Power of attorney from the General Director for the right to sign


What is a power of attorney for the right to sign documents, and what types exist?


The Civil Code states that a trust document can be considered official only if it is drawn up on paper. Here it is necessary to note the powers and duties assigned to the attorney. One party transfers this document to the other to present a power of attorney to a third party. Here you need to indicate which documentation is allowed to be signed by an authorized employee. The power of attorney has three options:

  1. One-time . It is used in cases where there is a need to carry out a specific transaction by proxy. After signing the document, this power of attorney ceases to be valid automatically. It may indicate the period after which the document will be cancelled. It is also allowed to enter an action after which the power of attorney will automatically lose its legal force.
  2. Special . This power of attorney can be used more than once. Typically, this type is drawn up for signing various documents within the same order.
  3. General . This document gives the attorney broad powers. If he must represent the interests of his company in various areas, he cannot do without a general. The owner is allowed to work with important documentation when making large transactions.

( Video : “How to transfer the right to sign primary documents”)

Who and to whom can issue a power of attorney for the right to sign

Absolutely anyone has this opportunity. The document can be issued by a private person. But such situations are not common compared to organizations. Most often, a power of attorney is issued by a legal entity. Employees of the organization usually act as attorneys. Often these are responsible persons, for example, an accountant, head of a department, etc. Although the function of an attorney can be performed by any employee. Filling out the form is often the responsibility of the secretary. After entering the data, the form is submitted to the director for signature.

Cases cannot be excluded when the representative himself is forced to write out a power of attorney. However, these powers can only be granted by the manager. Permission to transfer is indicated in the permit document. Of course, the head of the company is allowed to do this. But this opportunity is used extremely rarely. This is due to the fact that the document authorizing the transfer of trust must be notarized. Naturally, in this case the director will have to personally visit the notary’s office, which is not always convenient.

If a transfer of authority is needed, the manager just needs to issue a new document for the second employee. In order not to think about it, you need to write out a power of attorney; several of them are issued at once, for each of the employees. Typically, the responsibilities of each employee are spelled out here.

Power of attorney form

Based on the list of situations in which a power of attorney is required to sign contracts for a director, we can conclude that managers issue them to lawyers, accountants, and heads of departments in accordance with the duties performed. Powers of attorney are drawn up by the organization's clerk or lawyer, signing them with the manager.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Main features of a power of attorney for the right to sign

It is customary for this power of attorney to be confirmed by a notary. It is usually used to receive goods, equipment, and other valuables transferred between partner companies. But under certain circumstances, you cannot do without visiting a notary. For example, such a need arises when a representative plans to visit the police, court, and various budget institutions. Sometimes an organization asks the manager to draw up a notarized power of attorney. This happens when the director of the company cannot appear in person, and his representative will take part in a transaction for a fairly large amount.

As for the filling rules, here you can use a template approved by the head of the company, or simply draw up a document on a sheet of paper. Here you can also use computer typing, or filling out the document manually. Regardless of which option was chosen, a live autograph of the manager is required. Do not forget that the more powers the attorney has, the more information is provided.

How to write a power of attorney for the right to sign documents

When filling out the form, you need to take into account all the important information:

  • Document number assigned by internal document flow;
  • Name;
  • Date and place of compilation;
  • Information about the granting organization;
  • Information about the general director;
  • Full information about the representative;
  • Validity;
  • Documents permitted for signature;
  • Is a representative allowed to draw up a deed of power for third parties;
  • Signatures with transcripts, date of completion.

The law does not provide for the attorney's autograph to be present here. In fact, he is simply assigned certain responsibilities and that’s it. But if you carefully understand this issue, you can understand that if the attorney is not aware of such actions, or he does not want to accept such obligations, then there is simply no point in drawing up a power of attorney. That is why the attorney’s signature is usually affixed to the power of attorney. This means that the employee assumes certain obligations.

Who issues a power of attorney and in what cases?

