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The right to receive / issue property values on behalf of a legal entity is certified by the signature of the chief accountant of the relevant organization. Both individuals and legal entities, in particular, organizations and individual entrepreneurs. Validity period of a power of attorney The validity period of a power of attorney depends on the type and purpose of the document. In cases where the validity period is not indicated in the form of the power of attorney, the document remains valid for 1 year from the date of execution (clause 1, article 186 of the Civil Code of the Russian Federation). A notarized power of attorney to perform actions abroad without specifying the validity period remains valid until canceled by the person who issued it. The date of issue of the power of attorney is a prerequisite for the execution of the document. A power of attorney without indicating the date of its execution is invalid (clause 1, article 186 of the Civil Code of the Russian Federation).
Does a foreigner have the right to issue a power of attorney in the Russian Federation
Attention
If the original version of the power of attorney is issued on foreign language? If a power of attorney to perform actions on the territory of the Russian Federation is issued by a foreign citizen who does not speak Russian, then in accordance with Art. 81 Fundamentals of Legislation Russian Federation about a notary, the consul has the right to testify the accuracy of the translation from one language to another, if he knows the relevant languages. The following requirements apply to translations performed outside the consulate: — the text of the official document must be fully translated into Russian; — the text must be submitted in printed form; - errors and omissions in the text are not allowed.
If these rules are not observed, the transfer certificate and, accordingly, the power of attorney itself will be denied.
Sample power of attorney to represent the interests of an individual
In the case of issuing a written representation by way of substitution, the validity period of such a document may not exceed the validity period of the main power of attorney. Drawing up a form of a power of attorney of a general form A form of a power of attorney is drawn up in the manner prescribed by the civil legislation of the Russian Federation and the basic rules of notarial office work.
It should contain the following items:
- Place of commission (prescribed in full - city, region, region, village, etc.).
- Date of issue of the power of attorney, in particular the day, month and year (written in capital letters).
- Information about the representative and the represented - full name, date of birth, place of registration, information about identity documents.
Power of attorney: how to issue a power of attorney of a general form
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Can I issue a power of attorney for a citizen of another state? Can he be my confidant on the territory of the Russian Federation? (registration of social support measures). Minimize Victoria Dymova Support Officer Pravoved.ru Try to look here:
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Can I issue a power of attorney for a citizen of another state?
Info
Yes, there are bilateral treaties about mutual legal assistance Russia and other states, as well as the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, which provides that documents that are produced or certified by an institution or a specially authorized body within their competence and on the territory of one of the contracting parties according to the established form and affixed with the official seal, do not require any certification (legalization) on the territory of the other contracting party. For such documents, only their notarized translation may be required.
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What is consular legalization? Consular legalization consists in confirming the compliance of documents with the legislation of the state of their origin and is a certification of the authenticity of the signature official, its status and, in appropriate cases, the seal of the authorized state body on documents and acts for the purpose of using them in another state. Foreign documents (a power of attorney is also an official document) intended for use on the territory of Russia can be legalized on the territory of the state where these documents were issued, or directly in the Russian Federation.
In the first case, the power of attorney is first certified by the Ministry of Foreign Affairs or another authorized body of the state in whose territory it was issued, and then legalized in the consular office of the Russian Federation in this state.
Is it possible to issue a power of attorney in the Russian Federation to a foreigner?
This is only done if the following conditions are met:
- third parties are notified of the change confidant without fail;
- the document is notarized;
- the details of the original document are written in the new power of attorney;
- the validity period of the new document does not exceed the term of the power of attorney originally issued.
Mandatory fields A power of attorney for an individual from an individual is filled in as follows (mandatory fields):
- Registration date. It is advisable to write it in words.
- The person who issued the power of attorney, in free form (principal).
- The person to whom the document is issued.
Abbreviations should be avoided in the second and third paragraphs. Full name, passport details, place of registration and residence.
- The powers of the authorized person, which are clearly and without "nebulae" are listed.
Important
It is made only if there are good reasons, documented (for example, the departure of the child with one of the parents should take place in four days, and the permission of the second parent did not have time to issue earlier). The final decision on the execution of such documents is made by the consular officer.
On the basis of what documents is a power of attorney issued in consular offices? When performing consular procedures and notarization of documents, the consul establishes the identity and legal capacity of individuals, as well as the legal capacity of legal entities on the basis of the documents presented. Therefore, all notarial acts are performed by the consul only upon personal application of Russian and foreign citizens to the Consulate General and if they have valid identity documents.
The only exception is the certificate of correctness of the translation.
- a written form of representation of persons in military service, as well as at the points of deployment of military educational institutions where there are no notary bodies, and members of their families (powers of attorney are certified by the commander / head of the unit, institution);
- a written form of representation of persons who are in places of deprivation of liberty (certified by the head of the relevant institution);
- a written form of representation of adult capable persons who are in institutions of social protection of the population (certified by the administration of the institution, the relevant body of social protection).
