Power of attorney to represent an individual in court. Power of attorney to represent the interests of a legal entity in court: template Power of attorney to grant rights in court

A power of attorney is a legally significant administrative document used by one party to transfer its powers to another party, while the purpose of its execution is to represent the interests of the principal before a third party.

The document is used directly by the representative to confirm to a certain third party that he has the authority to act on behalf of the principal. The trustee may also present a power of attorney.

A power of attorney is issued solely regarding the performance by a representative of actions of a lawful nature, while the very structure of the document should not contradict the requirements of the law.

The legal powers listed in the document should not be ambiguous, and the wording should be specific.

The list of powers set forth in the document must correspond to the rights of the principal, which he is granted by law. Simply put, the principal cannot authorize the representative to perform legally significant actions that he himself is not entitled to perform.

Important! When drawing up a power of attorney, it must indicate:

• what is the name of the document - "Power of Attorney";
• the place where the document is written. Start with the name of the locality: village, town, city. Then designate the district, territory, region, republic, autonomous region (district). All titles are signed in full. If the power of attorney is not certified in a notary's office, write the address where these actions are performed;
• the date the document is made. Enter the day, month and year of registration. The entire date must be written in words;
• information about the parties (principal and representative). When it comes to physical person, you need to indicate the full name (in full), address of residence;
• what powers the representative acquires after issuing a power of attorney;
• Finally, signatures.

The principal also independently decides whether to enter the following information into the power of attorney:

• the exact period of validity of the document;
• for the presence / absence of the right of substitution. In the absence, a direct prohibition on performing these actions is indicated.

Nuances:

• if the document does not contain the date of its execution, it is recognized as null and void;
• if a citizen (natural person) is a party to the power of attorney, other individualizing data are also indicated: the date and place where he was born, information about his identity document.

ATTENTION! View the completed sample power of attorney to represent interests in court from an individual:

When a power of attorney is needed

In most cases, citizens instruct representatives to represent their interests in such circumstances:

• in the absence of the opportunity to independently take part in a litigation due to a number of objective reasons: deterioration in health, lack of time, etc.;
• if the principal by the time the case is heard in court is in prison, is being treated or in a social institution;
• if during the consideration of the case in court the citizen must be in another place - to resolve an urgent issue requiring his personal presence;
• when deciding in court a rather complicated case, as a result of which serious consequences for the principal may occur, or he does not count on his strength and the ability to influence the trial;
• in the absence of a desire to directly participate in the dispute (for example, unwillingness to see an opponent) and the intention to achieve maximum benefit in the consideration of the case.

In each of these cases, the interests of an individual, whether it be a defendant or a plaintiff, can be protected by a representative. In this case, the latter is obliged to act only in the interests of the principal. Admission to the case of a representative is provided by a power of attorney, which must be correctly drawn up.

Watch the video. New rules for issuing powers of attorney to the court and state bodies:

Who makes the power of attorney

One party to the dispute can initiate the issuance of a power of attorney. The interested party addresses the chosen representative and officially transfers to him the necessary powers to protect his own interests.

To properly draw up a power of attorney, you need:

• go to the notary's office and ask to draw up a notary's document;
• visit a lawyer
• independently, but this requires a sample power of attorney.

Important point! The power of attorney can be issued by the principal alone without the presence of a representative, however, if the latter entrusts him with his passport.

Document Features

Only the principal can draw up a power of attorney, since this document is drawn up on his behalf. The law assumes that not only an individual citizen, but also a group can act as a trustee (Article 43 Federal Law 67-FZ).

If we talk about the consideration of the case in the court, then representation becomes possible only if the power of attorney is correctly and correctly executed. Then the representative will officially protect the legitimate interests of the party in the case.

Only a power of attorney certifies the fact that the representative has officially and on behalf of the principal been delegated powers. Based on a power of attorney, you can confirm your status in court and legally represent the interests of the principal during the proceedings.

The interested party has the right to use the power of attorney drawn up according to the rules in cases considered in various judicial instances, including courts of general jurisdiction, world, arbitration, and arbitration courts.

It should be remembered that such details as the date and place of execution of the power of attorney, signature are required. If the document is deprived of them, it will lose its legal force.

Who can be a Trustee

The requirements of the law are such that absolutely anyone and not necessarily an ordinary physical person can become a principal. face. Others (individual entrepreneurs, legal entities) also have this opportunity.

For certain categories of persons (incapacitated, minors), powers of attorney are issued by their legal representatives.