The general director of the company has the right of first signature. The manager acts based on the provisions of the charter. There is no additional need to formalize his powers (Article 40 of Law 14-FZ of 02/08/98). This point of view was confirmed by the Supreme Court of Russia in Resolution No. 25 of June 25, 2015. Since the constituent document does not indicate the personal data of the top manager, confirmation of the status is an extract from the Unified State Register of Legal Entities.

The charter of a business company may provide for an alternative mechanism. The founders grant the right to sign documents and act on behalf of the company without additional identification to several top managers. In this case, information about each manager is entered into the state register. The principle of plurality of directors is enshrined in Article 53 of the Civil Code of the Russian Federation.

Important clarifications regarding the right of first signature were given by the Central Bank of Russia in instruction No. 28-I dated September 14, 2006. The regulator indicated who else in the company has the authority to certify documents. The chief accountant of the company was recognized as such an official. Subsequently, the instructions became invalid due to the publication of rules No. 153-I. However, the approach has not changed.

The absence of references to other employees in regulations does not limit society in choosing a representative. The issuance of a power of attorney may be carried out at the discretion of the director. The right to sign business documents may be given to any legally capable person. The absence of requirements for experience, employment, or education allows you to delegate functions to almost anyone. In practice, these include HR inspectors, lawyers, cashiers, warehouse managers, and secretaries.

Note! Article 185 of the Civil Code of the Russian Federation mentions the assignment of status to a “person”. The legislator does not make any clarifications. Authorization can be obtained by both individuals and legal entities.

Main features of a power of attorney for the right to sign

The power of attorney can be general (with unlimited powers); special (for carrying out instructions during a designated period) or one-time (for the implementation of one specific task).

If a power of attorney is filled out to sign strictly defined documents, they must be entered very clearly, preferably each document as a separate subparagraph.

A power of attorney can be presented to any organization: both government (courts, tax inspectorates, post offices, extra-budgetary funds, etc.) and commercial (banks, other organizations and enterprises).

There are no clearly defined standards for filling out a power of attorney; however, when drawing it up, you must follow the basic rules recommended in office work when issuing documents of this kind. Among other things, a power of attorney for the right to sign documents must necessarily include information about the principal and personal information about the authorized person. The validity period of the power of attorney and signatures of both parties must also be indicated here.

It should be noted that the broader the powers of the trustee, the more detailed information about the parties should be included in the power of attorney.

When is it necessary to register

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A power of attorney for the right to sign contracts for a director is required so that a third party can complete a transaction in situations where the director cannot personally be present at the signing.

The authorized representative requires the right to sign:

  • to prepare documents that require the signature of the manager;
  • to provide reporting to tax and other government authorities;
  • for signing contracts, the consideration of which does not require delay;
  • to approve commercial proposals received by the organization;
  • for signing documents on the issue of remuneration of employees.

To whom can a power of attorney for the right to sign documents be issued?

To formalize certain business transactions carried out by the company, a package of supporting documentation is provided. The presence of this package allows you to maintain and correctly prepare accounting records. The papers included in the above package are usually called “primary accounting documentation”.

The legal force of these papers is confirmed by the signature of the official authorized to carry out these procedures. Organizational and administrative documentation and accounting policies of the enterprise determine the list of such persons.

Often the position held by an employee determines the range of his powers. In other cases, these powers must be defined and ratified by an appropriate order or duly executed power of attorney.

A person who has sole executive power, i.e. the head of the enterprise has the priority right to sign business papers belonging to the category of primary documentation. This right is enshrined in Bank of Russia Instruction No. 153-I dated May 30, 2014.

The accountant carrying out accounting has the right of second signature. By appropriate order or written instruction, the manager can delegate rights and powers to another employee of the company.

The fundamental difference between an order delegating authority and a power of attorney for the right to sign is that the order must be issued to a specific official and its validity period extends to the entire period of validity of the employment contract. In turn, a power of attorney can be issued to any employee, regardless of the position he occupies, and the validity period of this document will be limited.

It is important to clearly understand that the right of the first and second signature cannot belong to one official. If the general director entrusts the chief accountant with the right of first signature, then this action will be illegal.

