Is it possible to issue a power of attorney without the presence of the principal?

Is it possible to make a power of attorney without a principal?

2. Powers of attorney may be issued without the presence of the principal, but in no case can the document be certified, issued and considered valid without the presence of the principal. The issuance of a power of attorney is a unilateral transaction that does not require the presence of a representative or his consent. In this case, both parties can refuse to fulfill the terms of the document at any time, following all the necessary refusal procedures. The principal issues the document at the place of his permanent location and can send it to the proxy by mail, e-mail, or fax.

How to apply

It is very simple to draw up a regular document granting authority to an individual that does not require notarization. For such a case, a sheet of paper and a pen are enough. But the compiler must take into account the conditions that must be adhered to. A power of attorney without the presence of a proxy must be drawn up in accordance with all the rules:

1. It is necessary to indicate the personal information of the principal. If this is an individual, then information about the place of residence, passport information, etc. will be required. From a legal entity, an address, information about the manager, and TIN will be required.
2. Since the participation of an attorney in the preparation is not required, the principal indicates all the information about him independently.
3. Further, the paper must contain the powers of the person who will exercise certain powers on its basis. This point must be described in great detail, since the trustee will be able to act only within the framework of these rights and no more.
4. You must write the date the document was drawn up, otherwise it will not be valid.

The legislator does not prohibit specifying several trustees in a document. There may also be several persons granting authority. All their data is indicated during preparation. As for the design, it can be handwritten or printed. The main thing is that the paper does not contain blots, corrections, spelling errors, obscene language, etc.

Another point concerns the validity period of the transferred powers. According to the law, this period is 1 year, unless otherwise specified during preparation. It is important to take this into account when drawing up a document yourself, otherwise it will subsequently be declared void.

Power of attorney for registration

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Contacting a notary

If you need to have a document certified by a lawyer, you do not need to draw it up yourself.
This can be done by a notary using special forms. Is it possible to issue a notarized power of attorney for a person without his presence? When registration occurs without a proxy, only his passport data will also be required. It is important not to forget to clarify whether the representative has the right of delegation. If there is, then he will be able, by drawing up another paper, to transfer his rights and obligations to a third party. If the document will be used outside the country, then the validity period is not indicated, so it will be valid until canceled by the principal .

A notarized power of attorney is much more convenient to draw up, since a specialist makes sure that everything is taken into account. He enters its details into a special register, checks deadlines, etc. In addition, a document issued by a notary is considered a serious confirmation of the will of the person.

But if the powers of a person vested with authority do not include contacting a notary office, then an ordinary document can be drawn up. The main thing is that during registration, all conditions of preparation are taken into account. Otherwise, the possible outcome is litigation.

So, is it possible to issue a power of attorney without the presence of the other party? Yes, this is legal. Although in practice it is different. For example, many are now complaining that some banks require an attorney during registration. But according to the law, this is not necessary, so the actions of the credit institution are illegal.

Is it necessary to have the person for whom a general power of attorney is issued?

Either you changed your mind, or you have doubts about the correctness of your choice of trustee. Therefore, it is better to issue a power of attorney with the right of substitution, which must be notarized. Its validity period should not exceed the validity period of the power of attorney on the basis of which it was issued. The assignment can be canceled at any time, just like a power of attorney. At the same time, it is also necessary to notify those whom you decide to no longer trust. If the transferee does not do this, then he himself bears full responsibility for the actions of the person to whom the powers have been transferred. At the same time, a trustee can transfer his powers to a third party. But - provided that this is stipulated in the main power of attorney. The entrusted document must also be certified by a notary. And the principal is immediately notified of this. A power of attorney is a special document.

Is cancellation possible?

If the document is drawn up according to all the rules, then it has legal force . It follows that if any important information is missing, then the act is invalid. For example:

• Lack of signature or date (described in detail in the second paragraph of the first paragraph of Article 186 of the Civil Code).
• Incorrect information about the principal or verifier.
• Incomplete information about the organization.
• The period specified in the document has expired (Article 186 of the Civil Code, Part 1).
• The power of attorney is not certified by a notary.
• There is a contradiction with laws and regulations.
• Authority exceeds generally accepted standards of order and morality.
• It is confirmed that the power of attorney was drawn up under duress, threat and deception.
• The trustee is a small child or an incapacitated person.