On the basis of Article 37 of the Fundamentals of the legislation of the Russian Federation on notaries, in cases where there is no notary body in the settlement, the forms of powers of attorney can be certified by the head of the local administration, municipal district, or a specially authorized official.
If the term of the power of attorney is not specified, it remains valid for one year from the date of its execution. The text of the power of attorney must be written clearly and clearly, the numbers and terms related to the content of the document are indicated in words, and the names of legal entities - without abbreviations.
The following are not accepted for notarization: — Powers of attorney with erasures, additions, crossed out words and other corrections, as well as documents executed in pencil; - powers of attorney on two or more separate sheets, if the sheets are not laced and numbered. How long does it take to issue a power of attorney in consular offices? The usual term for issuing powers of attorney, certificates and other notarial acts at consular offices is 10 business days. But it also provides for urgent processing of documents in 1 and 3 working days.
Sincerely, Anton Zharov (sign up for a consultation by phone 8-916-6575789; http://zharov.info) Ask an additional question Did the answer help? -+0- Karina Krasnova RUSSIAN-DIVORCE.RU, Unidentified #71658. November 11, 2008 at 4:13 am The notary does not certify documents with an apostille - in this part the answer is incorrect. A power of attorney in the territory of another state will be valid provided that the legislation of that state is observed when issuing a power of attorney.
A foreign company issues a power of attorney to a Russian citizen for its use in the Russian Federation. How should a power of attorney be certified? Is an apostille required?
Answer: According to Russian law, the form of a transaction with a foreign element (including the form of a power of attorney on behalf of a foreign company) is subject to the law of the place of its execution; however, a transaction made abroad cannot be invalidated due to non-compliance with the form, if the requirements of Russian law are met (clause 1, article 1209 of the Civil Code of the Russian Federation). At the same time, the concept of the "form" of a power of attorney also includes the features of its certification (in certain cases, notarization is required). Thus, for use in Russia, a power of attorney from a foreign company can be issued both in accordance with the law of the country where it was issued, and in accordance with Russian law.
As regards the requirements of Russian law, the law establishes that a power of attorney on behalf of legal entity issued under the signature of its head or another person authorized to do so by its constituent documents, with the seal of this organization attached (clause 5, article 185 of the Civil Code of the Russian Federation). In cases specified by law, a notarized power of attorney is required. Thus, it is necessary to notarize a power of attorney for transactions that require a notarized form (p.
Power of attorney to the FMS sample form
2 tbsp. 185 of the Tax Code of the Russian Federation); a power of attorney issued by way of substitution (clause 3, article 187 of the Civil Code of the Russian Federation), etc. In other cases, notarization is not required.
The requirements of foreign legislation for the form of a power of attorney may differ from Russian ones. For example, an organization's printing application may not be required. As in Russia, in some cases notarization may be required, while in others a simple written form may suffice. The rules applicable in each particular country require a separate analysis.
A power of attorney on behalf of a foreign company can be notarized abroad either at the Russian consulate (Article 1 of the Fundamentals of the Russian Federation Legislation on Notaries, approved by the Supreme Court of the Russian Federation of February 11, 1993 N 4462-1), or, most often, by a local notary (or an official with similar powers) acting under foreign law. If the power of attorney is certified by a foreign notary, the following must be borne in mind. Foreign official documents, including notarial deeds, require, as a rule, additional certification for their recognition in Russia. Generally speaking, foreign official documents must be legalized (certified by the Russian embassy or consulate in the respective country) in order to be used in the Russian Federation. Other arrangements may be made international treaty. In particular, according to the Hague Convention (Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague, 05.10.1961)) consular legalization can be replaced by an apostille affixed by the authorized body of the respective country. It is the apostille that is currently the most common form of certification of foreign documents, since most countries of the world participate in the Hague Convention. There are also a number of agreements of the Russian Federation providing for the complete abolition of the requirement for additional certification of official documents, including multilateral agreements within the CIS (Article 13 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk, 01/22/1993); Art. .6 Agreements on the procedure for resolving disputes related to the implementation economic activity(Kyiv, 20.03.1992)). Documents in a foreign language are supplied with a notarized translation into Russian.
In view of the foregoing, a power of attorney certified by a foreign notary is recognized in the Russian Federation as such only after legalization or affixing an apostille, unless the refusal to additional certification is provided for by an international agreement on legal assistance. A power of attorney not certified by a notary (or any similar official) is not an official, but a private law document that is not subject to apostille certification and consular legalization.