How to draw up a power of attorney for the right to sign documents

There is no statutory sample of a general power of attorney for the right to sign. The document is drawn up in any form. However, legislation may establish a requirement for mandatory notarization of a power of attorney.

  • At the very top of the document the word “Power of Attorney” is written and the number of the power of attorney for internal document flow is indicated, if necessary. Below, in one line, the locality in which the document is drawn up and the date of its completion (day, month (in words), year) are indicated.
  • Next, you should enter the details of the legal entity-trustor : the full name of the enterprise (indicating its organizational and legal form), OGRN, INN, KPP (can be found in the constituent papers of the organization), its legal and actual address.
  • Then we fill in the position of the employee on whose behalf this document is being drawn up. Usually this is a director, general director of an organization or a person authorized to sign such papers: his last name, first name, patronymic (first name and patronymic can be indicated as initials), as well as the document on the basis of which the principal acts (as a rule, in this document) should be indicated. The line is written “Based on the Charter”, “Power of Attorney” or “Regulations”).
  • Now personal information about the principal. Here you enter his last name, first name, patronymic and identification document (name, series, number, when and by whom it was issued), registration at the place of residence.
  • The next part of the document contains a detailed description of the powers that the principal entrusts to the authorized representative: here you need to enter a complete list of documents that the representative has the right to sign.
  • Then the period for which the power of attorney was issued is indicated. In the appropriate line you should enter the date until which the power of attorney is valid. Here you can specify any period, but if there are no specific numbers, then the power of attorney will automatically be considered valid for a year from the date of signing.
  • After this, you need to indicate whether the representative has the right to delegate his powers to anyone.
  • Next, the authorized person puts his signature , which is certified by the head of the organization. The latter also signs the power of attorney and puts the seal of the company .

It must be said that starting from 2021, legal entities are not required to use seals when preparing documents.

Step-by-step instructions: how to compose?

  1. As already mentioned, at the top is “POWER OF POWER”.
  2. City (town, etc.) in which the document is executed.
    Moscow city.
  3. The date of its creation (according to Article 186 of the Civil Code of the Russian Federation, without this clause the paper is invalid) (indicated in words).
    The eighteenth of July two thousand and seventeen.
  4. Information about the person represented: write your full name .
    Polyakov Igor Vitalievich.
  5. Place of residence (as registered in the passport).
    Registered at the address: Moscow, Runovsky Lane 5a, 12.
  6. Details of the identity document (series, number, date of issue, code of the department that issued the passport).
    Series: 6521, number: 782501, date of issue: 06/25/2009, department code: 742-056.
  7. Representative details. For an individual they are identical to those indicated for the principal . If powers are granted to an organization, it is written:
      Type (LLC, KT, etc.).
  8. Full title.
    OOO "Deal"
  9. OGRN and TIN contained in the documents.
    OGRN: 4580037900412.

    INN: 744919220562.

  10. Real and legal locations.
    City Moscow, Tverskaya 14, 76.
  11. Full name and position of the manager who will actually deal with the endorsement instead of the person being represented. Saltykov Egor Alexandrovich.
  12. A detailed list of papers on which the attorney receives the right to sign (including permission to sign papers to resolve problems that arise during the conclusion of the main agreement).
    The attorney has the right to sign on my behalf on absolutely all papers related to the purchase of garage No. 5 in GSK No. 123 and with the entrance to the garage cooperative.
  13. Possibility/impossibility of a representative entrusting his rights to a third party (Article 187 of the Civil Code of the Russian Federation).
    The power of attorney was issued without the right of delegation to third parties.
  14. The period for which the authorized person is granted powers .
    If you ignore this field, the power of attorney will be valid for exactly one year. The power of attorney is valid for two years, until the eighteenth of July, two thousand and nineteen.
  15. Personal signature of the principal.
    Polyakov.

Read more about where to get a sample power of attorney to sign and how to fill out the form here.

We have prepared materials on what is a power of attorney for the chief accountant for the right to sign and for signing acts of work performed and about a power of attorney for the director.

In what cases is a power of attorney required to formalize a primary document?

