Power of attorney for a representative of a foreign company in the Russian Federation. As a rule, foreign organizations enter into transactions and perform other actions on the territory of the Russian Federation through local representatives acting under a power of attorney certified abroad. This circumstance does not exclude, however, the need to verify the powers of the body or official who issued a power of attorney on behalf of a foreign organization to perform the relevant legally significant actions in Russia, since the powers of the representative are directly derived from the powers of the principal: no one can delegate more powers than he himself possesses. The only exceptions are cases where the representative's power of attorney was certified as part of an extended public law procedure, since in this case the notary or other public legal entity abroad has already verified the authority of the body of the foreign organization to transfer the right to conclude a transaction to the representative

Russian notaries quite often face in their professional activity with powers of attorney made abroad, as well as themselves at the request stakeholders certify powers of attorney for use abroad. It is with regard to powers of attorney issued abroad that the question most often arises of their equivalence to the requirements of a notarial form established by Russian law. Including this is due to the imperative norm of paragraph 1 of Art. 185.1 of the Civil Code, which requires notarization of powers of attorney for transactions in a notarial form and for the disposal of rights registered in state registers. Consequently, the validity of the latter depends on compliance with the notarial form of the power of attorney when making such transactions. However, such rules are not in force in all countries of the world, which can give rise to problems related to the recognition on our territory of the validity of foreign powers of attorney that do not comply with the imperative requirements of Russian law.

The issuance of a power of attorney may not be accompanied by the conclusion of an agency agreement or other agreement between the principal and the representative. In this case, to determine the law applicable to the relations of representation and in the absence of special rules of an international treaty, the conflict of laws rules of Art. Art. 1217, 1217.1 of the Civil Code. In particular, since the issuance of a power of attorney is a unilateral transaction, the law of the country where the place of residence or the main place of activity is located at the time of the unilateral transaction the party that assumes obligations under a unilateral transaction, i.e. representative (Article 1217 of the Civil Code). At the same time, the legislator additionally specifies this norm in relation to the issuance of a power of attorney, providing for a number of conflict of laws rules in paragraphs 2 - 4 of Art. 1217.1 of the Civil Code, namely:

• Firstly, the main principle of determining the applicable law is its choice represented in the power of attorney, unless otherwise follows from the law. But such a choice is valid only to the extent that the third party and the representative have been notified of it. The optimal situation here seems to be when the law applicable to the relations of representation is directly indicated in the text of the power of attorney;
• secondly, if the applicable law is not chosen by the representee or the law chosen by him is not subject to application, then the relationship between the representee or representative and a third person is determined by the law of the country where the representative's place of residence or main place of activity is located. In the event that a third party did not know and should not have known about such a place of residence or activity of a representative, the law of the country where the representative acted predominantly in a particular case shall apply;
• thirdly, if a power of attorney is issued to make a transaction with real estate, entailing state registration of rights under it, the law of the country where the real estate is entered in the state register is applied;
• fourthly, the law of the country at the place of the trial or arbitration is applied to the relations of representation by judicial power of attorney.

Important in the practice of using a power of attorney in international circulation is the delimitation of the range of issues that are resolved on the basis of the law applicable to representation relations. To date, the legislator has defined a list of such issues, in particular:

1. availability and scope of powers of the representative;
2. the consequences of the representative's exercise of his powers;
3. requirements for the content of the power of attorney;
4. validity period of the power of attorney;
5. termination of the power of attorney, including the consequences of its termination for third parties;
6. the admissibility of issuing a power of attorney in the order of substitution;
7. the consequences of the transaction in the absence of authority to act on behalf of the represented person or in excess of these powers, including in the event of subsequent approval of such a transaction by the represented person.

Form of power of attorney for a representative of a foreign company in the territory of the Russian Federation

By virtue of the direct indication of the second paragraph of paragraph 1 of Art. 1209 of the Civil Code, the form of a power of attorney is determined according to the same rules as the form of any other transaction. Thus, a power of attorney will be valid, the form of which satisfies at least one of the following laws:

1. the law applicable to the relations of the parties of the representation on the merits;
2. the law at the place of the power of attorney;
3. Russian law, if the personal law of at least one party is Russian law.

In theory, such a wide range of conflict bindings, indicating the law applicable to the form of a power of attorney, should exclude situations in which it can be invalidated for formal reasons. We repeat that the most convenient and widespread in practice is the execution of transactions, including powers of attorney, in accordance with the law of the country at the place of their execution.