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

Who is appointed as a representative

Representation can only be carried out by persons who have reached the age of majority. This is the main limitation regarding citizens who can acquire the right to litigate on behalf of the principal, having received from him a specific, feasible task.

But there are other limitations as well. Thus, a power of attorney cannot be issued to the following officials: prosecutors, investigators, judges (including their assistants).

What powers are delegated

As soon as the power of attorney is issued, the attorney acquires the powers transferred to him by the principal in order to be able to legally represent his interests in judicial structures.

The list of such powers can be conditionally divided into two groups:

• general;
• special.

The first group of powers is transferred to the authorized person automatically.

Remember! To familiarize yourself with them in more detail, you should consider Article 25.5 of the Code of Administrative Offenses, which states that an admin. production representative (defender) can:

• get acquainted with the collected by admin. case materials;
• provide the court with the entire list of evidence for the most objective decision-making on the case, taking into account all the circumstances that have occurred;
• make various kinds of petitions or challenges in the interests of the party represented in the case;
• participate in the admin review process. cases in court;
• appeal against the use of security measures in respect of the entrusted person, as well as rulings made not in his favor;
• exercise the rest of the procedural rights vested in the principal and, consequently, on the basis of a power of attorney - his representative.

The law grants the principal the right to delegate other special powers to his representative. The list of powers of this group is established by Article 57 (FZ No. 119).

So, with regard to issues related to enforcement proceedings, the right is transferred to the representative:

• present and petition for the withdrawal of documents drawn up by the executors, if they are of significant importance during the consideration of the case in court;
• delegate the powers transferred to him to other persons, but in the interests of the principal and to achieve the tasks assigned to him;
• receive property and other valuables (including money and securities) awarded to the applicant after the completion of the trial in the case;
• refuse to recover within the framework of the current executive document;
• go to settlement agreements (reconciliation) with the opponent in the case;
• to appeal against the resolutions issued by the executor, as well as the executive actions or inaction carried out by him.

Any special authority when drawing up a power of attorney must be signed by the principal in detail.

notarization

According to the general rules, a power of attorney granting the right to a representative to participate in a court hearing against a principal (individual or individual entrepreneur) must be certified by a notary.

Please note! In some cases, you can do without a notary, since the law provides for exceptions - in some cases, the following are equated to certified powers of attorney:

• powers of attorney issued by military personnel by their relatives who are in military institutions or military medical. Under such circumstances, the executed document is authorized to certify the head of the relevant institution at the place of residence of these persons;
• powers of attorney drawn up on behalf of citizens who are in prison. Powers of attorney drawn up by prisoners may be certified by the heads of the institution where the principal is serving his sentence;
• powers of attorney issued by a capable citizen who has reached the age of majority, who temporarily resides within the special. social institutions. protection. The certification of the document in this case is carried out by the administration of the institution where the principal is located.

What is the validity period of a power of attorney?

When a power of attorney is drawn up, the principal has the right to independently determine the period of its validity necessary to achieve the tasks set.

Note! Any term is set, since the duration is not defined by law.

When determining a specific period during which the power of attorney will be valid, the principal limits it to an exact date or indicates a period of time (year, month, week, number of days). It is permissible to designate the term by the moment of the occurrence of the event, if it definitely happens, as the principal knows about.

When it is assumed that there are several types of powers, the principal has a legal opportunity to determine either the general term for their completion, or to set this term for each separately.

The absence in the power of attorney of the period (date) of the completion of the action implies its conclusion for a year. The period is counted from the moment of registration. The period of validity of delegated powers is limited by the terms of the main power of attorney. Only a shorter term is allowed.

Often there are issues that cannot be resolved peacefully, and a person goes to court. According to the civil procedural legislation of the Russian Federation, citizens have the right to conduct their cases in court in person or through representatives. Starting from October of this year, only lawyers can now represent the interests of the plaintiff or defendant in court.

In October 2019, amendments to the Civil Procedure Code of the Russian Federation come into force - the requirements for representatives of the parties in civil proceedings will change. Currently, according to Article 49 of the Code of Civil Procedure of the Russian Federation, the representatives of citizens in court may be able-bodied persons who have duly executed powers to conduct the case. They are expressed in a power of attorney issued and executed in accordance with applicable law.

After the introduction of amendments to the Code of Civil Procedure, lawyers may act as representatives in court, with the exception of cases considered by justices of the peace and district courts. At the same time, lawyers will have to submit to the court documents certifying the status of a lawyer and their powers in accordance with federal law. Moreover, other persons providing legal assistance, representing the interests of the parties in court, must have a higher legal education or a degree in law. These persons, in turn, will have to submit to the court documents certifying their authority, as well as documents on their education or Ph.D.