Heads of companies, especially large ones, are very busy people. And, as a rule, they do not have time to sign all the documents drawn up at the enterprise. Such powers are usually transferred to the deputy, chief accountant or heads of departments. In order for the documents signed by these employees to have legal force, it is necessary to draw up a power of attorney for the right to sign the primary documents.

Its form is not approved by law, therefore, when drawing up, you should be guided by the general requirements of the law (in particular, Article 185 of the Civil Code of the Russian Federation).

Results

The director has the right to entrust the signing of documents on his behalf to another person, unless this is clearly prohibited by law. The list of powers of the director under a power of attorney should be specified in detail.

You can learn more about the procedure for delegation of powers in corporate legal relations in the articles:

  • “The right of the general director to sign for the chief accountant”;
  • “Order on the right to sign primary documents - sample”.

Sources:

  • Civil Code of the Russian Federation
  • Arbitration Procedure Code

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Power of attorney or order?

The question often arises: which of these two formats is better to choose for transferring authority?

Strictly speaking, the order is an internal document of the organization, and the powers granted by it apply only to its employees.

Therefore, it is advisable to choose the order format if you intend to entrust the employee with signing only internal documents. If documents will be transferred to external users (shipping notes, invoices, etc.), then it is better to use the power of attorney format.

Although, for example, from the point of view of the Tax Code, for the transfer of authority to sign invoices, these documents are equivalent (clause 6 of Article 169 of the Tax Code of the Russian Federation).

Clearly, in the format of a power of attorney, powers should be delegated to persons who are not on the company’s staff (for example, employees of an outsourcing company that provides accounting services).

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Compilation rules

When compiling it yourself, it is important to display all the necessary information. The power of attorney to sign documents must include:

  • name, as well as number assigned in the internal document flow of the enterprise;
  • the place where the act was drawn up. Usually a city or other locality is indicated, without the full address of the organization;
  • details of the principal. Since it is a legal entity, it should be noted: the name of the company;
  • OGRN;
  • checkpoint;
  • TIN;
  • address.

If compiled on behalf of a specific official, the following information should be entered:

  • Full name, passport details, registration address at the place of residence;
  • personal data of the citizen who will represent the interests. Necessary to identify a representative of the organization;
  • a list of powers that a trusted person can perform. Usually this is the right to sign instead of a manager, chief accountant or other employee. You can also include a list of documentation that the specified citizen can visa;
  • validity. If the exact period of time is not specified, according to the general rules it is a year, in accordance with Article 186 of the Civil Code of the Russian Federation;
  • the possibility or impossibility of reassignment;
  • date of compilation.

If a power of attorney is drawn up for printing and signature, this nuance should also be displayed in the text.

The paper is signed by an employee who has the authority to grant the representative the right to certify. Usually his role is played by the general director of the company. In some cases, when it comes to signing various financial statements, an accountant is responsible for issuing a power of attorney for the right to sign documents. If these employees are absent, their deputies can issue documentation.

What should be included in the content?

The main rule for issuing a power of attorney for the right to sign an individual is a written statement of the will of the principal, that is, no oral agreements serve as the reason for the occurrence of the described legal relationship. There are no design samples for a power of attorney for the right to sign; there are only requirements for the content.

Reference! At the top, in the center, the word “POWER OF POWER” is placed to indicate the type of agreement being concluded.

The information must include:

  • location and start date of the paper;
  • delegated powers;
  • data of the principal and attorney, differing depending on whether they are represented by legal entities or individuals;
  • signatures of the parties.

The power of attorney for signature must include a list of documents approved for endorsement by the authorized representative. These can be several specific documents or a certain type of document - for example, invoices.

Drawing up and certification of a power of attorney for signing documents

Any power of attorney acquires legal force if three conditions are met:

  • the document must indicate the date of issue of the power of attorney
  • signed by the principal (a sample signature of the person to whom the document was issued is not required)
  • the power of attorney is certified.

Last name, first name and patronymic, as well as passport details of both the principal and the person to whom the power of attorney was issued, allow us to identify both.