We talked in more detail about the reasons for revoking a power of attorney here.

The power of attorney will be valid if the principal is an incapacitated citizen if it is proven in court that the conclusion of the agreement brings benefit to the incapacitated citizen.

You may also be interested in other materials from our experts. Read about powers of attorney for returning Russian Railways tickets, managing small boats, leasing real estate, obtaining a certificate of no criminal record, as well as representing interests in Rosreestr, Rostelecom, the police, a clinic, the Federal Antimonopoly Service and the Federal Migration Service.

By following a number of simple rules, you will not have any difficulties when registering a power of attorney. But when choosing a proxy, it is necessary to remember that the attorney cannot, by proxy, perform any actions in relation to himself (Article 182, paragraph 3). Therefore, when signing a document, it is necessary to clearly understand for what purposes it is being drawn up.

Five Required Elements of a Power of Attorney

How to draw up a power of attorney in accordance with the law? Articles 185 and 186 of the Civil Code indicate that if, when drawing up a power of attorney, a number of mandatory details are not indicated in it, then it will be declared invalid. In the figure above, we have identified five components in order to correctly draw up a power of attorney, which you should pay special attention to.

(No. 1 on the diagram)

In accordance with Part 1 of Article 186 of the Civil Code, a power of attorney that does not indicate the date of its execution is considered void - in other words, invalid. You have probably noticed more than once that the date in all powers of attorney is written in words, but there is not a word in the law about this formatting rule.

This practice became widespread thanks to notaries. It was they who began to write down the date in words, which eliminates the possibility of forging or challenging the date of issuance of the power of attorney. In addition, the header indicates the place where the power of attorney is issued. As a rule, this is simply the name of the locality where it was issued.

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(No. 2 on the diagram)

The next mandatory part of any power of attorney is personal information about the principal and the representative. If a power of attorney is issued from one individual to another, then it must indicate their passport data - series, number, issuing authority and date. Along with the passport details, the power of attorney includes the place and date of birth, as well as the registration address.

Very often there are powers of attorney where the principal is an organization and the representative is an individual. In this case, the power of attorney issued by a legal entity must contain the following information - TIN, KPP, OGRN, as well as the legal and actual address of the organization.

(No. 3 on the diagram)

When drawing up this section of the power of attorney, it is necessary to move away from general language and clarify the powers of the representative as much as possible. Take a look at our example. In this case, the principal authorized his representative to act on his behalf in a wide list of regulatory authorities on the coordination of technical work in non-residential premises. At the same time, the principal gave his representative the right to receive and submit documents, as well as certificates related to these works.

Current legislation allows you to issue a power of attorney to conclude transactions and perform certain actions. In this case, you can authorize a representative to conclude both all transactions and a specific list.

Let's look at an example. The principal gives the right to his representative to perform all legally significant actions with his car. In this case, the representative can do whatever he wants with the car - sell, rent, deregister, etc. But the power of attorney can also indicate a specific list of rights of the representative, for example, only to rent out a car.

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By the way, when buying a car, it is important to know how to check the car for restrictions and arrests.

(No. 4 on the diagram)

The validity period of the power of attorney is another important detail. According to paragraph 1 of Article 186 of the Civil Code, its absence in the power of attorney automatically sets its lifespan for one year. If the principal needs a maximum term of the power of attorney, then it must be indicated and preferably, as in our example, in words.

An enduring power of attorney is most often made with the goal of making the power of attorney last for as long as possible. For how long is a power of attorney issued? The maximum validity period of a power of attorney is three years. It is impossible to issue a power of attorney without an expiration date. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

Article 187 of the Code establishes the institution of sub-delegation (i.e., you can draw up a sub-power of attorney) which allows the person who issued the power of attorney to allow his representative to delegate the rights to another person at his own discretion. What does it mean?

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In our example, the power of attorney was issued to a lawyer who provides services for coordinating technical work with the competent authorities. At the same time, at the request of the lawyer, the principal gave him the right to delegate powers. This clarification allowed the lawyer himself to issue a similar power of attorney to his assistant, who subsequently carried out his instructions - transferring and receiving documents, paying state fees, etc.

Powers of attorney executed by way of delegation must be certified by a notary. In addition, the representative can delegate his rights to another person only for the period specified in the initial power of attorney.