At the moment (before the above changes come into force), virtually anyone can protect the interests of citizens or companies in civil, arbitration or administrative cases, with the exception of certain cases and certain categories of cases. Therefore, these changes will primarily protect the rights of citizens who must be sure that they receive qualified legal assistance. In principle, this is a generally accepted global practice.

Also, the right to defend interests in court is enshrined in Article 48 of the Constitution of the Russian Federation, according to which everyone is guaranteed the right to receive qualified legal assistance. This step can be regarded as the introduction in Russia of the institution of professional litigation.

To date, the requirements for representatives of citizens in the judiciary are regulated by the Code of Administrative Procedure of the Russian Federation. In particular, according to Article 55 of the CAS, lawyers and other persons with full legal capacity, who are not under guardianship or guardianship and who have a higher legal education, can be representatives in administrative courts.

Of course, the amendments being made to the Code of Civil Procedure of the Russian Federation will make it possible to protect principals from unqualified and incompetent representatives. After all, representatives often pretend to be specialists, receive a fee from clients, but in fact do not even know the norms of the law. The result of such incompetent representation is a poor-quality representation of interests, the result of which may be the issuance of a judicial act that does not meet the initial expectations and interests of the client. Sadly, such representatives raise doubts about the effectiveness of judicial protection and the judicial system as a whole, since such “pseudo-representatives” cast a shadow on the legal profession itself. Therefore, new requirements for representatives of the interests of the parties should have a positive impact on the effectiveness of the judicial system as a whole.

However, the very fact of having a legal education may not solve the problem of the competence of a representative. After all, having a law degree does not guarantee quality assistance. There are cases when a person with a higher legal education can provide legal services of insufficient quality. At the same time, such a lawyer will not bear any responsibility to the client for the harm caused due to ignorance of the law.

However, given the variety of cases, we can say that when considering certain categories of legal issues, lawyers in terms of qualifications are sometimes significantly inferior to narrow-profile specialists, for example, financiers, accountants, tax specialists. Also, importantly, the above changes may lead to an increase in prices for legal services in general. Of course, the Constitution of the Russian Federation guarantees everyone the right to receive qualified legal assistance. But it is the citizen who decides whether to use this right or choose a representative at his own discretion.

Power of attorney to represent interests in court: example + drafting algorithm. Is it possible to do without notarization? An overview of the 4 most popular power of attorney templates for representation of interests today.

Today, when you have to work at a frantic pace, there is not always time to perform related tasks.

Running to a court session or to the tax office when the project deadlines are burning is not the best of decisions. Due to the high employment of the population, power of attorney to represent interests in court, tax, traffic police and other departments of state structures is gaining popularity.

Our article today is aimed at reviewing this particular document - its nuances of drafting and certification on the territory of Russia.

What is a power of attorney?

A full description of this term is given in Article 185 of the Civil Code of Russia. In short, a power of attorney is a legal document that transfers any duties to another person / organization. In order for a transfer to be considered valid, both parties must be of age and legal capacity - if it concerns individuals.

Why do people issue power of attorney?

• when a person is in another country and cannot perform any action physically;
• in severe cases associated with the treatment of a citizen, when he is prescribed bed rest;
• when a person is disabled, which puts certain restrictions on his physical activity and travel over long distances;
• older people who are no longer able to cope with their physical activity.

These are just the main reasons why a person decides to compile. If you look at the issue from the point of view of an adult, healthy person, then a power of attorney can be a great tool to save time.

For example, while a person is at work, his authorized representative can collect tax certificates, resolve issues in the traffic police, or represent the interests of the plaintiff / defendant in court. There are a lot of applications, and therefore, the relevance of using this document is constantly growing. In order for 2019, in accordance with the statistics of notary offices, the number of certified powers of attorney, compared to last year, increased by 2/3.

Rights of the principal	Powers of attorney
Give the representative a list of powers	Opportunity to refuse to be a fiduciary
At any time has the right to revoke the document, i.e. cancel its provisions	Accurate execution of instructions prescribed in the terms of the power of attorney
May not agree with a candidate selected by a trustee acting by way of substitution	Independent fulfillment of obligations
Execute a power of attorney and issue it to an authorized person	Search for a substitute, if the principal has prescribed such an opportunity
Obliged to cover the financial costs of the representative or initially issue a certain amount of money to complete the assignment	Notification of the person represented about the progress of the assignment
Accept everything received in the course of the implementation of the agreement from the trustee - documents, money, etc.	Immediate transfer of all received documents, money, valuables, etc.
Pay remuneration if the concluded agreement is paid	At the end of the term, the representative undertakes to give the deed of trust

When a person draws up a power of attorney to represent interests, it is necessary to carefully write down each of the points. Any non-compliance on the part of the authorized person will be regarded as a violation of the law. An important nuance that should be taken into account by a citizen of Russia - special and one-time powers of attorney can do without notarization However, when drawing up a general power of attorney, the wet seal of a representative of a law office is a prerequisite for recognizing it as valid.

