How to make a warrant: the basics and legal details
Right Educational Program / / December 19, 2019
What is a Power of Attorney
Power of attorney - a document that can be used to charge someone legally significant acts.
Article 185 of the Civil Code of the Russian FederationAttorney admits written authorization issued by one person to another person or other persons for representation before third parties.
One who gives power of attorney - the principal or represented. They may be fully capable physical or capacity of a legal person (several persons).
On behalf of young children attorney draw up the parents (legal representatives). Teenagers from 14 to 18 years old can issue a power of attorney itself, but within the competence vested in this age.
Those to whom it is issued, - power of attorney or representative. They can be any adult able-bodied citizen (citizens), as well as an officially registered company (companies).
Issuance of a power of attorney - a one-way deal. For the transaction, it does not require the consent of the representative. But he can not accept the power of attorney at any time to abandon it.
Representative actions - it always acts on behalf of the principal, but in relation to third parties. He can not make a deal in their favor or other benefit their clients.
The term of powers of attorney
In drawing up a power of attorney is a critical requisite date.
Article 186 of the Civil CodeThe power of attorney, which does not indicate the date of the transaction, is void.
No date is impossible to count the period of validity of the power of attorney. Before authorization could be issued for a maximum of three years. Now this restriction is removed.
If the text does not specify the term of the warrant, then by default it remains in force during the year (Article 186 of the Civil Code).
General rules for registration of power of attorney
Power of attorney - is always a written document. For some even developed standardized forms. For example, for a power of attorney to obtain wealth. In other cases, a power of attorney simply be written by hand or typed on a computer.
In this case, there are three mandatory details.
- Date of preparation. As already noted, without it is impossible to establish the validity of the power of attorney. It can be noted in the text or number, as do notaries words.
- Information about trusting and representatives. If the power of attorney is made between individuals, this information is usually limited to full name, date of birth and passport data. But the absence or incompleteness of the past is not a reason for the authorization is not valid.
- The signature of the principal. The power of attorney is negligible without the stroke of the person issuing it. If a person is due to a physical disability or illiteracy is unable to sign himself, resorted to the services of rukoprikladchika. With respect to legal entities is obligatory to have printed.
Additional information that can be specified in the warrant:
- drawing up a place.
- The period for which issued.
- Representative powers.
Details reveal the representative's powers, though not required, but is highly desirable. This can save you from lawsuits in the future. Especially if you delegate to someone manipulating your property.
Do not hesitate to describe in detail the subject of the transaction (the area, the cadastral number, address, etc.) and give specific instructions to the representative (for example, to sell the apartment for an amount not less than such and such).
You can also go on the reverse and limit the representative set of transactions that he can perform (for example, any other than mortgage), or put a limit on the amount of the transaction (for example, if the contract exceeds one million rubles, a representative not be able to conclude on power of attorney).
What are the power of attorney
Depending on the amount of power of representation of lawyers are three types of powers of attorney.
- One-off. Issued to perform one particular action. For example, for the sale of land.
- Special. Issued to carry out a number of similar activities within a certain time. Example - power of attorney to represent the interests in court.
- General (common). Issued for the commission of diverse activities, including the acquisition or disposal of property and to sign documents. Such power of attorney, for example, was obtained from the heads of its branches.
proxy certificate
Proxies are divided into simple and written notary. According to the law must be notarized power of attorney for transactions requiring notarized form and state registration (Article 185.1 of the Civil Code). For example:
- Contract of sale of immovable property.
- Mortgage agreement.
- Pledge agreement.
- Marriage contract.
- An agreement on the payment of maintenance and so on.
If the transaction does not require the intervention of a notary, it is possible to transfer the powers of an ordinary power of attorney, written by hand. Therefore, if you to, for example, require a notarized power of attorney to grandmother could take the child out of kindergarten, it is illegal.
There is also a category of powers of attorney, which equated to a notary. For example, issued and certified by the military leadership of the military unit. A full list of such powers of attorney mentioned in Article 185.1 of the Civil Code.
On the Internet you can find easily sample proxy of any kind. there are even designers attorney.
Consider the features of the most common preparation.
How to make a warrant to a child
This power of attorney (or rather - the consent to travel) will be needed if you are planning to send their children to the sea with his grandparents.
