Power of attorney to represent interests in court of a legal entity or individual entrepreneur

Basic rules for drawing up a power of attorney

There is no specially developed, unified form for representing interests in court, however, when preparing it, you should adhere to the standards established for such documents by the rules of office work.

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Legal entities can write a power of attorney in free form or using a special template. The main thing is that the document contains detailed information about the principal and his representative, as well as complete information about the list of rights and powers granted to the representative. The power of attorney can be written either with a regular ballpoint pen (the color does not matter here) or printed on a computer, but it must be certified by the original signatures of both parties.

A power of attorney is issued to any person, most often to a lawyer or chief accountant.

This document can be issued to another legal entity, or to a specific person. If the organization employs a lawyer, then the power of attorney is most often issued in his name, but if there is no such specialist, then the document can be issued to anyone else.

How to issue a power of attorney to participate in the general meeting of owners

According to Part 2 of Article 48 of the Housing Code of the Russian Federation, the representative of the owner of premises in an apartment building at a general meeting of owners of premises in the house acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local government bodies, or drawn up in writing voting proxies. The power of attorney for voting must contain information about the represented owner of the premises in the corresponding apartment building and the representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 3 and 4 of Article 185.1 of the Civil Code of the Russian Federation or certified notarized.

Clause 3 of Article 185.1 of the Civil Code of the Russian Federation establishes that a power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, or to receive correspondence, with the exception of valuable correspondence, can be certified by an organization in which the principal works or studies, and the administration of the inpatient medical institution in which he is being treated. Such a power of attorney is certified free of charge.

It follows from this rule that powers of attorney can be certified by the following persons:

• organization in which the Principal works or studies
• administration of the inpatient medical institution where he is being treated

ATTENTION! Clause 3 of Article 185.1 of the Civil Code of the Russian Federation does not include HOAs, housing cooperatives, or management organizations in the list of persons.

CONCLUSIONS:

1. Homeowners' associations, management companies, housing cooperatives, and residential complexes do not have the right to certify proxies for voting at a general meeting of owners.
2. Powers of attorney for participation in the general meeting of owners can either be certified by a notary, or certified by the organization in which the principal works, studies or is undergoing treatment.
3. Notarization is necessary if the owner is a citizen who does not work, does not study, and is not in a hospital, that is, does not have the opportunity to certify the power of attorney in accordance with paragraph 3 of Article 185.1 of the Civil Code of the Russian Federation.
4. Clause 4 of Article 185.1 of the Civil Code of the Russian Federation, a power of attorney on behalf of a legal entity is issued signed by its director or another person authorized to do so in accordance with the law and constituent documents.

Instructions for filling out a power of attorney to represent interests in court

Part 1. Parties and “body” of the power of attorney

You can conditionally divide the power of attorney form to the court into several parts.

The first includes basic information about the principal and his representative .

• At the beginning of the document you should write the city in which the power of attorney is issued and the date it was completed (in words or numbers).
• Then you need to enter the details of the legal entity: the full name of the principal company (indicating its organizational and legal status), where and when it was registered, OGRN, INN, KPP (this information is contained in the constituent papers), indicate the head of the organization (his position, last name, first name, patronymic) and on the basis of what document it acts (“Charter”, “Power of Attorney”, “Regulations”, etc.). If the power of attorney is written by an individual entrepreneur, then on the basis of the Certificate of State Registration (its number must be indicated).
• After this, detailed information about the authorized person who will represent the interests of the company in court is entered. First, indicate his last name, first name, patronymic (in full), passport data (series, number, when and by whom it was issued), registration address at the place of residence.
• The “body” of the power of attorney indicates the institutions for presentation to which this document was developed, as well as a full description of the rights that the representative of the principal company receives. The wording in this part must be correct and clear in order to prevent the court from refusing to recognize the power of attorney.

Part 2. List of powers and signatures of the parties

• We write a detailed list of powers and actions that the principal entrusts to the representative. It is advisable to indicate them in separate paragraphs or subparagraphs.
• Next, indicate the period for which the document was issued. The maximum duration of a power of attorney is not limited by law.

If the duration of the power of attorney is not specified, then it is automatically equal to one year.

It is necessary to include a line about the possibility of reassigning a power of attorney. If such a possibility is excluded, then this must also be indicated.

