Instructions for drawing up a power of attorney for conducting business in court

In what cases are they recalled?

In Art. 188 of the Civil Code of the Russian Federation lists the grounds on which it is permitted to revoke a power of attorney from a representative:

• a citizen's refusal of authority;
• expiration of the document;
• cancellation of the order by the authorizing party;
• liquidation, reorganization of the legal entity that issued the order;
• death, recognition as incompetent or missing of the citizen to whom the order was issued or who issued the order;
• conducting bankruptcy proceedings against the principal and the authorized person, in which the person loses the right to issue documents.

The order is revoked before its expiration if:

• circumstances have changed and the principal intends to be present in the process or to collect and prepare documents;
• the representative has lost confidence for any reason.

The party that issued the document is not required to explain the reasons for its termination.

To represent the interests of the organization

Legal entities come to contact both government bodies and other authorities quite often. Usually the manager does not have the opportunity to personally deal with these matters, so he appoints a representative, writing out a trust document for him. The Federal Migration Service is no exception, where an authorized employee of a company can perform various legally significant actions. In most cases, a company seal and the director’s signature are enough, which allows you to do without visiting a notary’s office.

Sample

What powers of attorney cannot be revoked?

There are documents-orders that are issued to ensure the fulfillment of certain obligations. They are used in business activities and are registered by a notary. An indication of the impossibility of cancellation is contained in the text and is regulated by clause 2, art. 188.1 of the Civil Code of the Russian Federation. Such trust deeds are issued for an unlimited period. They indicate the circumstances after which the order ceases to be valid or is cancelled. It is allowed to revoke a document if:

• it is used to commit fraudulent activities;
• errors have been identified in it;
• the authorized party violates the terms of use.

Power of attorney for a current account.

Legal entities have current accounts in banks. Payments are made through them, money is deposited/withdrawn, etc. If the manager or owner of the business is most often present when opening an account, then all subsequent operations may well be carried out by a trusted person. Usually this is a deputy manager, accountant, husband/wife (in a joint business), etc. In all cases, you need to draw up a notarized power of attorney with a detailed description of the powers.

How to revoke a certified power of attorney

The service “Checking powers of attorney by details” has been launched in the Unified Information System of the Federal Notary Chamber. Its work is regulated by FNP Letter No. 674/01-01-2. The parties to the document are both individuals and legal entities. The act of commission implies an unlimited amount of delegated powers to third parties to carry out transactions with the property of a legal entity and an individual.

IMPORTANT!

From 2021, a notarized document can only be canceled through a notary! If it was drawn up in free form, the principal himself decides how to formalize the cancellation: in free form or notarized.

Here are instructions on how to revoke a notarized power of attorney to represent interests:

1. You must contact any notary in the Russian Federation with a copy of the revoked document.
2. The trusting organization provides constituent documents, a certificate from the Unified State Register of Legal Entities and confirms the authority of the person preparing the review.
3. It is necessary to fill out a standard application for cancellation, indicating the details of the act being canceled.

Actions of a notary:

1. Accepts the application for cancellation.
2. Makes a corresponding entry in the Unified Electronic Register of Powers of Attorney of the Unified Notary Information System (UIS).

One day after the entry is made, authorized persons and organizations are considered informed, and their powers are terminated. The stage of notifying all interested parties when canceling a document is no longer present in the procedure as mandatory.

Since the introduction of the register, all organizations and institutions registering transactions carry out the verification procedure:

1. Enter the details of the submitted powers of attorney and the person who certified them.
2. Receive information about the status of the document.

Components of a power of attorney

The paper is quite simple. It is filled on one side. To fill out correctly, the following data must be located on the page from top to bottom:

• The name of the document without numbering (in the organization’s journal during registration, they are numbered consecutively).
• On the left side is the city of signing, on the right is the date of this operation.
• The full name of the legal entity with its details: OGRN, INN, KPP (if it is an individual entrepreneur, the details will be different, in addition, a notary mark will be required).
• Address of the legal entity.
• Full name of the head of the organization as his representative.
• On the basis of which document does the manager act?
• Full name and passport details of the person for whom the power of attorney is issued. If possible, the position of the employee of the organization is indicated.
• In which particular Federal Migration Service (which city) will the authorized representative carry out transactions. A power of attorney can be issued for a representative office in all Federal Migration Service departments in the country, but this is risky, since the employee may exceed his authority.
• What powers does the manager give to the attorney?
• Which foreign citizens receive documentation from the Federal Migration Service through this organization (if there are more than three, then it is more convenient to provide information about full name, date of birth, passport number and country of arrival in the form of a table).

• The period for which the power of attorney is issued.
• Does the attorney have the right to delegate his powers to any other person. If this phrase is not in the text of the document, then this right will be automatically assigned to the attorney.
• Signature of the manager, seal of the organization, signature of the attorney.

