revocation must also be notarized. Revocation and refusal to fulfill obligations can occur at any time, except for the case of signing an irrevocable power of attorney (details below).

NOTE. In some cases, the text of the power of attorney itself indicates that it cannot be revoked by the director (or other principal) before the specified period. This is an example of a so-called irrevocable power of attorney, the definition of which is given in Article 188.1 of the Civil Code. It is drawn up in special cases when it is fundamentally important to create conditions for the impossibility of revoking powers.

If the director leaves

This case deserves special attention. The law does not directly reflect the rule according to which the dismissal of the manager automatically cancels the power of attorney. The reason is that the document is issued on behalf of the organization itself, but not personally by the director as a private person.

Accordingly, the new director must immediately revoke the power of attorney by issuing a written order, which, if necessary, is certified by a notary. In order not to find yourself in a situation where the position is occupied by a new leader, and persons unknown to him act on the orders of the previous one, a detailed register of document circulation should be kept, which will record all documents issued in the organization.

If it is necessary to issue a general power of attorney, people are afraid that, having issued such a document, they may even be left without an apartment.

To what extent does this correspond to the truth, and how to draw up such a paper correctly?

The definition of the essence and form of a power of attorney to represent the interests of an individual is as follows (part 1 of article 185 of the Civil Code of the Russian Federation): "A power of attorney is a written authorization issued by one person to another for representation before third parties."

The paper makes it possible for its bearer to carry out certain transactions with property, as well as manage a person's cash flows, and represent the interests of this person in all instances and institutions.

This means that the bearer of such a paper gets access to this or that good, the owner of which is a person who trusts on his own behalf to perform some actions with his property.

A properly executed power of attorney does not raise any doubts. No one will call the owner to clarify whether he really wants another person to sell the car or summer cottage instead.

Kinds

There are various types of powers of attorney, the difference lies in the volume of powers entrusted:

one-time (to perform one specific action);
special (for repeated execution of similar actions within a certain time period);
general (general).

A one-time paper involves the transfer of rights, for example, to sell a car, or a real estate object, a special one is most often used for trade or representative functions - to receive or release goods, materials or otherwise.

A general power of attorney is a document allowing another citizen or legal entity. a person to act on behalf of the principal in various institutions, as well as to dispose of all acquired property.

Notaries are not very willing to provide services in the execution of such a document, but there are times when it is really necessary. A general power of attorney is a good option, and sometimes the only one, if an individual:

is being treated in a hospital for a long time;
is in custody or performs military service;
goes on a long trip, a business trip far and for a long time;
illiterate in legal terms;
has pathological shyness or tongue-tiedness, etc .;
incapacitated in whole or in part.

Instead of a notary, the signature is physical. a person transferring his partial rights to another can be certified by the commander of a military unit or the head of a penitentiary institution, or the head physician of a closed medical institution (Article 53 of the Code of Civil Procedure of the Russian Federation).

General power of attorney structure

This is a one-sided document, no signature or certification is required from the other party.

This paper does not have a special form, since the very meaning of the document is so individual that there can be no general, that is, typical, form.

The structure of the paper is as follows:

exact name (the type of power of attorney is essential);
place of registration, as well as date;
detailed information about the individual - the principal - full name, passport data, residence address;
the same with regard to the trustee;
powers that are delegated to another person (a detailed listing of all actions, the right to commit which he receives on behalf of the principal);
the signature of the principal, with a decryption.

When listing the actions, you should also mention all institutions and organizations in which it is entrusted to represent the interests of an individual.

But it is important to know that not everything can be shifted onto the shoulders of your legal representative, there are purely personal aspects when such a paper of powers cannot be redirected - for example, for filing an application with the registry office for marriage, or in alimony relations.

Features of the preparation and certification of a general power of attorney

A general power of attorney has the most serious legal force due to its vastness, and just as large-scale consequences for the principal.

Such a document can be revoked by terminating its validity. Care should be taken when choosing a trusted person.