A power of attorney with the right to be delegated from our sample, issued to a lawyer for one year with the right to be delegated. Based on this, he will be able to delegate rights to his assistant within the validity period of the power of attorney he received. At the same time, the transfer of the rights of the representative to a third party does not deprive him of the opportunity to independently resolve issues for which he is authorized. This rule is established by paragraph 6 of Article 187 of the Civil Code.

Principal's signature

(No. 5 on the diagram)

The last detail that makes the power of attorney valid is the signature of the principal. When you sign a power of attorney, it is better not only to leave an autograph, but also to decipher your last name, first name and patronymic. In our example, these details are overwritten for obvious reasons. Your signature on the power of attorney is a guarantee of its authenticity and legality of execution. The validity of the power of attorney will begin only from the moment it is signed; without this information it will not be accepted anywhere.

Issuance of funds by proxy

You can receive money using a power of attorney at the Sberbank branch where the deposit was made. To do this, you need to provide bank employees with:

• passport of the authorized person or other identification document;
• agreement for opening and servicing a deposit;
• original power of attorney;
• passport of the deposit owner.

To ensure that there are no delays or refusals when carrying out operations on deposits in Sberbank, carried out without the participation of their owners, you need to properly issue a power of attorney in advance. This document will allow the trustee to freely take advantage of the opportunity provided by the principal.

Sources

Source - https://notarius-russia.ru/art/14.php Source - https://advokatorium.com/index.php/ru/yuridicheskaya_konsultatsiya/mozhno_li_napisat_doverennost_bez_prisutstviya_doverennogo_litsa Source - https://prosobstvennost.ru/doverennost/na- cheloveka-bez-ego-prisutstviya.html Source - https://m.pravoved.ru/question/546884/ Source - https://m.yurist-online.net/question/157825 Source - https://notarius- bez-prisutstvija.ru/ Source - https://corona-tv.ru/strahovanie/notarialnaya-doverennost-bez-prisutstviya-doveritelya Source - https://www.gos-ur.ru/questions/111308-mojno_li_oformit_notarialnuyu_doverennost_bez_prisutstviya_doverennogo_litsa/ Source — https://notarius-bez-prisutstvija.ru/ Source — https://yuldasheva.ru/our_service/doverennost/ Source — https://www.sravni.ru/vklady/info/kak-oformit-doverennost-na -vklad-v-sberbanke/

Without whom can you not draw up a document?

A power of attorney is only valid if it is officially certified by a notary, so you will have to find time to contact an authorized person.

Important! For a document to be valid, it must bear the signature of the principal, which he put in the presence of a notary.

The principal, that is, the owner of the general power of attorney, the citizen who trusts another person to perform any actions, must be present at the conclusion of the agreement, otherwise the document is considered unlawful.

Registration in the absence of one party

One of the most common forms of power of attorney can be called general (Article 185 of the Civil Code of the Russian Federation). It is drawn up when it is necessary to transfer authority to another person.

There are several cases in which a general power of attorney is required:

• When it is necessary to transfer the ability to carry out any actions on behalf of a citizen. For example, signature rights or property management.
• To perform any operations. This could be receiving correspondence.
• One-time sale of property.

Since this is a one-sided document that does not require the consent of the second party, only the principal can be present when signing.

Article 188 of the Civil Code states that both parties can unilaterally terminate the agreement at any time .

Without an attorney

So, a power of attorney can be issued by a notary without the presence of an attorney, that is, a person who will further represent the interests. How to do this?

The situation when people cannot meet to draw up a power of attorney arises quite often. As mentioned earlier, the power of attorney is one-sided, so the principal can contact the notary himself .

In this case, it is advisable to have a photocopy of all pages of the passport of the person for whom the document will be issued. The notary has no right to demand a photocopy from you, that is, you can simply copy all the necessary data onto a piece of paper.

You need to make sure that there are no unnecessary abbreviations or errors. All data must be written down exactly as in the passport. Otherwise, your representative may have difficulties.

Without a principal

It is impossible to conclude a power of attorney without the presence of the principal ; however, there are cases when it is permissible to certify a power of attorney without the signature of the principal. This is only permitted if the citizen whose interests need to be represented is illiterate or has some kind of physical disability.