How to revoke an unauthorized power of attorney

Since 2021, 332-FZ dated 07/03/2017 has changed subclause 2 of clause 1 of Art. 188 of the Civil Code of the Russian Federation, which clarified whether it is possible to revoke a power of attorney from a notary if it is issued in simple written form. Now it's possible. The principal himself decides which of the two methods to choose:

1. In free form.
2. Through a notary. Follow the instructions on how to revoke a notarized power of attorney for an individual or organization.

It is easier to cancel an order that has not been notarized. Here are instructions on how to cancel in free form if the document was issued by an individual:

1. A notice of document cancellation is drawn up in free form.
2. The notification is delivered to the representative personally against his signature or by mail with notification.
3. Third parties are notified in writing, with confirmation of notification.
4. The trustee must return the deed of guarantee.

Instructions for revocation by a legal entity:

1. The organization issues an order to cancel it and notifies the authorized party.
2. The representative submits the power of attorney and registers this in a special journal.
3. If it is impossible to notify the representative, the notification is published in the State Registration Bulletin or Kommersant. The document loses its legitimacy after a month from the date of publication.

What can you register with the migration service using a power of attorney?

Employment of foreign citizens in the Russian Federation must be formalized in accordance with current labor and migration legislation. To do this, you should contact the regional division of the migration department of the Russian Ministry of Internal Affairs. If the foreigner is registered at the address of the organization, then it is the receiving party. In this regard, it is obliged to comply with the established procedure for attracting and using foreign labor. Legally, only the head is the representative of the organization. In order to transfer the authority to represent the interests of accepted employees and to issue work permits, he issues a power of attorney for migration registration of foreign citizens to another person - an employee of the organization or a freelance specialist.

The authorized representative shall draw up:

• registration for migration (including after business trips abroad);
• work permit;
• extension of work permit;
• filing an application to hire a highly qualified foreign specialist.

Specific actions that the authorized person has the right to perform are listed directly in the document (submit applications, sign and receive documents, etc.).

When a document is revoked

The termination period for all types of agency documents is determined as follows:

• if the notice of cancellation (simple written and notarized) is sent by a notary, its validity period ends the next day after contacting the notary and posting the information in the register (clause 1 of Article 189 of the Civil Code of the Russian Federation as amended by Law No. 332-FZ);
• if the notice of cancellation in simple written form was sent to the trustee and third parties without notarization, by mail with notification, its validity period ends on the day of receipt;
• sub entrustment terminates in the event of cancellation of the main power of attorney (clause 3 of Article 188 of the Civil Code of the Russian Federation).

Filling example

How to report that permissions are no longer valid

It is in the organization's best interest to communicate that the document is no longer valid to avoid problems in the future.

If the review is made in simple written form, the principal has the right to publish the information in any official publication in which information about bankruptcy is published. For example, in the newspapers “Kommersant” or “Bulletin of State Registration” (clause 1 of article 28 of Federal Law 127-FZ of October 26, 2002, part 2 of article 3 of 30-FZ of March 12, 2014 and Government Order 1049-r dated 07/21/2008). But to do this, the signature on the application for the revocation of authority will have to be notarized. One month from the date of publication, all third parties are considered notified.

If you follow the instructions on how to revoke a general power of attorney certified by a notary, you do not need to do anything additional. The notary himself will enter information into the special register of notarial actions of the Unified Notary Information System. Anyone can check the document and see that it is not valid. Access to the register is free and free.

Who can you trust to receive your salary?

If it is impossible to receive wages, a self-employed citizen can issue a power of attorney to another person.
You can only grant such authority to a legally capable person whom you trust. This person could be, for example, a relative, friend or colleague. It is also possible to issue a power of attorney with the right of substitution, however, we do not recommend issuing such a document in case of receiving a salary.

The person to whom the power of attorney was issued to receive wages is responsible for the funds received until they are transferred to the principal.

Deposits and powers of attorney.

A bank can issue a simple power of attorney to dispose of a deposit, where the depositor indicates a list of transactions that he allows a third party to perform. This can be a withdrawal of the entire amount or part, only a replenishment, or only receiving statements, closing an account, or all transactions at once. If a trusted person wants to open a deposit, then a notarized power of attorney will be required for this. A bank card is issued to an open account/deposit and has a limited area of ​​validity, for example, it can only be valid in the branch that issued it.

Only its owner can manage his account or deposit. Relatives do not have sharing rights. So, if the husband opened the deposit, then the wife cannot withdraw money without him. If the spouses have decided to jointly manage the deposit, then this requires a power of attorney: notarized or bank. It can register without the mandatory presence of a trusted person. It is important that the data of the principal and the authorized person in the power of attorney completely coincide with their identification documents. This also applies to the signature. If there is a discrepancy in service under a power of attorney, they may simply be refused.