As we can see, from the point of view of civil law, a power of attorney on behalf of a foreign company issued abroad, in certain cases, requires notarization (moreover, a certification made by a foreign notary, as a rule, additionally requires an apostille or legalization), but in other cases it can be quite simple. written form.
However, in addition to this, it should be borne in mind that in the event of a dispute in the Russian Federation, the court will only consider documents drawn up in accordance with Russian procedural legislation. If the dispute is under the jurisdiction of the arbitration court, Art. 255 of the Arbitration Procedure Code of the Russian Federation, which establishes that documents issued, drawn up or certified in the prescribed form by the competent authorities of foreign states are accepted by courts in the presence of legalization or apostille, unless otherwise provided by an international agreement. Despite the fact that the legislator seems to be talking here only about official documents, courts often interpret this wording broadly, requiring an apostille (or legalization) to be affixed to any power of attorney on behalf of a foreign company issued abroad (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 05/16/2000 N 5230/99; Determination of the Supreme Arbitration Court of the Russian Federation of 12/23/2008 N 17179/08). However, if the power of attorney on behalf of a foreign company is issued on the territory of Russia, then an apostille (legalization) is not required (see Decree of the Federal Antimonopoly Service of the Moscow District dated January 16, 2008 N KG-A40 / 12451-07). In any case, a power of attorney in a foreign language must be accompanied by a notarized translation into Russian (Part 2, Article 255 of the Arbitration Procedure Code of the Russian Federation).
Conclusion: the need to affix an apostille (legalization) on a power of attorney issued by a foreign company abroad is in some cases controversial. However, considering judicial practice, it is recommended to certify a power of attorney from a foreign company with an apostille (legalize) in all cases, except for those when there is international agreement canceling additional certification, as well as those when the power of attorney was issued in Russia.
S. L. Budylin
Senior lawyer
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What form of power of attorney should be for the sale of an apartment owned by a citizen of the Russian Federation and a citizen of a foreign state, the apartment is located in the city of St. Petersburg, and a citizen of a foreign state is not located on the territory of the Russian Federation.
Answer
Hello Yana.
To issue a power of attorney, a foreign citizen who owns a share in an apartment can apply to the consular office of the Russian Federation in his country. He can issue a general power of attorney, a power of attorney to dispose of his share, a one-time power of attorney to sell a share in an apartment. The power of attorney must clearly state the purpose for which the power of attorney is issued. It must indicate the date and place of the power of attorney, the full names of both parties in the power of attorney, their dates of birth, the passport data of the parties, the place of residence, the validity of the power of attorney (if it is not specified, then the power of attorney is valid for a year). The consular institution draws up a power of attorney within ten days. If the power of attorney is drawn up in a foreign language, then its certified translation will be required. This can also be done by the consul if he is proficient in the language.
A power of attorney issued outside the Russian Federation must be legalized. This can be done either in Russia or in the country where the power of attorney is issued. When legalized in Russia, the power of attorney is certified by a consular office of a foreign state, and legalized already in Russia at the Consular Service Department of the Ministry of Foreign Affairs. When legalizing abroad, the power of attorney must be certified by the Ministry of Foreign Affairs or another authorized body, and then legalized at the consulate of the Russian Federation in a foreign state. Depending on which country the owner of the share in the apartment is a citizen of, legalization may not be necessary. Perhaps it is enough to affix an apostille, or to avoid these procedures altogether
It can be difficult for people who come to the Russian Federation to work to get permission for it themselves., and some firms or individual entrepreneurs are ready to meet them halfway. But the directors, who are representatives of the organization according to the charter, do not always have the opportunity to deal with such problems.
It is in these cases that individual workers are selected, powers of attorney are written in their names, and it is they who will have to process migrants in the relevant state structures in the future.
Document Form
- On the very first line in the middle - the word "Power of Attorney".
- Date of issue of the document, written in words.
- Information about the person who issued the document.
- A detailed and specific list of rights that are transferred to the attorney.
- Information about whether it is possible to authorize a third party.
- The expiration date of the powers of the trustee (without it, the agreement is considered void).
- Information about all.
- Signature and transcript.
- Information about the person delegating authority - full name, passport data, details of the document on the creation of the IP.
- Attorney data - full name, address of official registration and details of the identity card.
Where can I get a form?
Due to the fact that there is no sample for a power of attorney, each person writing such a paper is free to choose for himself which standard to follow.
How to write it?
To represent the interests of the organization
The most significant parts of such a power of attorney are determined in Part 4 of Art. 185.1 of the Civil Code of the Russian Federation, and for registration large companies often use letterheads with their own corporate design.
A legal entity acting as a trustee has the right to specify in the agreement whether it allows the right of the attorney to transfer his rights to someone else. If such permission is given and the person used it, then it is his direct responsibility to promptly notify the company of such an act.