It should also not be forgotten that international treaty specific rules for determining the law applicable to the form of power of attorney may be established. For example, in accordance with Art. 40 of the Minsk Convention, the form and validity of the power of attorney are determined by the legislation of the Contracting Party on whose territory the power of attorney was issued. The Minsk Convention does not provide for other alternatives.

If the notarial form of a power of attorney is mandatory by virtue of Russian law, then in practice it is desirable to certify such a power of attorney abroad by a competent notary or other person authorized abroad. Wherein general rules notarial or other public proceedings abroad must generally comply with the norms of Russian law, which, as a rule, takes place in the countries of the so-called Latin notaries. In other cases, it is advisable to certify the power of attorney by the consul of Russia in a foreign state.

POWER OF ATTORNEY FOR A REPRESENTATIVE OF A FOREIGN COMPANY IN THE TERRITORY OF THE RUSSIAN FEDERATION

___________________, _______________
(locality, date of issue of the power of attorney)

The company "____ (full name) ____", represented by _____ (position, full name) ______, acting on the basis of _________________, hereby authorizes _______________, (passport: series ______ N _________, issued by ______________ "__" _______ ____ g ., subdivision code ______________), residing at: _________________, represent the company "___________" in the territory Russian Federation and do the following:
- conclude any transactions and sign on behalf of the company "____________" contracts and other necessary documents related to the activities of the company "________", open settlement, currency and other accounts in banks and other credit organizations in the Russian Federation and dispose of in cash;
— represent the interests of the company "________" in relations with state, public and commercial organizations in the Russian Federation in connection with the activities of the principal;
— conduct on behalf and in the interests of the company "____________" any civil cases in all judicial instances (courts of general jurisdiction, arbitration and arbitration courts), including when considering cases on the merits, as well as in the appellate, cassation and supervisory instances with all rights which are provided by law to the plaintiff, defendant, third party, victim, including with the right to sign a statement of claim and recall statement of claim, applications for securing a claim, referral of a case to an arbitration court, changes in the subject matter or grounds of a claim, recognition of a claim, full or partial waiver of claims, conclusion of a settlement agreement, signing an application for review of judicial acts due to newly discovered circumstances, appealing a judicial act of an arbitration court, presentation for collection and withdrawal of a writ of execution, appealing against the actions of a bailiff, with the right to collect, prepare and receive any documents necessary for the execution of this order, the signatures of all required documents and performing all necessary actions related to the execution of this assignment, including the right to receive the awarded property or money.

The power of attorney was issued for a period of ______ (no more than three years) __________ with the right (without the right) of substitution.

I certify the signature of the representative ____________________________________.

_____________________
(job title)

Company "__________________" ______________/______________
(FULL NAME.)
M.P.

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 data;
• 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).

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 of the Fundamentals of the Legislation of the Russian Federation on Notaries, the consul has the right to testify the correctness of the translation from one language into 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 refused.

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:

1. Place of commission (prescribed in full - city, region, region, village, etc.).
2. Date of issue of the power of attorney, in particular the day, month and year (written in capital letters).
3. 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?

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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 of an official, his status and, in appropriate cases, the seal of an authorized state body on documents and acts in order to use 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 informed about the change of the authorized person 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):

1. Registration date. It is advisable to write it in words.
2. The person who issued the power of attorney, in free form (principal).
3. 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.

4. 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.

To carry out the instructions of an individual or legal entity in law enforcement agencies, FIU and other state and trade organizations power of attorney is required. This document authorizes the intermediary to transfer, receive papers and sign on behalf of the principal. Often issued legal entities, since the manager has to regularly contact state and other structures. In the case of IP, notarization may be required. Available for download at the end of the article exemplary sample.

In order to conduct legal operations on behalf of the company, the employee is issued a power of attorney to represent interests in the Federal Migration Service. The template is available for download below. It is considered valid when it bears the signature of the head and the seal of the organization.

Important! For powers of attorney issued by legal entities, notarization is not required.

There is no single pattern. Key content requirements are the absence of spelling errors and corrections. The following information is entered:

1. Date of preparation.
2. Number (this paragraph usually indicates the serial number in current year).
3. Principal data - company name, full name of the managing person, series and number of the passport.
4. The basis for the transfer of powers (in most cases, the Charter acts as the basis).
5. Representative data - full name, passport details.
6. List of delegated powers.
7. Validity.
8. Representative signature sample.
9. Leader's signature.