The Civil Code of the Russian Federation does not require notarization of powers of attorney for signing documents. A power of attorney for signing documents can be presented by the principal himself to a third party (and signed in his presence). Presenting simple powers of attorney to sign documents in the absence of the principal and without notarization will certainly cause difficulties.

In the event that documents are signed by another person in excess of the powers specified in the power of attorney for signing documents, or in the absence of such a power of attorney, file a claim to invalidate the transaction.

Clarifying questions on the topic

  1. Aksana

    During the signing of the loan agreement, a person acting by proxy acted on behalf of the bank. During the signing of the agreement, I did not see the power of attorney, only from the text it was clear that the power of attorney was valid (according to the validity period) specified in the text of the agreement. After some time, I reliably learned that this power of attorney contains the following entry: “This power of attorney is valid in the presence of an appointment order.” The question is: what does the phrase “if there is an order” mean in this case? Is it valid without an order of appointment attached to it? Is the agreement considered to be concluded under such a power of attorney with a note of appointment and without the provision of an order of appointment?

      When interpreting a contract, the literal meaning of the words and expressions contained therein must be taken into account. In your case, the order must be issued at the time of signing the agreement by proxy. There is no need to attach the order to the power of attorney and provide it to the borrower. If you have information that there was no such order, you can file a claim with the court to declare the contract not concluded.
  2. Dilfuza

    Hello! Please, please answer this question. If the owner of the apartment is not currently located on the territory of the Russian Federation, then what type of power of attorney should he give to a second person to carry out matters concerning his apartment? Using the example of registering and registering relatives with Russian citizenship?

      To issue a power of attorney, the owner must contact the Russian Consulate. It is advisable to bring with you a sample of the power of attorney, which will be necessary so that the exact wording is indicated.
  3. Anonymous

    I need a power of attorney so that another person can write an application on my behalf for a one-time benefit for the birth of a child, as well as for a child care benefit for up to one and a half years.

      Use a sample power of attorney to receive wages and other work-related payments.

Is it legal to sign documents for a director?

In cases where this is not prohibited by the legislation in force at the time of signing - completely.
The power of attorney specifies the scope of powers that the authorized person has the right to exercise when signing documents on behalf of the director. Moreover, such a volume should not be unreasonably inflated (resolution of the Arbitration Court of the West Siberian District dated November 5, 2015 No. F04-24878/2015). When entrusting a person with signing certain documents, the director must be sure (and have evidence in case of claims from outside) that it is impossible to do without the appropriate power of attorney and that he himself objectively cannot sign these documents. For example, due to the fact that he leaves for another country and is forced to transfer his key powers to a person who remains in Russia.

See also “Power of Attorney for tax authorities - sample”.

If you need to issue a power of attorney to sign invoices, use a ready-made sample compiled by ConsultantPlus experts. Get trial access to the system for free and download the document.

At the same time, there are documents that only the director has the right to sign - without subauthorization, due to the provisions of the law.

Power of attorney for the right to sign primary documents

POWER OF ATTORNEY

for the right to sign

Moscow, January tenth two thousand ___

Limited Liability Company (hereinafter referred to as the Company) (OGRN, INN, KPP), represented by the General Director, full name, acting on the basis of the Charter, This power of attorney authorizes the Deputy General Director for Economics and Finance of the Limited Liability Company, full name (passport No., issued ____year, code division: _____, registered at the address: ________) the right of first signature (certification) of documents necessary for conducting the financial and economic activities of the Company, including but not limited to the following documents:

  1. Money orders
  2. Incoming and outgoing cash order
  3. Cashier's report
  4. Advance report
  5. Invoice issued
  6. Consignment note (TORG-12)
  7. Invoice for issue of materials to the side
  8. Power of attorney to receive goods and materials
  9. Material reports
  10. Certificate of commissioning of fixed assets
  11. Inventory card
  12. Acts of reconciliation with counterparties
  13. Accounting certificates
  14. Certificates 2-NDFL
  15. Purchase book and sales book
  16. Journal of received and issued invoices
  17. Tax registers
  18. Accounting and tax reporting for the branch
  19. Other primary accounting documents necessary for conducting the financial and economic activities of the Company

This power of attorney is issued for a period of 1 (one) year, without the right of substitution.