Technically, such a document is required only in the case of traveling abroad.
Article 20 of the Federal Law dated 15.08.1996 number 114-FZ "On the order of departure from the Russian Federation and entry into the Russian Federation"If a minor citizen of the Russian Federation leaves the Russian Federation without their parents, adoptive parents or guardians, he must be in possession of, in addition to passports, notarized consent of these persons on leaving a minor citizen of the Russian Federation, indicating the period of departure and the State (s) that is (are) he I intend to visit.
But in practice such permission often ask in trains and airports, even traveling to Russia.
The power of attorney for a trip with baby should indicate the names and passport details of the parents and accompanying persons, as well as the name and date of birth of the minor and the number of the document proving his identity (birth certificate or passport). You can write, where and how much the child is traveling. And do not forget about the other two mandatory details: the date of the proxy, and the signature of the principal.
How to make a warrant on a car
Power of attorney for driving abolished in 2012. Now the driver simply fits into insurance. And the traffic police should not require other documents certifying the right to use the vehicle.
This is true if we are talking strictly about driving. But there are cases where the power of attorney can not do without.
Without a power of attorney can not pick up the car from the car pound, get a duplicate license plate, remove it from the register, to issue MTPL and pass inspection.
Moreover, in order to go abroad, need a notarised power of attorney with an explicit statement that a representative may leave the territory of the Russian Federation on this car.
In drawing up a power of attorney for the car, in addition to the usual details, it is recommended to specify the make and model of car, the year of its release, the identification number given to the TCP.
How to make a power of attorney to the bank
Quite a lot of banking transactions is impossible without the customer's signature or his authorized representative. But this does not mean that to entrust to someone their banking business, you need to go to a notary public.
The law allows to issue a power of attorney for banking transactions directly into the office of the credit institution. To do this, you need a passport to come to your bank and ask them to draw up a power of attorney form (as a rule, each bank has its own form of this document).
In addition to the mandatory particulars in the text of the power of attorney it is recommended to specify which operations can make the representative. For example, to replenish the deposit, use the deposit box or make transactions on the account in the amount of not more than 100 000 rubles.
Part 3 of Article 185 of the Civil Code of the Russian FederationThe written authorization for a representative of a citizen of his contribution to the bank, making money on its account on the deposit, for transactions on his bank account, including the receipt of funds from his bank account, as well as to correspondence addressed to him in the organization of communication can be submitted directly to the bank or the sending organization communication.
According to this norm, the same rules apply to e-mail correspondence. For more information about how to issue a power of attorney for the "Mail of Russia" read here.
How to make a warrant to a pension
Article 185.1 of the Civil Code states: "The power of attorney to receive salary or other payments arising from labor relations (pensions, bonuses, royalties) may be certified by the head of the institution where the person working".
In other words, if you are officially working in the organization and plan to go somewhere, you can go to ask for guidance and assure power of attorney to receive salary or pension.
All a bit more complicated when it comes to so-called non-working pensioners and disabled people who receive social pension.
In the first case, according to the norms of the Civil Code and the Federal Law № 173 "On Labor Pensions in the Russian Federation", the power of attorney will have to be notarized. In the second power of attorney is issued by the local branch of the Pension Fund.
Housing and communal organizations, post offices and banks can not certify the power of attorney to receive pensions.
Endorse the power of attorney to a pension only in the medical, social, or penal institution if the person is there permanently.
Cancellation and termination of powers of attorney
The Principal has the right at any time to cancel the power of attorney and a representative - to abandon it (Article 188 of the Civil Code). The person who prepares the documents, an obligation to inform her about the cancellation of the representative and the third parties.
To cancel the simple written power of attorney is sufficient to submit a statement, made in the same form. To cancel the power of attorney must be notarized statement also notarized.
Check whether a valid authorization, by using the special service Federal Chamber of Notaries.
Also, the power of attorney is terminated in case of:
- Period specified in it, or in the life of the law.
- Death of the principal or agent (as well as the termination of the legal entity acting in this role).
- Recognition of the principal or representative of incapable (partially capable or missing), as well as maintenance against them such a bankruptcy procedure in which the person loses the right to issue a power of attorney.