In order to sign the power of attorney, an official is appointed. In the presence of a notary and a principal, he puts his signature on a document with a detailed description of why the person cannot do this on his own.

At the moment, the Civil Code of the Russian Federation, Article 185 (clause 5.12) identifies certain categories of people who cannot act as a forceful person :

1. Attorney.
2. A notary who certifies these documents.
3. A person who is officially at least partially disabled.
4. Illiterate.
5. A citizen who has an illness or physical disability, as a result of which he cannot fully understand what is happening.
6. If a person does not know the language in which the document is drawn up.

If the principal for some reason cannot come to the notary service himself, then today there are services to call a notary to your home, but you must be prepared to pay extra for this.

Form of execution of power of attorney

According to the form of execution, there are two types of powers of attorney: notarized and in simple written form.

Notarial ones are powers of attorney for transactions that require state registration or a notarial form. For example:

1. Power of attorney for the sale and purchase of real estate.
2. Power of attorney to submit an application for cadastral registration of real estate.
3. Power of attorney for a representative to obtain a repeated certificate of state registration of a civil status act.
4. Power of attorney to submit documents on registration of an individual entrepreneur or legal entity to the tax authority.

A notary can certify any power of attorney - even one for which a notarial form is not required by law.

To issue a notarized power of attorney, you need to come to any notary with a passport. This is a paid service. The state fee for certifying a power of attorney on behalf of an individual is from 100 to 500 rubles, depending on the type of authority and the degree of relationship with the representative. Power of attorney for a son or mother will cost less than for a stranger. The cost of a power of attorney will also increase if the number of representatives is more than two - by 100 rubles for each representative, but not more than 1,500 rubles.

If you know exactly what powers you need and how to formulate them, you can print the power of attorney yourself and ask a notary to simply certify it. The main thing is that all the required details are there.

You can also ask a notary to prepare a power of attorney. He already has templates for all occasions - the notary will add your personal information and print it on a beautiful form. For this work, the notary will charge a fee “for legal and technical services.” The cost may be several times higher than the state duty, but you won’t have to worry about anything. The notary himself will figure out what you want and how to formalize it.

Even if the power of attorney was drawn up by a notary, it must be read and checked at the notary’s office. The notary may misspell important information, such as your name or address. In the future, this can be corrected by the same notary for free, but it is better to check everything on the spot.

Not only a notary can certify

Not only a notary can certify a power of attorney. Depending on the situation, the following will be considered notarial:

1. The prisoner's power of attorney, certified by the head of the prison.
2. The patient's power of attorney, certified by the administration of the inpatient medical institution. This rule applies only to powers of attorney for receiving salaries, remuneration of authors and inventors, pensions, benefits and scholarships, or for receiving correspondence, with the exception of valuable ones.
3. Power of attorney of a person staying in a social institution with permanent residence, certified by the administration of this organization.
4. A power of attorney from a serviceman and his family members living in an area inaccessible to a notary, certified by the commander of the military unit.

Powers of attorney in simple written form can be printed independently on a computer or written by hand. For example, to obtain a certificate, document or apply for a pension from the Pension Fund of the Russian Federation, you do not need to go to a notary. You can entrust these actions to another person by indicating in the power of attorney information about the principal and representative, the date of the power of attorney, powers and validity period. In simple written form, you can issue a power of attorney to drive a car or obtain a work book at work.

Some powers of attorney in simple written form must be certified by officials of various organizations. For example, a power of attorney to receive a valuable parcel can be certified not by a notary, but by the head of the post office. A bank employee has a power of attorney to dispose of the deposit. It's free.

Depending on the scope of the representative’s powers, there are three types of powers of attorney:

1. One-time - for one specific action. For example, to receive a package by mail.
2. Special - for a number of similar actions. For example, to represent interests in court.
3. General, or general, - for a variety of legal actions, including the purchase or alienation of property and the signing of documents.

Types of powers of attorney (general, special, one-time)

The paper in question can be handwritten or printed, drawn up either in the form of a special document or in any other form. For example, if you trust, as they say, from a distance, then you can resort to the help of telegraph, fax, or e-mail. A notarized power of attorney is printed on a special form, with the signature and seal of a notary.