Restrictive or special conditions must be included in the text of the document, for example, the possibility of reassignment (Article 187, part 1 of the Civil Code of the Russian Federation), that is, a change in the authorized representative, which will require a new "general".

Lawyers advise to narrow the powers of the representative, trying not to resort to the transfer of rights to absolutely all material areas, indicating a specific goal - buying a car, selling a summer residence.

The peculiarity of a general power of attorney lies precisely in its comprehensive meaning, a representative with such a paper receives the rights to such actions:

sale, exchange, mortgage of real estate;
manipulations with securities;
access to the principal's accounts;
use of bank cards, etc.

Indeed, a mistake in choosing a representative can be very expensive, so notaries try to convey to the client's consciousness how fraught the choice of a power of attorney of this particular type can be, and to persuade another person or legal entity to draw up papers with narrower powers. faces.

Only a notary can issue a “generalka” (except for some categories of individuals - Art. 53 of the Code of Civil Procedure of the Russian Federation), because it is this specialist who is authorized to certify signatures, and only in the presence of the principal. If the principal is an individual who is deprived of the opportunity to arrive at the notary's office, then you should use the service of a specialist's departure from the notary office to the location of the principal.

This document is drawn up in writing, in compliance with all the requirements that are well known to every specialist - the absence of errors, blots, corrections and abbreviations, and dates and numbers must be deciphered in brackets.

And to the most physical. a person and his representative are required to have legal capacity and majority.

Current legislation represented by Art. 185 of the Civil Code of the Russian Federation (with amendments and additions) does not require the mandatory indication of the validity period of the document. But if there is no registration date, but such paper will be considered invalid (clause 2 of part 1 of article 186 of the Civil Code of the Russian Federation), since it will not be possible to determine the outgoing date. The law does not establish either the maximum or the minimum period, but the physical itself. a person can indicate it, from a few days to tens of years. In the absence of specifics regarding this moment, the validity period is assumed to be equal to the 1st calendar year.

Such a document is the expression of the will of a citizen, and subject to a correctly drawn up document, if a representative endowed with broad powers acted dishonestly by appropriating the funds of the principal, then this criminal act, which is essentially a fraud, in most cases will go unpunished.

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

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

To take any action on behalf of the LLC, you need power of attorney to represent the interests of a legal entity... A legal entity is an independent entity in civil and economic relations. Only its head can act directly on behalf of a legal entity. Even the owners of the company do not have the right to conclude transactions or represent LLC in state bodies if they do not have a power of attorney for this.

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

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

Types of powers of attorney

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

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

Requirement for a power of attorney from a legal entity

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

Title of the document;
Registration number for internal document flow;
Date of issue (if it is not indicated, the power of attorney is invalidated);
Validity period (if you do not prescribe, then the power of attorney will be valid for one year from the date of issue);
Full company name and organizational and legal form of the principal legal entity;
Organization codes (OGRN, TIN, KPP);
Full name of the head of the organization;
A detailed description of the delegated authority;
Full name and full passport details of the representative (in addition, you can make a copy of the passport on the back of the power of attorney);
Sample signature of a representative;
Signature of the head of the organization.

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

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

When a power of attorney must be certified by a notary

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

Submission of applications for rights and transactions requiring state registration;
Conclusion of transactions for which a notarized form of certification is established;
Disposal of rights registered in state registries.

Termination of power of attorney

The reasons why a power of attorney from an organization ceases to be valid are indicated in article 188 of the Civil Code:

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

Unfortunately, not all LLC owners are aware that the powers of attorney issued by the former director continue to operate. Also, the powers transferred to employees who later quit their jobs remain in force.

In order not to get into a situation where representatives who are no longer related to the activities of the LLC act on behalf of a legal entity, it is imperative that internal register of powers of attorney... The register reflects the date of issue and validity of the document, information about the representative and the amount of powers delegated to him.

Revocation of power of attorney

To revoke the power of attorney, you must notify the representative in writing of the termination of powers and receive the issued document back. If the trustee refuses to do this for some reason, it is necessary to inform the counterparties of the withdrawal, and also to advertise in the Kommersant newspaper. In this case, third parties are deemed to have been notified of the termination of powers at the end of the month from the date of publication.

