Executing a power of attorney for a person without his presence

How is it different from a printed form?

Some powers of attorney are filled out on a special standard form, which is established by law. It indicates all the data of the principal and attorney, duties and rights, etc. All data is filled in on the computer.

Only signatures are added manually. Such a form must be certified by a notary . It contains the lawyer's marks, stamp and registration number.

The main difference between a handwritten power of attorney and a printed one is the mandatory certification from a lawyer. Handwritten documents can be certified, but are not required.

Usually, the handwritten version is signed by the parties - this is the official confirmation of the action. This option is not always appropriate. In some cases, the law requires a notarized permit .

https://youtu.be/vARni0LSTxs

Certificate of power of attorney to receive documents

When a power of attorney is issued on behalf of a legal entity, everything is quite simple. It is signed by the head of the legal entity, who acts on the basis of the constituent documents.

Presentation of a simple written power of attorney from an individual may entail difficulties. Although the Civil Code of the Russian Federation does not require notarization of powers of attorney to receive documents, most representatives of government bodies require just such certification. Certifying a power of attorney to receive documents by a notary will not take much time and will not require significant financial expenses compared to the prospect of filing an administrative claim and appealing a refusal to receive documents.

Rules for drawing up a document by hand

In general, a power of attorney is permission from one person to another to perform any actions before third parties. That is, when writing, the scheme must be traceable (who trusts what).

When drawing up the document, you must carefully and completely indicate the details of the company and the details of the participants. Passport details are indicated in full, department code, citizenship, registration and date of birth are indicated. Company details are also indicated in full.

Note! It is necessary to clearly state the rights and obligations of the attorney so that controversial issues do not arise. If any actions are not permitted to the attorney, but this is not indicated in the form, then the controversial issue will be resolved in favor of the attorney. The document should not contain ambiguous expressions or words.

The signature of the principal and the date of signing must be included. If the document does not indicate the exact validity period (this is permitted by law), then it will be valid for a year from the date of signing.

If the document is written for a specific organization, then in the upper right corner you need to fill out the “header” . That is, indicate to whom exactly the power of attorney is intended (for example, the General Director of Promsvyazbank LLC O.V. Kuzkin). If there is no specific recipient, then the form begins with the word “Power of Attorney” in the middle of the sheet.

Video about the rules for drawing up a document:

○ Legislation on power of attorney.

The rules for issuing a power of attorney are established by the Civil Code of the Russian Federation (Articles 185-189). In accordance with Part 1 of Article 185 of the Civil Code of the Russian Federation:

“A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties.”

In practice, the following types of powers of attorney are used:

• One-time – for single orders.
• Special – contains a small list of specific actions.
• General (general) – makes it possible to perform a wide range of powers.

Mandatory and additional information

The form must contain:

1. data of the principal (passport, department code, who issued it and when, registration, citizenship, date of birth).
2. Attorney details (passport, department code, who issued it and when, registration, citizenship, date of birth).
3. Data on the subject of trust (vehicle, child’s birth certificate, apartment cadastral number, etc.)
4. Rights and obligations of an attorney.
5. Date of signing.
6. Signature of the principal.
7. Notary marks (if you need to certify).

Additionally the following may be indicated:

• validity.
• Attorney's signature.
• To whom is the document addressed?
• Restrictions (for example, in a power of attorney for a child to travel abroad, you can indicate that his delay there is not provided for and is not planned.)

Reference! The mandatory data to be filled out will be sufficient for the document to be legally significant. But adding more details will make it more specific.

Accordingly, if controversial issues arise, it will be much easier to resolve them. It is worth remembering that the power of attorney is written in the first person, in compliance with all the rules of the Russian language. Crossing out and rewriting is not allowed.

You will find more information about mandatory and additional requirements for the content of a power of attorney in this article.

How to write?

A power of attorney to drive a car does not have a strict form; it can be drawn up both in printed and written form. It does not require mandatory notarization. The form to fill out can be purchased at many kiosks and stores, or printed from the Internet.

What should be included in it?

1. Full name of the car owner, residential address, passport details (series, number, issued by, date of issue);
2. Full name of the authorized person, his address and passport details;
3. Indicate all the main characteristics of the vehicle that is being transferred for use, namely: state. registration plate, series, vehicle identification number, year of manufacture, color, engine, body, chassis numbers, technical passport and the organization that issued this passport, as well as the date of issue;
4. It is necessary to indicate the period during which the authorized person can use the car;
5. Write about the possibility of delegation of authority (without the right of delegation or with this right);
6. The date of the power of attorney is one of the main attributes;
7. Below there should be the owner’s signature with a transcript.

The blank form can be downloaded from this link (Word).

What rights does a power of attorney for the use of a vehicle give?

• Management and disposal;
• The ability to independently register a car and carry out customs clearance;
• Insure and in case of an accident receive insurance compensation;
• Pass technical inspection;
• Pick up from a parking ticket;
• Participate in court proceedings in case of an accident.