I certify the signature of the authorized representative _________________________ (sample signature)

________________ ___________ (______________________)

(position) (signature) Full name the person who issued the power of attorney on behalf of the Company

M.P.

Power of attorney to conduct business on behalf of a legal entity: download sample

Template of a general power of attorney to conduct business on behalf of a legal entity. Providing the opportunity to represent the interests of the company, sign documents, dispose of property and receive funds. The validity period of the power of attorney is 3 years.

POWER OF ATTORNEY

to conduct business on behalf of a legal entity

The seventeenth of October two thousand nineteen

Moscow city

Limited Liability Company "Stealth", located at: 987456, Moscow, st. Zadneprovskaya, 7, represented by General Director Alexander Vladimirovich Ivanov, acting on the basis of the charter,

This power of attorney authorizes Alexander Sergeevich Stupkin, passport series 4501 No. 795302, issued by the Voikovsky Department of Internal Affairs of Moscow on January 21, 2001, residing at the address: 121666, Moscow, st. Vesennyaya, 19, apt. 848, who is the first deputy general director of Stealth LLC,

represent the interests of Stealth LLC in relations with any state and municipal bodies, legal entities, other organizations and citizens, as well as in courts of general jurisdiction, arbitration and arbitration courts, protect these interests, act on behalf of the limited liability company Stealth ,

with rights:

– receiving and submitting documents, filing applications, conducting business and negotiating with

any state and municipal bodies, legal entities, other

organizations and citizens;

– receiving property due to the principal;

– signing documents and performing all actions and formalities related to the performance of official duties and the execution of these instructions;

– performing all procedural actions necessary for conducting cases with the participation of the limited liability company "Stealth" in arbitration courts, with all procedural and other rights, including the right to sign a statement of claim and submit it to the court, sign a response to the statement of claim , applications for securing a claim, for transferring the case to an arbitration court, full or partial waiver of claims and recognition of the claim, changing the basis or subject of the claim, concluding a settlement agreement and an agreement on factual circumstances, transferring one’s powers as a representative to another person (sub-assignment), and also with the right to sign an application for review of judicial acts based on new or newly discovered circumstances, to appeal a judicial act of an arbitration court, to file appeals and cassation complaints in court, to receive awarded funds or other property;

– performing all procedural actions necessary for conducting cases with the participation of the limited liability company "Stealth" in courts of general jurisdiction, with all procedural and other rights, including the right to sign a statement of claim, present it to court, submit a dispute for consideration arbitration court, filing a counterclaim, full or partial waiver of claims, reducing their size, recognizing the claim, changing the subject or basis of the claim, concluding a settlement agreement, transferring powers to another person (assignment), appealing a court decision, filing appeals and cassation complaints in court, presentation of a writ of execution for collection, receipt of awarded property or money.

The power of attorney is valid for three years from the date of issue.

CEO

LLC "Stealth" __________________ A.V. Ivanov

General power of attorney for the right to sign documents

Power of attorney

____________________________________________.

(place and date of execution of the power of attorney)

_______________________________________, registered "__" ________ _____g. (full name of the legal entity) (registration date) at the location _______________, OGRN ____________, INN __________________, represented by ______________________________________________________________________, (position, surname, first name, patronymic)

acting on the basis __________________________

(Charter, Regulations, Power of Attorney) this power of attorney authorizes _________________________________,

(position, surname, first name, patronymic of the employee) passport series ____ N ______, issued by “__” __________, ____________________________, (date of issue) (issued by)

registered at the place of residence at ___________________________, represent the interests of the Company in all state and local government bodies, enterprises, institutions and organizations, regardless of their legal form and form of ownership.

To perform representative functions, the authorized person is given the authority to sign the following documents of the Company:

  • contracts;
  • estimates;
  • invoices for payment;
  • annexes to contracts;
  • acts of acceptance and transfer;
  • acts for hidden work;
  • design and estimate documentation;
  • and so on.

The power of attorney was issued with the right to contact the relevant authorities on all issues related to this instruction and to receive the necessary information, certificates and documents on behalf of the principal.