The term of validity of the power of attorney is, by default, 12 months, and the maximum possible is unlimited, although back in 2013 it did not exceed 3 years. The changes came into force after the adoption of Federal Law No. 100, in which this temporary restriction on the operation of a power of attorney was removed. When drawing up a sub-delegation, it is necessary to build on the validity periods that were indicated in the main document. Drawing up can be done without the presence of the principal, however, the presence of an authorized person to sign the document is a prerequisite for its entry into force.

How to cancel a power of attorney - an algorithm of actions:

1. Drafting a notice.
2. Sending a document to a second party.
3. Notification of the decision taken by 3 persons related to the case.
4. Return of paper from the attorney.

When working with a general power of attorney, where the notary's seal must be present, the notary's office deals with the described algorithm of actions. It is enough for the principal to notify the legal representative and wait for the authority to return from the trustee.

Power of attorney to represent the interests of a legal entity in court: an overview of the nuances + an example of filling out

The legislation does not provide for a single form of filing a paper with the court, and therefore, it is necessary to draw up a document based on the current conditions that fall on the shoulders of the attorney.

In today's article, we will consider 2 types of paper - a power of attorney to represent interests in court from an organization and for persons who are not related to the legal field at all. There are no special differences here, however, when sending an authorization to the court from various legal bases, certain nuances must be observed. About them and will be the main speech further.

1) Power of attorney to represent interests in court from an organization - drafting algorithm + features

If we consider this issue in the legal field, then 100% of the powers of interest for the court are described in Chapter 10 of the Civil Code of the Russian Federation. The nuances of the work on the issue are stretched over 10 articles. Here are described the most important points both for the preparation and certification of documentation for a person of a legal type.

Authorization types:

• for specific tasks. In our case, this is the protection of the interests of a legal entity within the walls of the court. This document format refers to specialized permissions. For example, if a trustee is sent to pick up papers from the tax office, the head of the company will have to draw up another document for a different type of activity;
• with expiration date. It is very difficult to determine how long the consideration of the case in the courtroom will be delayed, therefore, it is advised to draw up a power of attorney to represent rights for a period of 12-18 months, at least. If you do not specify an expiration date for the authorization, it will default to 1 year;
• irrevocable or revocable. To protect the interests of the company in court, the irrevocable version of the power of attorney is most often used. To stop its distribution, you will either need to wait for the expiration date, or provoke “special” conditions that are stipulated in Article 188.1 of the Civil Code of the Russian Federation.

What type of power of attorney for representing interests is best suited - decides the head of the organization that is dealing with the court. Well, now, let's talk about how exactly such an important paper is drawn up for persons of a legal type.

How to draw up a power of attorney to represent the interests of a legal entity in court:

1. Write the name itself - "Power of Attorney".
2. Indicate the location of the courthouse where the influence of the document will extend + enter the date / time of writing the authorization.
3. Indicate information regarding the principal in court, which can be a person of both physical and legal type. This includes data from the passport, registration, full name and the like.
4. Enter the key data from the passport for the person, which will be hushed up in court.
5. Describe what powers the person to whom the authorization has been issued will have.
6. Enter expiration dates.
7. Signatures of the parties.

When issuing a power of attorney to represent the rights / interests in the courthouse for LLC / IP and other forms of business, certification is not required. It will be enough to put the seal and signature of a person from a leadership position.

2) Power of attorney to represent interests in court without a notary - is it possible?

Here the answer to the question directly depends on which person wants to draw up such a document. Everything is easier for legal entities, since most have either in-house lawyers or other authorized persons who have the right to certify a power of attorney to participate in court.

For individuals, things are not so simple. Although Article 53 Code of Civil Procedure of the Russian Federation and says that the witness may not be a notary, the court authorities are very picky about such papers. They can reject the document if there are even the slightest inaccuracies in the compilation.

Why are the courts so strict about drawing up a power of attorney:

• a trusted person is a full representative in court. Any puncture will have a negative impact on the principal. The formal form of communication is a very unreliable way to denote the transfer of rights. The seal of a notary public for the court will be much more impressive evidence of mutual consent between the parties;
• the power of attorney in court also acts as the material of the case, therefore, its form must comply with all the canons provided for by law;
• notary confirmation reduces the risk of pressure from one of the parties on the trustee - this is a very important aspect when considering claims in the courthouse.