What is the difference between a document and the name of an individual

A receipt for representing the interests of an individual in law enforcement agencies, the police or the prosecutor's office also does not have an established form. In general, the form contains the same items.

1. Date of signing.
2. Information about the principal - full name, series and passport number.
3. Information about the intermediary - also full name. and passport information.
4. Validity.
5. The list of operations that are included in the powers of the representative.
6. Signatures of the parties.

Important! In some cases, representation in law enforcement agencies is possible only after notarization.

If a legal representative (guardian) acts as an intermediary in court, it is not necessary to draw up documentation for him.

When signing, it is important to clearly state the powers of the attorney in the content. This will eliminate the possibility that the intermediary will carry out transactions that the principal wants to keep. Also, the attorney himself will not have any doubts about the legality of his actions.

Representation in the Pension Fund

A power of attorney will also be required to execute an order in the FIU. The authorized person has the right to receive and submit documents, submit reports and perform other actions. There is no unified form for the PFR; it is prepared in simple written form. The content contains the same information as in the receipts for representation in the bodies.

In order for the documentation for the FIU to be valid, the signature of the head and the seal of the organization are sufficient for a legal entity. For an individual entrepreneur or an individual, a notary's mark may be required.

Important! Sometimes for the PFR, the Federal Tax Service and the FSS, it is allowed to draw up one copy for the execution of instructions in the tax authorities.

To authorize the intermediary to receive papers and perform other actions on behalf of the principal in the FIU and other structures, you need to prepare a receipt. One of the main requirements is to indicate the date of signing. Without this, the form will not take effect. Then you can download the sample and enter your data into it.

To obtain the MC, we issued a power of attorney to a person whose cat is not registered with us, we have the right, and there is a power of attorney for this. The question is that this man is a citizen of Ukraine! Can any questions arise and from whom? Can they not attract us from the other side that we use the labor of foreign employees without formalizing labor relations with them?

A power of attorney can be issued to any individual, including a foreigner, and not just to someone who is an employee of the organization. The fact that a person receives goods and materials by proxy does not indicate the presence labor relations. But it is not at all excluded that the inspection qualifies such relations as labor relations (for example, if a person receives goods and materials on an ongoing basis). In this case, she will have to prove the existence of an employment relationship - for this she needs to collect a body of evidence, and not just a power of attorney.

Four innovations in the procedure for issuing a power of attorney First. From September 1, 2013, the period for which a power of attorney can be issued is no longer limited to three years. Accordingly, a document can be issued for at least five years, at least for 10, the main thing is to prescribe it. If the validity period is not indicated in the power of attorney itself, then it is valid for a year from the date of issue (). And the date of issue of the power of attorney is required. Second. The seal is no longer a mandatory requisite, it is enough to certify the power of attorney with the signature of the head. Third. Powers of attorney issued by way of substitution no longer need to be certified by a notary if the substitution takes place between legal entities (Clause 3, Article 187 of the Civil Code of the Russian Federation). Fourth. Appeared the new kind powers of attorney - irrevocable (Article 188.1 of the Civil Code of the Russian Federation). Any power of attorney can be revoked during its validity period. However, it can be prescribed that the power of attorney cannot be canceled before the expiration of its validity period, or cancellation is possible only in cases specified in the power of attorney itself. Also, an irrevocable power of attorney can be canceled after the transaction for which it was issued is completed or the authorized person abuses his powers and uses the document not in your interests. How to cancel a power of attorney is stated in the Civil Code of the Russian Federation.

Note that the person who presented the power of attorney must sign the invoice, which is issued for the shipment of goods. The accountant of the selling organization enters the details of the power of attorney into this invoice, and the power of attorney itself pins to the second copy of the invoice remaining with the company.

In the event of any claims from the buyer regarding the quantity of goods, these documents help the seller to confirm that he has transferred all the property to an authorized person. Thus, he disclaims responsibility, and the buyer must bring a claim already to his trustee. Moreover, this rule applies not only to the purchase and sale, but also to any other transactions when there is a transfer of values ​​(commission, loan, rent, etc.). Thus, a properly executed power of attorney is a guarantor of the authority of the person to whom it is issued, and allows the participants in the transaction to work with this person without fear of possible misunderstandings.

SIMPLIFIED HANDBOOK. YULIA SEMENOVA