The power of attorney was issued without the right of subrogation for a period of _____________________________. (indicate the validity period of the power of attorney)

I certify the signature of the authorized representative ____________________________ (sample signature)

________________ ___________ (__________________)

(position) (signature) Full name the person who issued the power of attorney on behalf of the Company

M.P.

How to draw up a document correctly

It is extremely important to follow the general principles of the design and content of a power of attorney so that it does not fail at the wrong time, but allows you to use the delegated powers:

  • the power of attorney is drawn up on the organization’s letterhead, if available. This is not a mandatory condition; a document written on paper has the same force;
  • it is better to entrust the formulation of the power of attorney to a professional who will execute it in the correct format accepted by the enterprise;
  • in the middle of the line the name of the legal act is written, in this case – Power of Attorney for the right to sign contracts;
  • Below is the address where the power of attorney is drawn up, the date of issue (mandatory details), the period during which it will be valid;
  • in the main part you need to list the delegated powers, in this case - signing certain documents;
  • personal data of the parties: last names, first names, patronymics, dates of birth, passport data, addresses, citizenship - if one of the parties is a foreign citizen;
  • organizational and legal form of the enterprise with the name without abbreviations, all legal details, registration information, legal address;
  • who is the principal, indicating a document confirming authority, for example, an appointment order;
  • who is the authorized representative: where and by whom he works, indicating the order of appointment;
  • a mandatory element is a sample signature of the authorized representative;
  • followed by the signatures of both parties;
  • at the end - stamps, registration number in the journal.

Power of attorney for registration of ownership of land

How to issue a power of attorney to represent the interests of an LLC to an individual, read here.

How to draw up a general power of attorney for real estate with the right to sell, read the link:

After writing the power of attorney

The law does not oblige principals to certify all powers of attorney issued by notaries. However, there are certain types of powers of attorney that still need to be notarized. In particular, it is necessary to certify powers of attorney presented to certain government organizations (for example, courts), as well as to perform certain actions (receiving documents from government bodies, etc.). Here it would be better to call a notary and consult specifically on your case.

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Power of attorney for the right to sign bank documents


At enterprises, when preparing bank documentation, the first signature belongs to the boss, and the second - to the head. accountant. Other employees may be granted the right to sign these documents by issuing a power of attorney.

An individual of the institution can trust the status of the first signature. When transferring the status of signatures, it is necessary to keep in mind that the validity of the document, upon transfer, has no right to exceed the validity period of the main power of attorney.

The right to sign such signatures can be granted simultaneously to several employees of the institution identified when drawing up the power of attorney. In this case, one employee of the institution does not have the right to simultaneously have two signatures.

How to compose

The right to sign is issued at the institution. The form is issued in the usual written form, signed by the head or person endowed with the rights reflected in the constituent documents, certified by the seal of this institution. (Clause 5, Article 185 of the Civil Code of the Russian Federation).

If there is no accountant on the staffing table of the institution, then when filling out the card for the bank, indicate information for the “first signature”. In the “second signature” column it is displayed that “there is no position of accountant in the staffing table.”

In what cases is it required

Working in any organization requires proper distribution of responsibilities and, accordingly, delegation of authority. It is advisable for the manager to delegate the authority to sign primary documents to the deputy, the head of the accounting department or the head of the relevant department. A power of attorney is used for this.

Need to know! The form and sample of the power of attorney have not been officially approved, therefore, when drawing it up, you need to check the requirements of civil law, namely Art. 185 of the Civil Code of the Russian Federation.

Power of attorney for representation in court from a legal entity.

How to issue a power of attorney to receive correspondence by mail, read here.

How to draw up a power of attorney to represent interests in a bank, read the link: https://novocom.org/dokumenty/doverennosti/doverennost-na-predstavlenie-interesov-v-banke.html

How to issue a power of attorney for the right to sign documents in 2021?