Naturally, in our country there is another subjective factor that can affect the decision to accept a power of attorney in the courtroom - corruption. Not infrequently, judges refuse to accept a power of attorney for consideration from an individual only because the power of attorney was not certified by a business friend of the judge. Such cases in court are not uncommon, therefore, they must be stopped in the bud. If a court representative gives a referral to a certain notary for certification, you have every right to refuse and issue a complaint against the employee to a higher authority.

Who can be a witness, in addition to a notary:

• the employer of the employee who needed a representative in court;
• The university where the principal himself is studying;
• the head of the cooperative of tenants to which the principal belongs;
• a management company that provides housing management services to the principal;
• employee of the center for social protection of the population;
• the head physician of the medical institution in which the principal is undergoing inpatient treatment;
• the head of the military unit in which the person is serving;
• the head of the prison where the client is currently incarcerated.

If an administrative case is considered in court, then it is impossible to use people interested in your benefit as a trustee. In such cases, a power of attorney to represent interests in court is drawn up for a legally savvy citizen with a diploma with a legal specialty.

As you can see, a power of attorney to represent interests in court without a notary is a possible phenomenon, but often taken with hostility. If you want to bypass long-term court proceedings, be prepared to pay 2,000-3,000 rubles for a notary stamp. Another option is to break through on your own, overcoming the walls of injustice and bias on the part of the court staff. It is a thankless task, but it is less costly from a financial point of view.

3) Power of attorney to represent interests in court - an example of writing

There is no generally accepted template for a power of attorney to represent interests in court, therefore, each notary has its own template used for clients. Naturally, if the case under consideration can exclude the participation of a legal entity, there is no need to lay out a couple of thousand rubles for something that can be freely accessed via the global Internet. In the picture below, you can see one of the classic examples of filling out a power of attorney to represent interests on the part of an individual.

Whatever the state of affairs, it is strictly prohibited to give authority to represent interests to employees of the court, the prosecutor's office or other representatives of state power. For more information on filing a power of attorney to represent interests in court, see paragraph 2 of Article No. 53 of the Code of Civil Procedure of the Russian Federation. In order to avoid errors, it is advised to draw up the authorization only in printed form. Handwritten text is also allowed, albeit with great criticism from the staff of the court department.

The power of attorney to represent interests in court, an example of which you can see below, is intended for use by legal entities. If your individual entrepreneur / LLC does not have an established template, you can take this paper sample as a basis without a twinge of conscience and any fears.

This authority is used by both individuals and legal entities, with an absent full-time lawyer. It is difficult for a person who is far from jurisprudence to protect his interests in the “temple of law”, no matter what issue they relate to, therefore, a power of attorney to represent interests in court on behalf of the applicant is the best solution if such a situation arises.

In addition to a power of attorney for the court, a person can also file a petition, however, its minus is that for the right to protect the interests of the plaintiff, it requires his direct presence in the courtroom. Using the authorization to represent interests, a person can safely drink coffee at home and learn about the state of affairs over the phone, or in general, after the end of the process and the court's decision. Representation of civil law interests does not require special permissions, therefore, any person who understands the issue and is able to defend the rights of the plaintiff / defendant in court can be your trustee.

Overview of other types of powers of attorney to represent interests: samples + writing features

In addition to the power of attorney to represent interests in court, other templates for specialized purposes are quite common among individuals / legal entities. Next, we will describe the most common of them. We will tell you the features of their compilation + we will submit printed samples for self-compilation.

1. Power of attorney to represent interests in the bank

This type of power of attorney is very common in business, since not all managers want to deal with paperwork in relation to agreements with banks. In order to shift the work onto the shoulders of their employees, they draw up a power of attorney to represent interests in a banking institution. Having received such a document, a person receives the rights to perform typical operations on behalf of a legal entity - repaying loans or taking them, concluding cooperation agreements, and the like.

What items should a power of attorney to represent interests in a bank consist of:

• the full name of the locality in which the person will be entitled to representation. It is necessary to place this information by proxy at the very beginning of the sheet;
• indicate the full passport information on the sides of the power of attorney + the position of the employee, if this authorization is distributed within the enterprise. For organizations, the key data will be TIN, PSRN and passport data for the head;
• a detailed description of the bank in which the person will exercise their right to represent.