• Finally, the authorized person puts his signature , which is certified by the head of the trusting organization. He also signs the power of attorney and puts the seal of the organization. It should be noted here that as of 2021, legal entities are not required to use a stamp or seal, but many government agencies, including courts , still require them on documents.

How to compose correctly

A power of attorney agreement for a HOA meeting is drawn up for different cases. The most typical of them are for:

• state registration;
• participation in general meetings for voting;
• delegation to court.

The rules for its preparation and completion depend on the purpose of the document.

Power of attorney for state registration

The power of attorney form for the HOA meeting for state registration is always certified by a notary. Compilation requirements:

• written on plain paper;
• powers are specifically stated;
• a stamp is affixed;
• the date of compilation is indicated.

If necessary, the expiration of the power of attorney is indicated.

Power of attorney for participation in general meetings for voting

Such a sample power of attorney for a HOA meeting gives the selected person a number of powers that allow him to participate in the general meeting of the HOA and vote at it.

Compilation requirements:

• indicate the full name of an individual or the name of a legal entity;
• enter the person’s passport details or information about the company;
• indicate the residential address or legal address and the actual address of the organization.

According to Article 185 of the Civil Code of the Russian Federation, this power of attorney must be presented to the organization that is engaged in housing maintenance activities. Moreover, it must be located at the address where the person lives. You can also certify the document in:

• companies where the person works;
• the body where the person studies;
• medical institution (if at the time of drawing up the power of attorney the person is under treatment).

You can also always certify the deed using the services of a notary.

Power of attorney for representation in court

As in previous cases, there is no strict template for a power of attorney for a HOA meeting. But you should still follow the standard rules for drawing up and filling out. You must specify:

• document's name;
• date of compilation;
• Full name, date of birth, residential address, which relate to the representative and principal;
• transmitted list of powers.

Such a power of attorney must be notarized.

Aspects of the job description

The structure and other parameters of the job description are not enshrined in current legislation, so employers rely on standard document samples and office work principles. In accordance with them, instructions can be created in two types: standard and extended.

Standard instruction format:

• General section.
• Profile functions.
• Official powers.
• Parameters of possible liability.

This document format is most popular in medium and small organizations, as well as for describing the characteristics of mass professions.

In large organizations with numerous employees with varied tasks, the extended format is popular. It can add to the four standard sections:

• Features of the work.
• Performance evaluation criteria (KPI).
• Parameters for changing instructions.
• Prohibition on certain actions.

The extended option allows you to document many aspects of work activity, but reduces the flexibility of employees and their bosses.

Attention! The provisions of the instructions should not conflict with the parameters of the employment contract, which is considered the defining document for official relationships.

Main section

Main tasks of the section:

• Describe the general parameters of the employee’s activities.
• Fix the requirements for the qualifications of the applicant for the position, which will allow you to select employees of the appropriate level.

If the position provides for any specific requirements (medical examination, license, need for instruction on labor protection, etc.), then they are given in this part.

Functions

The manager's responsibilities specified in this section may vary slightly depending on the characteristics of the organization where he works. But this applies only to auxiliary duties - core duties remain unchanged. Management of subordinates, representation of the employer in contacts with other organizations and other similar characteristics are prescribed in any instructions for top managers.

The functions of compliance with fire safety rules, labor protection standards, document flow standards are separately specified - they are mandatory for almost any profession.

Attention! The characteristics of many professions are given in the relevant professional standards and sections of qualification reference books. Thus, the main parameters for the management of an HOA can be taken from professional standard 16.018, which describes the activities of the manager of an apartment building.

Responsibility

The process of bringing a manager to justice can take place in an administrative (within the organization) or judicial format, with the involvement of witnesses, lawyers, etc. In both options, the penalty is determined on the basis of the current regulatory framework, which has a significant scope and complexity. This circumstance prevents its full inclusion in the job description, therefore, in the section, potential responsibility is stated in a general form, with a small number of details.

Rights

Managers manage material resources, represent the organization in relations with third parties, and manage subordinates. All these powers, in the most comprehensive form possible, are described in this section. If the manager is provided with additional benefits (compensation for cellular communications, transportation costs, etc.), then they can also be described in this part.

