The power of attorney to represent interests must contain the date of its preparation, specific powers that are transferred to the representative. In cases specified by law, certification of the power of attorney by a notary or other available means is required.
Requirements for drawing up a power of attorney, formalizing the powers of a representative are enshrined in Chapter 10 of the Civil Code of the Russian Federation. Separate requirements for this document are also contained in the procedural legislation, apply in the case when a power of attorney is necessary to represent interests in court. The general rule is the need to draw up a power of attorney in writing, and it must contain specific powers that the principal allows the representative to perform on his own behalf. The power of attorney must record the date of its issue, since otherwise the specified document simply has no legal force. In addition, the issued power of attorney must include the personal signature of the principal.
What else is usually included in a power of attorney?
In addition to the listed mandatory information and details, the power of attorney usually contains an indication of its validity period. If there is no such indication, then the document is valid for one year, which is counted from the date of its issue. Also, this document usually contains an indication of the place of its preparation, the possibility of transferring powers by way of transfer. If the possibility of substitution is provided, then the representative will be able to entrust the performance of certain actions to a third party on behalf of the principal. To identify the personalities of the representative, the principal, their passport data is usually indicated. At the end of the power of attorney, the signature of the representative himself is often also put, and not only the principal.
When is it necessary to certify a power of attorney with a notary?
In most cases, powers of attorney issued by citizens require a notarial certification, without which this document also has no legal significance. Thus, mandatory certification by a notary is provided for powers of attorney, which are issued for transactions that also require such certification, filing applications for state registration of rights, transactions, representing the interests of a particular citizen in court. In the case of issuing a power of attorney for legal representation, instead of a notary, you can certify the power of attorney from the employer, at the place of study, in the homeowners' association, the management company. If the principal is not a citizen, but an organization, then notarization is not required, it is enough to put the seal of the company itself.