The second part of the power of attorney must contain the most detailed list of powers that the authorized person will have. If a cash withdrawal operation is required, then the exact amount should be indicated, but if this is a loan opening, it is necessary to agree on the maximum interest rate that is acceptable to the business owner. The more detailed the algorithm of actions is described, the fewer questions the bank will have.

It is possible to draw up a power of attorney to represent interests both in writing and in printed form, but for 2019 it is more relevant to use the printed format of the documentation, since with a handwritten text the possibility of misunderstanding between the parties is not ruled out. Spelling and punctuation are very important, therefore, pay special attention to this issue.

2. Authority to protect the rights of the child

Situations in which the parents are outside the country, leaving their child in the custody of close or distant relatives, must be sealed by a notary, since some actions, without the consent of the temporary guardian, will be impossible to legally perform.

In what situations will a document be required:

• travel within the territory of our state, or beyond its borders, unaccompanied by the child's parents. Both close relatives and friends of the family can accompany the child (the latter case is extremely rare);
• if a minor needs to represent interests in an educational institution where he is currently studying. Very few children can take care of themselves in the legal aspect, therefore, it is simply impossible to do without the help of adult specialists;
• assistance in a medical facility.

Regarding the last point, things can be very serious. If the child currently does not have an official representative who is responsible for his life, medical staff will not be able to accept the child for treatment. The only exceptions are cases in which the child is in danger of losing his life and urgent hospitalization is needed.

How to fill out a power of attorney:

1. We indicate data about the parents (parent) of the child - this is information from the passport, the actual place of residence and on what grounds the authorization is issued.
2. We fill in the data on the individual who will represent the interests of the child, in fact, will become his temporary guardian. This includes information from the passport + actual place of residence at the current moment.
3. Provides information about the child.
4. Documentation that will confirm the blood relationship between the trustee and the child of the parents.
5. Description of the reasons why the child needs a person to represent interests.
6. We indicate what duties and rights are assigned to a temporary guardian. This element of the power of attorney is the most essential, therefore, in order to avoid misunderstandings and problems, pay special attention to it.
7. We write down the data from the passport of the person acting as the witness - this can be either a notary or other persons specified in article No. 53 of the Code of Civil Procedure of Russia.

The drawing up of the authorization must be carried out by the parents themselves or by the parent (in the case of an incomplete family) of the child. There were cases when guardianship was also issued by adolescents aged 14-18 years, however, this procedure is very risky in the legal aspect, and not every notary will want to undertake it.

The most reliable certification of a power of attorney is the seal of a notary. The cost of such a service in law offices varies between 200 - 1,500 rubles, depending on the type of institution (private or public) and the region in which the person decided to draw up a power of attorney to represent the rights of the child.

3. Power of attorney to represent the interests of the individual entrepreneur

Small business is a very time-consuming type of activity in which it is very difficult for one person to manage. In order to simplify interaction with certain authorities + receive high-quality services, obtaining an authorization to represent the interests of an individual entrepreneur is a mandatory step in the successful development of a business as a whole.

In what situations may you need a power of attorney to represent the interests of an individual entrepreneur:

• when it is necessary to resolve the issue with the tax authorities;
• when applying for assistance to extrabudgetary funds;
• to draw up contracts and sign other documentation that requires the presence of the management of the parties to the transaction;
• when required;
• when representation of interests is required in banking institutions or other municipal / commercial structures.

More detailed information regarding the preparation of powers of attorney for individual entrepreneurs can be found in Article 185 of the Civil Code, however, it should be understood that only persons who have reached the age of 18 full years have the right to draw up a power of attorney. Since the act itself is drawn up within the enterprise, confirmation of a notary's office is not required. To certify the legitimacy of the documentation, the signature of the head and his seal will be sufficient.

Within the framework of an LLC, a power of attorney to represent the interests of the company is necessary as part of resolving legal issues related to the activities of the organization. As a rule, each organization has its own form of a power of attorney, however, if you have only recently worked as a company owner, you can not waste time on issuing a power of attorney yourself, but refer to ready-made samples. One of these is shown in the figure below.

Regarding the correctness of filling and a detailed listing of the rights of a trustee, it is not worth repeating. Since this paper is an official document within the organization, the outcome of the case, if it is presented in court, will depend on the fidelity of its execution.

All about issuing a power of attorney.

Notary Zhanna Glubokaya advises.

4. Power of attorney to represent interests in the traffic police

This type of documentation is used in situations where it is required to perform certain technical operations with the car, but the owner himself cannot currently deal with the issue. By transferring a power of attorney to another individual, a person saves time and money, if it concerns an individual entrepreneur or LLC. As part of everyday life, the design of such an act is simply convenient. Why drive a car for inspection, register it and carry out other actions on your own, if a good friend with connections in the service can do this.