Persons in managerial positions, such as the manager of an HOA, not only manage the activities of their subordinates, but also manage significant amounts of resources. Their illiterate actions can not only lead to damage to the organization, but also lead to its liquidation. A well-drafted job description, with its requirements for the qualifications and level of the manager, helps reduce personnel risks. To do this, it must go through a certain approval procedure. First of all, it is checked for:

• compliance with legal standards, in particular the provisions of labor legislation;
• absence of contradictions with internal rules and documents of the organization;
• compliance with the professional characteristics of a particular specialty.

The verification process includes consultations with a lawyer, the head of the HR department, and deputy heads of the organization. After the approval of the instructions has been successfully completed, the collection of signatures begins, taking place in accordance with the rules of internal records management. The final signature is placed by the employee for whom the instructions were created, agreeing with its provisions.

Can a legal entity delegate powers under a power of attorney issued to it?

Yes, maybe there are no restrictions on this either. Moreover, such powers of attorney do not require notarization.

However, it is more often practiced that a power of attorney with the right of subrogation is issued by a legal entity to its employee, for example, the head of a department, who, in turn, delegates the rights to individuals - his subordinates.

Such a power of attorney is also not certified by a notary, since it was originally issued from a legal entity and not from an individual (rulings of the Federal Arbitration Court of the West Siberian District dated July 16, 2014 in case No. A46-8229/2013 and the 8th Arbitration Court of Appeal dated April 28, 2014 No. 08AP-2065/2014).

When do you need a power of attorney from an organization to court?

Any legal dispute requires representation of the interests of its participants, whether individuals or legal entities.
Most organizations engage in contractual work every day, pay taxes, interact with clients, pay insurance premiums, and hire and fire workers. For each of these issues, a dispute may arise that will have to be resolved in court. Managers rarely participate in court hearings. They basically delegate authority to representatives.

In all cases of representation of a company’s interests in court by a lawyer, a power of attorney will be required, for example, if:

• you do not agree with the actions of your counterparties;
• you challenge the actions of government authorities, for example the tax authorities, regarding the assessment of taxes;
• a dispute has arisen with an employee, for example due to dismissal, non-payment of wages, or personnel error.
• clients went to court because they believe that the law has been violated and the organization is at fault;
• a dispute arose with the bailiffs;
• A car has been registered for the organization, and a fine has been received that you do not agree with.

There are a lot of situations when participation in court is required, and a professional lawyer will better protect the interests of the company.

What to pay attention to

If the power of attorney form for the HOA meeting is filled out incorrectly, it is considered invalid or void. The most common mistakes are:

• improper registration;
• damage to a document;
• lack of certification by a notary.

As mentioned above, it is not necessary to specify the expiration date of the power of attorney. According to the law (Article 186 of the Civil Code of the Russian Federation), the period is one year from the date of preparation. But if the deadline is specified, then the document, accordingly, will cease to be valid as soon as the designated date arrives. If the principal wishes, he can terminate the deed early. To do this, you will need to go through the appropriate legal procedure to revoke the power of attorney. If you carefully indicate all the required details, there will be no difficulties in accepting the paper. You can always download the power of attorney form for the HOA meeting to draw up the document using a ready-made template.

Which form to choose

The simplest power of attorney to receive goods and materials (materials and materials) can be drawn up using the unified form No. M-2 or No. M-2a. They are almost the same, the only difference is that form No. M-2 has a spine. It is needed for a log book, but whether to keep it or not is up to you.

Other powers of attorney do not have standardized forms.

If you decide to issue a power of attorney in your own form, do not forget to indicate:

— Date of compilation, preferably in words.

— The name of the organization that issued the power of attorney, its INN/KPP, OGRN, job title and full name of the manager.

— Representative details. For an individual: full name and passport details - passport number, by whom and when it was issued. For an organization: its name, INN/KPP, OGRN, job title and full name of its leader.

— The powers of the representative are as detailed as possible.

— The period for which the power of attorney was issued. If the period is not specified, the power of attorney will be valid for a year from the date of its preparation.

— Is it possible or not to transfer the powers of a representative to another person by way of delegation.

- Stamp, if any.

Template of general power of attorney for employee

Example of a power of attorney for the tax office