If for some reason you cannot attend the court session and participate in the process, issue a power of attorney to represent your interests in court and conduct the case.
Instructions
Step 1
Before issuing a power of attorney, decide on the circle of persons whom you can really entrust to take part in the process instead of you. Depending on the importance of the case, you can issue a general or special power of attorney (only for conducting business in court).
Step 2
To draw up it, the notary must certify your presence when it is drawn up. If you are under 18 years old, then the notary must also certify the presence of your legal representative (one of the parents).
Step 3
Please note: in some cases, the Civil Code of the Russian Federation allows the submission of a commission agreement concluded in writing between the two parties and not certified by a notary to the court instead of a power of attorney. Check with the court if your case can be considered without your participation if your representative only has such an agreement on hand.
Step 4
The power of attorney must include: - the name of the principal, his address and passport data, signature;
- Full name of the authorized person, his address and passport data, signature;
- Name of the notary who certified the document, his personal seal and signature.
Step 5
Before issuing a power of attorney on behalf of a legal entity, the notary must check the authority of the official and his legal capacity.
Step 6
Define in the power of attorney all actions and powers of the authorized person. You can also set the terms of these powers. However, any power of attorney can be issued for a period not exceeding 3 years.
Step 7
If the date of its execution was not indicated in the power of attorney, then it will be considered invalid.
Step 8
If your representative cannot, for some reason, represent your interests, you can draw up a power of attorney with the right of substitution, which can be certified by a notary only if there is evidence that your proxy cannot really fulfill the duties assigned to him.