Mandatory points of the power of attorney for the traffic police:

• exact date + time of paper preparation;
• full information about the owner of the vehicle - last name, first name, patronymic, date of birth, and so on. If the power of attorney is issued within the framework of a legal entity, the details of the company will also be required - KPP, OGRN, and the like;
• what is the purpose of drawing up an act on the transfer of rights to use a car to a third party;
• brief information about the car;
• the period during which the power of attorney to represent interests in the traffic police will be valid;
• signatures of the principal and trustee.

The peculiarity of drawing up an authorization for the traffic police lies in the additional number of forms that will have to be presented to service employees, in addition to the power of attorney itself. Depending on the type of person who is involved in the preparation of documentation, 3 packages of papers can be distinguished. You can see each of them in the table below.

For an individual	For a legal entity	For branch office (in addition to papers for legal entities)
Technical certificate	Application for vehicle registration, signed by an authorized person and certified by the seal of the company	Power of attorney for the manager of the branch, as well as reassignment for the employee-representative
Papers confirming the ownership of the car	Technical certificate	The order of the owner of the company to provide the branch with a vehicle
Owner's passport	OSAGO	Tax act on registration of a branch
OSAGO	Receipt of payment of state-established contributions	Branch Regulations
Application for registration	Machine purchase agreement
	The act of acceptance and transfer of the car
	Registration certificate of a legal entity

The duration of the power of attorney is unlimited, for persons of all types. If the period of validity is not specified in the authorization itself, the account goes by default - 1 year from the date of drawing up the power of attorney to represent interests.

The traffic police are especially demanding on the correct submission of acts, therefore, they can send a power of attorney for revision even if there are the slightest errors. Although it is still acceptable to fill out documentation in handwriting, the subjective opinion of the service worker may be the opposite. Referring to the incomprehensibility of writing, you will simply be sent back, therefore, we advise you to draw up an act only through printing.

That's all. Now, the power of attorney to represent in court, as in other state structures, is not a problem for you at all. It is enough to save the pictures in a separate folder and refer to them in any of the situations described above.

The court session requires a clear order in everything - from preparation to the issuance of a decision. And for any court session, it is important that both the plaintiff, who put forward the demands, and the defendant, who will defend himself against these very charges, take part in it.

But it often happens that either the plaintiff, or the defendant, or some other significant participant in the case cannot personally participate in the hearings. In this case, he can replace himself with a representative who will need a power of attorney. In this article, we will talk about the power of attorney to the court from an individual to an individual, as well as answer the common question “Is it possible to issue a power of attorney without a notary?”

When needed

A power of attorney is a document that gives the right to one citizen to represent the interests of another person or even organization. Only with the help of a power of attorney can you transfer powers to an outsider and indicate that he has the right to express the interests of his principal.

In court, a power of attorney is needed in the following cases:

• If documents, claims and case materials are not submitted directly, but through a representative;
• If the meeting was attended not by the plaintiff or the defendant himself, but by his representative, who partially or completely replace his principal at the hearing;
• If the plaintiff or defendant uses the service of full representation in court. In this case, a lawyer will act as a proxy;
• If a legal entity acts on the part of the plaintiff, defendant and third party. In this case, the power of attorney is issued to one of the employees, who will take on the role of the “face of the company”.

These are just the most common uses of a power of attorney. Moreover, the form of power of attorney for each case is almost always the same. But the most important question regarding the correct preparation of this document is whether it is possible to issue a power of attorney to a court from an individual to an individual without the participation of a notary?

Is it possible and how is it done?

Let's move on to the issue of participation of a notary. The law clearly answers the question "Is it possible to power of attorney power of attorney to the court from an individual to an individual without the participation of a notary?" — no, it's impossible in principle. So if you just write a power of attorney of a standard form, then your representative will simply not be allowed to participate in the case.

What is the reason for such rigor? Lots of answers:

• A trustee is a full representative of a citizen in court. That is, it will not express its opinion and position, but its principal. So the connection between the principal and the representative must be present not only formally, but also on the documents;
• The power of attorney acts as the same material of the case as evidence, testimonies and other documents. So that it must comply with all forms established by law, and until there is a notary's seal on it, it will simply - simply not be accepted;
• The power of attorney must record a valid trust relationship between two citizens. That is, it should not be drawn up under threats or through deceit, otherwise it can be used to your advantage. In order to record the voluntary consent of the parties to sign the power of attorney, a notary seal will be required.