Drawing up a trust document is a time-consuming procedure, since it is necessary to be vigilant in writing the text so as not to miss important aspects. Typically, filling out such a document is entrusted to secretaries, lawyers or chief accountants of an institution who have experience in writing this type of documentation. In the case where the power of attorney is filled out independently, the text of the trust must include all important information that you need to be familiar with in advance. The following data is included here:

  • name and registration number of the letter of trust (“Power of Attorney”);
  • date and place of drawing up the trust document;
  • passport details of the witness. Due to the fact that it is a legal entity, certain information is required:
  • name of company;
  • registration state number;
  • registration reason code;
  • taxpayer identification number;
  • business location address.

When a power of attorney is issued on behalf of a specific employee holding a position, the following data must be entered here:

  • Last name, first name, patronymic, passport details, place of registration;
  • personal information of the attorney, with the help of which he will confirm his identity to third parties;
  • a list of documents to be signed that the attorney will be able to carry out in the future;
  • validity period of the trust document;
  • specified parameter with permission or prohibition of the right of subrogation;
  • The final note in drawing up a trust is the signature of the witness and the seal of the institution.

Instructions for filling

In order to avoid mistakes in writing a trust document, we will provide you with instructions for filling out a trust sheet with further rights to sign. Usually, the instructions can help those people who fill it out in any form, that is, from start to finish with their own hands.

  1. First, at the top of the paper you need to write a word that will mean the name of the document - “Power of Attorney”. Here, if necessary, enter the document number assigned to it according to internal document flow. Below these entries, you must indicate the date of filling out the trust paper and the locality where it is being done.
  2. The next step is to indicate all the important data of the certifier (legal entity), namely: the full name of the company, its abbreviation, banking information, address, both actual and legal. It is also worth including the registration state number, identification number and registration code. Please enter the full name of the principal here. Typically this includes directors, deputies and other persons authorized to issue such documents. And you also need to refer to the protocol on the basis of which this person acts (this is usually reflected using the following words: “based on ...” charter, power of attorney or regulations).
  3. In the next line, the text of the trust must contain all the exact information of the powers transferred from the witness to the attorney, that is, a list of documents that he can sign at business meetings, and so on.
  4. At the end of the text of the trust document, its validity period should be indicated. It is worth considering that if such a period is not specified, the trust will last for one year. Also in the same line it is necessary to put a mark prohibiting the transfer of this power of attorney to third parties, that is, without the right of subrogation.
  5. The result of drawing up this paper is the signatures of both parties.

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Duration of power of attorney


Each trust form has a limiting period of legal capacity. It is customary to indicate the validity period of the trust certificate at the end of the trust text. The maximum period of legal capacity is three years. If this period is exceeded, the trust automatically becomes ineffective. In some cases, this period is not reflected in the text, therefore, according to the civil code of the Russian Federation, the trust document will retain its legal force for one year.

However, in addition to the expiration of the period specified directly in the document itself, the trust document may interrupt its properties for other reasons. These include:

  • early revocation of the power of attorney by the witness;
  • refusal of the attorney to act on this document;
  • death of the principal, his incapacity or limited legal capacity, or is considered missing;
  • death of the attorney, his incapacity or limited legal capacity, or is considered missing.

Sources

  • https://doverenost.com/na-pravo-podpisi-dokumentov/
  • https://ip-shnik.ru/dogovor/doverennost-na-pravo-podpisi-dokumentov-ot-jur-lica-obrazec-i-blank-2019-goda/
  • https://sposob-zarabotat.ru/doverennost-na-pravo-podpisi-dokumentov/
  • https://www.klerk.ru/buh/articles/476915/
  • https://clubtk.ru/forms/dokumentooborot/mozhno-li-peredat-pravo-podpisyvat-dokumenty
  • https://iskiplus.ru/doverennost-na-podpisanie-dokumentov/
  • https://o-nedvizhke.ru/dokumenty/doverennosti/doverennost-na-pravo-podpisi-dokumentov.html
  • https://assistentus.ru/forma/doverennost-na-pravo-podpisi/
  • https://DocInfo.net/zapolnennyj-obrazets-i-shablon-doverennosti-na-pravo-podpisi-dokumentov/
  • https://doverennost.net/na-pravo-podpisi-dokumentov/
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