An example of writing a power of attorney:
Power of attorney to represent the interests of the organization.
April nineteenth, two thousand and fourteen.
Moscow city.
LLC "Kitchen", PSRN 754015219131005, TIN 6634336000462, KPP 771306540643631, located at the address: Tverskaya street, house 51, room No. 3, represented by CEO Novikov Valentin Grigorievich, acting on the basis of the Labor Charter.
Authorizes citizen Sergey Fedorovich Ovechkin, born on February 24, 1974, passport: series 4156, number 782170, issued in department 741-652 of the district of Moscow on 06.12. 2013.
Represent the interests of LLC "Kitchen": pick up, receive, fill out documents in the Federal Migration Service, as well as certify them.
The power of attorney is issued for 1 year, valid until the nineteenth of April, two thousand and fifteen inclusive.
Without the right to transfer to third parties.
Director General of LLC "Kitchen" Novikov Valentin Grigorievich.
Novikov.
On the delivery of a notice when applying for a job
It also specifies as standard:
An example of competently filling out a clause on delegation of authority:
On behalf of the organization, deal with issues related to the submission of notices when applying for a job to the Office of the Federal Migration Service. Ovechkin S.F. has the right to provide, certify and collect the documents necessary for this procedure.
For migration registration
The structure here is similar to that given in the previous paragraph. This type of power of attorney is recommended to be notarized.
It is better not to allow vague wording in the registration permit - it is necessary to clearly state what actions in this process the authorized person has the opportunity to carry out.
An example of a block on the transfer of authority:
Authorizes citizen Ovechkin Sergey Fedorovich.
On behalf of the organization to deal with issues related to the migration registration of employees of the company. Ovechkin S.F. has the right to collect, provide, certify any types of documents necessary to complete the process of migration registration, as well as perform actions of a different nature within the framework of this procedure.
How long is the contract valid?
Considered do not differ from the standard for this document. And according to clause 1 of article 186 of the Civil Code of the Russian Federation the item on the period of relevance is not required to be filled in at all.
Article 186 of the Civil Code of the Russian Federation. Power of attorney term
- If the power of attorney does not specify the period of its validity, it shall remain in force for one year from the date of its execution.
A power of attorney that does not specify the date of its execution is void.
- A power of attorney certified by a notary intended for performing actions abroad and not containing an indication of its validity period remains valid until it is canceled by the person who issued the power of attorney.
In this case, the attorney will have prescribed rights for one year.
The maximum period that can be specified is 36 months.
Conclusion
Powers of attorney for any actions of employees of the organization in the FMS - specific or simply protecting the interests of the company - are very similar to each other and are not very difficult to write. This makes them effective way unload the leaders of the organization, shifting part of their concerns onto the shoulders of freer workers.
In our country, in order to transfer the right to carry out any actions for yourself to another person, you need to draw up a special document called a power of attorney.
Powers of attorney are used everywhere, as this is the only way to sign, receive or hand over documents for another person.
Do I need a power of attorney in the FMS from a legal entity
This is especially true for legal entities, since in the course of the activity of any organization one often has to apply not only to state institutions, but also to other companies, including those trading on domestic issues.
And, given that the representative of the organization is the appointed head, then only he has the right to carry out actions on behalf of the company, as stated in the order on his appointment.
Due to the impossibility of the head to spend his time on all issues where his signature is needed, in the organization, in addition, other people who have the right to sign can be appointed by order. As a rule, this is a limited circle of people who hold the most important positions, for example, the chief accountant. But this also does not solve the problem when it is necessary to carry out household transactions.
In such cases, a power of attorney comes to the rescue, which will give the right to an employee of the company to carry out any legal actions on her behalf. At the same time, it is important to know that in cases where a power of attorney requires notarization by individuals, this is not necessary for legal entities. In this case, the power of attorney is certified by the seal and signature of the head (sometimes the chief accountant), and this is enough for it to have its legal force.
Rules for drawing up a power of attorney from a legal entity to represent its interests in state bodies
Issuing a power of attorney is not a difficult process, since the state does not make any special claims to its execution, except for the standard ones: literacy, lack of errors and corrections. The form, although arbitrary, but in any company there are already well-established samples of such documents that are filled out if necessary.
It is important that the power of attorney has all the necessary data:
- the date of its creation;
- number of the power of attorney (serial number from the beginning of the year, as a rule);
- information about the principal: name of the company, full name head, his position, passport details;
- indication: on the basis of what he has such powers (usually on the basis of the Charter);
- details of the authorized person: full name, passport details;
- list of powers to be transferred;
- validity period of the power of attorney (maximum - three years);
- a sample signature of a trustee, which the principal certifies;
- signatures of authorized persons of the company (manager and, if necessary, chief accountant).