So be sure to contact a notary if you need a power of attorney to the court from an individual to an individual. To receive it, you will first need to draw up a document, then wait for it to be verified, pay the notary according to the current price list (from 1000 to 2000 rubles) and then get a legally correct certified document.

Sample

The power of attorney for the court, unlike many other materials of the case, has a free form. However, it should be written according to the following pattern:

1. Title. On the entire width of the A4 sheet, you need to write a heading, which will indicate a short name. For example, "Power of attorney for representation in court";
2. Text part. Contains:
   1. Full name of the compiler;
   2. Passport data of the compiler;
   3. Name of authorized person;
   4. Passport details of the authorized person;
   5. A detailed description of the powers that the power of attorney gives to its owner, as well as a list of operations that the authorized person will have to perform;
   6. The duration of the power of attorney;
   7. Information on the notary certifying the power of attorney.
3. Conclusion. Contains:
   1. Signature of the compiler with decryption;
   2. Signature of the authorized person with decryption;
   3. Signature of a notary with a place for printing.

If it is difficult for you to draw up a power of attorney to the court, you can ask the notary himself for help, or use our sample power of attorney.

Criminal Lawyer. Experience in this field since 2006.

• For other samples and comments, see"Samples of powers of attorney from a legal entity and an individual. Types, form, terms of a power of attorney"

Sample power of attorney to represent the interests of a citizen in court

POWER OF ATTORNEY
to represent the interests of an individual in court

City of Moscow, October tenth, two thousand and seventeen

I am a citizen of the Russian Federation Petr Vitalievich Mamonov, born on April 1, 1985, passport series ______ N ______, issued by _______________ "__" ______ ___, subdivision code _________, registered at the address: ______________, residing at the address: _______________, I hereby authorize

Citizen Fedor Ivanovich Muzykin, born on October 23, 1991, passport series ______ N _______, issued ___________ "__" _______ ___, subdivision code ________, registered at: ______________, residing at:

conduct on my behalf and in my interests any civil cases in all judicial institutions, including when considering a case on the merits, in appellate, cassation, supervisory instances with all the rights granted by law to the plaintiff, defendant, third party, including the right to sign a statement of claim, present it to the court, refer the dispute to arbitration, file a counterclaim, complete or partial waiver of claims, full or partial recognition of a claim, recognition or change of the subject of the claim, conclusion of a settlement agreement and agreement on factual circumstances, appeal against decisions, rulings and court orders, receipt and presentation of executive documents for collection, receipt of property or money awarded, payment of state duty and other obligatory payments and the right to perform other actions related to the implementation of this order.

Muzykin Fedor Ivanovich has the right to perform all actions on behalf of the principal within the framework of enforcement proceedings in accordance with the current legislation of the Russian Federation, including receiving a writ of execution, demanding the enforcement of a judicial act, presenting for collection and withdrawing a writ of execution and other documents, without the right ( option: right) receiving the awarded property, securities and money, with the right to appeal against decisions and actions (inaction) of the bailiff, with the right to conclude a settlement agreement.

When carrying out these instructions, I provide gr. Muzykin Fedor Ivanovich has the right to submit applications and other documents on my behalf, collect the necessary certificates and documents, sign for me, certify copies, pay the state fee and perform all other actions related to the implementation of this order.

The power of attorney was issued for a period up to "__" _______ ___ with the right ( option: not allowed) assignment to other persons.

Signature of authorized person Muzykina F. I. ____________ I confirm.
(signature)

Trustee:
________________/ Mamonov Petr Vitalievich/
(signature)

City ( option: village, township, district, region, region, republic) __________ (Name)

"___" ________ ____, this power of attorney was certified by me _____________ (last name, first name, patronymic), notary _________________ (name of the state notary office or notary district).

The power of attorney was signed by Mamonov Petr Vitalievich in my presence.
His identity has been established, his legal capacity has been verified. The text of the power of attorney is read aloud by the notary.

Registered in the register for N __________.

State duty collected (according to the tariff): _________ (_______) rubles.

Notary:
__________________/________________/
(signature) (full name)

Comments:

State duty for certification of power of attorney by notaries

The state duty for certification of other powers of attorney requiring a notarized form in accordance with the legislation of the Russian Federation is determined on the basis of paragraphs. 2 p. 1 art. 333.24 of the Tax Code of the Russian Federation.

Special powers

A number of powers of a representative, by virtue of Article 54 of the Code of Civil Procedure of the Russian Federation, must be specifically stipulated in the power of attorney issued by the represented person