A general power of attorney presupposes a high degree of trust between the person who trusts the full range of powers and rights and the trusted person. The most striking example from life is a power of attorney for the right to drive a car.
Necessary
- - legal advice;
- - presence of a trusting and trusted person;
- - notary services, if necessary;
- - the necessary documents (the list is individual in each case).
Instructions
Step 1
A power of attorney, according to the law, is a written authorization issued by one person (principal) to another person (trustee, representative) to represent and protect the interests of the principal before third parties. In order for the power of attorney to have legal force, it must be drawn up in writing. Orally, this will be just a personal agreement; it is almost impossible to prove this fact in the event of any questions.
Step 2
A general power of attorney is a kind of transaction between two people, it defines and consolidates the scope of the powers of the trustee, and his actions, based on the power of attorney, determine the rights and obligations of the trustee. This type of transaction does not require the consent of the person in respect of whom it is being made. In other words, in order to issue a power of attorney to a certain person, it is not necessary to obtain his consent.
According to its name, the basis of a power of attorney is confidence in the reliability and good faith of the trustee. With regard to legal entities, a general power of attorney is issued only to a limited number of persons when it is really necessary. As a rule, these are people who occupy not the last positions in the hierarchy of the organization.
When it comes to individuals, the most frequent cases of issuing such a power of attorney are:
- power of attorney for the right to drive a car;
- power of attorney for the right to manage personal property;
- a power of attorney to receive funds (for example, a pension).
Of course, general powers of attorney are generally issued to a relative.
Step 3
The list of basic requirements for issuing a general power of attorney:
- drawn up in writing;
- when issuing a power of attorney from a legal entity, it must be certified by the signature and seal of the head;
- the date of issue, validity period must be indicated;
- the maximum possible validity period for a general power of attorney is 3 years;
- abbreviations of dates, terms, names of organizations or names are not allowed;
- specifying the passport data of the trusted person is optional, but desirable;
- the right of substitution must be indicated;
- as detailed as possible, the rights and obligations of the trustee should be delimited.
In the design, some flaws are permissible, but experienced lawyers strongly advise, if possible, to exclude general wording and inaccuracies. In order to avoid misunderstandings and the emergence of problems, as accurately and in detail as possible, it is necessary to indicate the framework of the rights and powers of the trustee, as well as for how long he acquires them.
Step 4
By law, it is prohibited to trust another person with the following powers:
- payment of taxes;
- compensation for harm caused to third parties and / or their property;
- filing an application for registration of a new company by power of attorney from the founders.
Step 5
It is mandatory to certify a general power of attorney with a notary only in the following cases:
- issued to individuals;
- issued to legal entities on the basis of a transfer.
In this case, the trustee must notify the trustee and provide all the necessary data about the person to whom the powers are transferred.
Step 6
If the head of the organization changes, then in this case, the general powers of attorney issued with his signature should be replaced with new ones, certified by the signature of the new head.