2. Before putting your signature, the seller needs to carefully read what exactly he trusts. There are cases when a power of attorney is issued for one simple operation (for example, for collecting documents), but in fact - for the sale of an apartment. In it, as if between the lines, the following phrase may be “lost”: entrusted to sell at its own discretion with the right to receive money.

Contents of a one-time document without notarization

So, let's look at a sample of a one-time power of attorney, without a notary. As an example, let’s take a power of attorney without a notary, issued from an individual to an individual to receive a salary.

In accordance with Art. 185.1 of the Civil Code of the Russian Federation, this document can be certified by the enterprise in which the principal carries out labor activities. For example, an HR employee.

The general contents of the document include:

• The name of the document, allowing it to be distinguished from other types.
• Information about the place and date of issue.
• “Body” of the document (full information - who is issuing it? to whom? for what?).
• Signature of the principal and an employee of the organization - the witness, as well as a transcript of the signature.

So, now we know that a power of attorney to receive a salary without a notary is not a complicated thing at all.

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consent of the guardianship authorities for the sale of the apartment

A list of countries that are planned to be visited is also indicated.

• passport of the director/general director;
• certificate of registration of a legal entity;
• charter;
• a document certifying the registration of a legal entity with the State Register of State Register;
• extract from the Unified State Register of Legal Entities - the period from the date of issue should not exceed 30 days;
• founders' agreement (if any);
• decision to create a company;
• protocol on the appointment of the head/general director and chief accountant;
• list of delegated powers.

Notarization is required by a power of attorney from an individual entrepreneur to register/liquidate an individual entrepreneur, make changes to the Unified State Register of Individual Entrepreneurs, participate in transactions for the alienation/purchase of real estate, apply to the tax authorities, conduct business in court, open a bank account and/or manage funds on it. You need to provide the following documents:

• passport of the individual entrepreneur;
• certificate of assignment of TIN;
• extract from the Unified State Register of Individual Entrepreneurs;
• passport details of the authorized person - you can invite the attorney himself with a passport or bring a copy of the document.

The certifier will be the director of the enterprise, the head physician, the dean and other competent persons. The executed power of attorney is affixed with the seal of the organization that issued it or the signature of the manager.

Summary

• Can an individual entrepreneur issue a notarized power of attorney without the presence of a trustee?
• Is it possible to issue a pension to another person without a power of attorney, but in the presence of the pensioner.
• Is it possible to enter into an inheritance without personal presence, through a power of attorney?
• Is it possible to give a power of attorney for a car without the presence of the person to whom it is given?
• Is it possible to make a power of attorney for living space without the presence of a trusted person?!
• Is it possible to issue a power of attorney without the signature (presence) of the authorized person?
• You can issue a power of attorney to a person using passport data without his presence.
• Is it possible to issue a power of attorney without the presence of a trusted person?
• Is it possible to issue a power of attorney without a proxy?
• Execute a power of attorney without the presence of an authorized person
• How to issue a power of attorney without the presence of a trusted person
• Executing a power of attorney without a proxy

Questions

1. Can an individual entrepreneur issue a notarized power of attorney without the presence of a trustee?

1.1. Hello, maybe. The notary only needs to provide the passport details of the person to whom the power of attorney will be issued. Good luck and all the best

1.2. Hello! The presence of a proxy is not required when executing a power of attorney. It is enough for the authorized person to transfer his passport data.

1.3. Good night! Yes, you have the right to contact a notary and draw up a notarized power of attorney without the presence of an authorized person.

1.4. A notarized power of attorney can only be issued by a notary. An individual entrepreneur can issue a power of attorney to his employee or other person and certify it with his seal.

1.5. Hello, Igor! A notarized power of attorney can be issued by a notary without the presence of a proxy; An individual entrepreneur can issue a power of attorney by certifying it with his seal. Sincerely, STANISLAV PICHUEV.

2. Is it possible to issue a pension to another person without a power of attorney, but in the presence of the pensioner.

2.1. You cannot issue a pension to a stranger, since to receive it you need the pensioner’s identity card and his signature on receipt.

3. Is it possible to enter into an inheritance without personal presence, through a power of attorney?

3.1. Good afternoon, dear Olga. Yes, you can hire a representative and he will draw up all the necessary documents on your behalf

Good luck to you and your loved ones!

4. Is it possible to give a power of attorney for a car without the presence of the person to whom it is given?