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

Sample power of attorney to represent the interests of a legal entity and an individual filled in one of three possible options.

1. One-time power of attorney

In this case, a power of attorney to represent the interests of a legal entity transfers authority in relation to only one possible action. This may be the right to receive money, equipment or products from a supplier at a bank, receive material values, sign an agreement, etc.

2. Special power of attorney

This type of power of attorney to represent the interests of an individual gives the right to perform, without reference to the number, some similar, typical actions. They can be linked by one result, goal, object. For example, obtaining medical policies, goods from various suppliers, representation in court, and more.

3. General or general power of attorney

A power of attorney to represent the interests of an individual of this type transfers from one person to another the right to use and dispose of property. Together with them, certain rights related to the ownership of such property are transferred. For example, to exercise some rights in front of others, resolve some governing issues, etc. Such powers of attorney are partly issued to the heads of branches or representative offices of large organizations when they can act on behalf of the parent company in the region allocated to them.

Universal power of attorney

You won't find sample power of attorney to represent the interests of a legal entity and an individual of such a type. It just doesn't exist. But for issuing this type of power of attorney, you can use the intersectoral forms of powers of attorney approved by the State Statistics Committee of Russia. Also, with some reservations, you can be guided by the Instruction of the USSR Ministry of Finance No. 17 dated January 14, 1967.

Such representation power of attorney form is used to transfer the right to receive material assets released on the basis of certain documentation. Other powers of attorney are drawn up arbitrarily. They simply list the actions, the right to commit which is transferred to the authorized person for a certain time under certain conditions.

Power of attorney to represent the interests of a legal entity sample must necessarily reflect such information:

TIN of the organization, legal address, name;
actual place of residence, full name of the trusted person, passport data;
signature of an authorized person or manager;
organization seal;
date of preparation of the document;
the signature of the chief accountant, if the power of attorney regulates the issuance of material values.

If a power of attorney form filled in by an individual, the following data must be displayed in it:

Date when the document comes into force;
the signature of the trustee;
actual place of residence, full name of the trusted person, passport data;
actual place of residence, full name of the principal, passport data.

Without fail, each power of attorney must have a start and end date for the transferred actions. But in total, this time does not exceed three years (Article 186 of the Civil Code). It is this period that is established when the document does not indicate its validity period. In cases where the date of drawing up the document is not set, according to the law, it must be declared invalid.

Types of powers of attorney issued by a legal entity

1. For bodies of the social insurance fund

This document is signed by an authorized person or the head of the company, certifying his signature with a seal. Depending on the status of the principal, the document can be drawn up in a simple written form or certified by a notary.

2. For the tax office

Such a power of attorney is drawn up in any relationship with the tax office. In this case, the head of an individual or an individual entrepreneur must draw up a notarized document, or an equivalent in force. Similarly to the general requirements of the law, the signature must be certified by a seal, and the document is valid for no more than three years. Each of the parties can withdraw the power of attorney at any time.

In addition, the document ceases to be valid when:

The death, loss or recognition of the incapacitated by the trustee has occurred;
the legal entity has ceased to exist;
Refusal of her confidant;
The principal canceled it;
The term has expired;

In this case, the taxpayer is obliged to inform the tax office of the termination of the power of attorney.

3. For the court and the judiciary

This is the most common power of attorney. It is filled in or in the form of a simple document, certified by a notary, if desired. It can be issued by both an individual entrepreneur, an organization, and an individual. It is also valid for three years.

In accordance with the law, such a document must contain:

Signatures of the chief accountant and the head, the seal of the organization;
the terms for which the document is valid;
the signature of the principal;
powers of the representative;
information concerning the representative of the legal entity;
full name and information of the legal entity;
passport data, permanent residence, date of birth, full name of individuals;
the date of signing in words;
full address of the place of signing.

This is how a sample power of attorney is filled in to represent the interests of a legal entity and an individual.

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