Power of attorney – sample 2023

What is a power of attorney, what powers of attorney must be certified by a notary and how to issue it abroad – in the material “Kommersant”.

What is a power of attorney and where to get it

A power of attorney is a document that allows a trustee to perform certain legal actions (specified in the power of attorney) on behalf of the principal. Legally, this is a deal between two parties. The only condition is that a citizen must be of age and capable, otherwise a legal representative draws up a power of attorney for him. However, if the child is 14 years old, he can already issue a power of attorney for those actions that are allowed to him by law (for example, some banking operations). The concept of “two sides” does not necessarily imply only two faces. A power of attorney with the same authority can be issued to several people or, on the contrary, several persons can issue a power of attorney to one representative. In order to write and certify a document, a proxy is not required, only the principal is sufficient, however, the representative may refuse the power of attorney.

Powers of attorney are divided into two large groups: written and notarial.

Written powers of attorney – these are documents written by hand or on a computer that do not give the trusted person wide powers. It is impossible to sell an apartment or issue an individual entrepreneur using a written power of attorney, but you can get a certificate or a work book.

Notarized powers of attorney (they can also be called general) are drawn up by public or private notaries and contain much broader powers: from the sale or purchase of real estate to the drafting of wills and the permission of any operations with the applicant’s bank accounts. A notary can also certify powers of attorney that do not require the mandatory participation of a lawyer, but this will avoid legal disputes.

Naturally, notary services are not free. The cost of drawing up and certifying a power of attorney consists of a fee for “services of a legal and technical nature” and a tariff that is clearly regulated by the Tax Code. Moreover, if the document is issued by several principals, the cost of services is multiplied by the required number of powers of attorney (for example, if there are two principals, you will have to pay a double fee).

The advantage of a notarized power of attorney is that the lawyer enters the document into the register of the Federal Notary Chamber. Then it will be possible to check the text of the power of attorney at any time by the date of certification and the data of the notary who certified it.

How to write a power of attorney

When writing a power of attorney, it is important to remember that we are talking about a legal document, which means that the more detailed the rights of the authorized person are, the better. For a power of attorney to be valid, it must include:

1. date of compilation (important because the term of office of the trustee is counted from it);

2. data of the principal and authorized person (full name, date and place of birth, passport data);

3. authority of a trustee;

4. signature of the principal.

Also, in the power of attorney, if desired, you can specify other data that will clarify the document or help expand the powers:

validity of the power of attorney (if you do not specify it, the document will be valid for a year);

the right of substitution (if the authorized person also cannot be present, it will be possible to reissue the power of attorney to another person).

A passport is required to issue a general power of attorney. Then you should make an appointment with a private or public notary, after which the lawyer will tell you what documents may be required. You will not need to write anything yourself, the notary himself will draw up the text of the power of attorney on a special form, after which he will advise on all points and clarify the powers of the parties.

Also, from September 1, 2023, company employees must work with machine-readable signatures (MCD). They allow you to sign documents on behalf of the head without his direct participation. So far, MCHD can be used to certify certain documents at certain sites (for example, in tax or insurance reports).

Making a power of attorney abroad

A power of attorney can be issued abroad, for example, if a representative is needed to process real estate transactions. For this, there is no need to come to Russia. There are two main ways to issue a power of attorney abroad:

1. With the help of the consulate. The so-called consular power of attorney can be certified in a special department of the embassy or other institution (the list can be viewed on the consular information portal Ministry of Foreign Affairs, for example, it may be a department in the embassy of another state). At the same time, the requirements of institutions in different countries are different, detailed information can be found on their websites, where you can also find samples of the most popular applications. The cost of services remains unchanged, for a power of attorney for any person, except for relatives, they will require $60, for a power of attorney for close relatives – $30. After receiving a certified document, you will need to send it to Russia by mail. The consular power of attorney will also be entered in the register of the Federal Notary Chamber. The waiting time for a response can vary greatly, so you will need to make an appointment in advance, in some countries the waiting time can be several months.

2. With the help of a local notary. A risky option that creates a lot of questions for Russian regulatory authorities. The fact is that the forms of notarized powers of attorney are different for different countries, and when checking in Russia, it is problematic to establish whether the document was forged or actually sent. The power of attorney can be sent to law enforcement agencies, which will send a request abroad to clarify information. Needless to say, such a procedure will take a very long time, and may end in nothing, because the authorities of the country where the power of attorney was sent from may not respond to the request.

Most popular powers of attorney

Bank account management. A notarized power of attorney, with which the principal can authorize the opening or closing of accounts and making transfers in a specific bank. If the applicant wants to provide access to deposits in different banks, you will need to issue a power of attorney for each of them. In the document, you can restrict the rights of the representative to perform only certain operations (for example, only for replenishment).

Property management. A general power of attorney granting the right to certain legal actions with the applicant’s real estate (renting, mortgage, purchase or sale).

Driving. It also allows you to sell, rent or buy a car on behalf of the applicant. No license is required to drive a caryou only need the driver to be included in the OSAGO policy.

Receiving pensions and benefits. If the applicant for some reason (for example, for health reasons) cannot appear to receive certain payments, he can issue a notarized power of attorney, according to which his representative will be able to receive payments.

Receiving mail. If the applicant, for a good reason, cannot pick up his parcel, it is possible to issue a power of attorney for the one who can pick up the mail. This can be done both in writing and using the Russian Post service electronically.

Important! It is impossible to issue a power of attorney to obtain a foreign passport or a citizen’s passport, as well as to conclude a marriage certificate and a number of other services. In all of these cases, the personal presence of the applicant will be required. If he cannot be present for health reasons, it is possible to coordinate the departure of employees or a notary at the place of residence or to a medical institution.

Ilya Akimov