Attention! Within 10 days after writing the power of attorney, you must take out compulsory motor liability insurance. Otherwise, the driver may receive a fine from the traffic police officer.

The power of attorney is issued for a period of up to 3 years. But its effect may end earlier if the owner of the car refuses to further transfer the car for use or the authorized person himself refuses.

https://youtu.be/xrRevhzzES8

Step-by-step instruction

So, how to write a power of attorney by hand correctly?

Typically, the document begins with the word “Power of Attorney” in the center of the sheet. There is no period at the end; the word must be capitalized.

Sometimes a document is written for a specific company or organization. For example, a courier is sent to the bank, who has the right to sign a specific form for the boss. In this case, in the upper right corner you must indicate the company details and the full name of the boss in the genitive case.

For example: to the General Director of Promsvyazbank LLC O.V. Kuzkin. Then you need to start the main part.

In the main part, first of all, the data of the principal is indicated. The document is written on his behalf, so you should begin the main part with the pronoun “I”, then indicate the full data. For example: I, Maslennikova Valentina Borisovna, born on 06/06/1973, passport 4566772244 issued on 09/23/2009 by the Federal Migration Service of Russia for the Penza region, 580-001, citizen of the Russian Federation;

The next block begins with the word “I trust”, followed by an indication of who (the attorney’s data is in the same format as the principal’s data) and what exactly. If the permit is issued to a person (for example, the right to raise a child is transferred), then his details must be indicated in full.

If the permit is for the right to drive a car, then the data of the PTS and technical inspection coupon are entered. For example: I trust (data from the attorney in the dative case) to accompany my son Maxim Nikolaevich Maslennikov, born 09/08/2007 (certificate data);

Then there is a block in which the powers of the attorney are indicated in detail. The specific text depends on the purpose of the document. The block begins with direct rights that are transferred to the attorney (to drive a car, make decisions, sign on my behalf).

Then, in the handwritten version, there is a block in which dates and signatures are indicated.

Important! The date of signing and the signature of the principal must be included. If the document is to be certified, then the last block will contain notary marks.

How is a handwritten version formatted?

The handwritten version does not require any special forms. It can be filled out on a lined sheet or on blank white paper. The rules of the Russian language must be observed.

Paragraphs and punctuation marks are required. The writing scheme is followed: who trusts what. Details of a specific organization are indicated in the upper right corner. The name of the document must be strictly in the center of the sheet, without punctuation, starting with a capital letter. The “body” is written in paragraphs. Each sentence begins with a capital letter. If the sentence is too long and is divided into blocks, then the semantic parts are separated by a semicolon. A new part begins with a capital letter. The signatures of the parties are placed in the lower right corner under the date of signing.

In the photo you can see an example of the correct preparation of a handwritten power of attorney.

○ Validity periods.

There is no limit to the period for which a power of attorney can be issued. If it is not specified, the default is one year from the date of the document.

Read more: Where are deferred income reflected on the balance sheet?

The validity period of a power of attorney can be determined:

• Calendar date.
• The end of a specific period of time.
• An indication of the occurrence of a certain event.

Also, the represented person can revoke the power of attorney or die. The representative has the right to renounce his powers. If these circumstances occur, the power of attorney is terminated.

Possible mistakes

People who don't often come across a handwritten power of attorney may not fill it out very carefully. The most common mistakes include:

1. incorrect data entry. Inattention to numbers can ruin all your hard work. All information in the permit must match the passport information. First and last names must be spelled correctly, without grammatical or punctuation errors. You should double-check what you wrote several times.
2. Ambiguous phrases and information. Sometimes, the text is so vague that it becomes unclear what rights the attorney has been granted. You should adhere to precise wording and specific actions (for example, instead of: I trust the right to dispose of a car, write: I trust the right to sell, rent and use the vehicle PTS No. 3455589).
3. Lack of signature of the principal. Without it, the document has no force. Please fill out the form carefully. The signature is placed at the bottom right of the page.
4. No signing date. The fact is that the validity period may not be indicated in the text.
   In this case, the period will be limited to 12 months. If there is no signing date, it is impossible to determine the start date of the document. Important! The absence of a signing date invalidates the document.

The notarized form is filled out according to strict rules specified in the law. The handwritten version can be filled out in any form, subject to certain rules:

• compliance with the rules of the Russian language;
• compliance with correct formatting;
• precise indication of data;
• precise wording;
• indicating all necessary information.

Fortunately, in the age of modern technology, any type of power of attorney form can be viewed on the Internet.

I wrote the power of attorney. What's next?

In some cases, such powers of attorney must be certified by a notary. This is required when, for example, you need to obtain documents to make changes to state registers or a transaction is concluded that requires a notarized form of power of attorney - it is better to clarify the need for notarization directly at the notary’s office.

There are situations when it is necessary to draw up an agreement, write a statement, or perform other similar actions without personal presence. This problem is solved by issuing a power of attorney to an authorized person. In this article I will tell you how to correctly draw up a power of attorney for execution of documents.