Power of attorney for the right to sign: design features

Today, with the high development of entrepreneurial activity, such an element of representation as a power of attorney for the right to sign is widely spread.

In order to properly execute a power of attorney in a written (simple) form, you should know that on the basis of law enforcement practice and law in this form of the document should be contained.

First, the power of attorney (for the right to sign documents) must contain the name of the document, the date and place of the commission, the registration number, the signature of the head and the seal. In addition, it is necessary to pay special attention to the text of the document and the volume of rights that are delegated to the authorized person. A list of actions must be drawn up which will allow the execution of this authorization, and if necessary, the third person, in the relations with which the power of attorney allows representing interests, is accurately indicated.

It is not necessary to use the phrases of the type "and other powers related to the power of attorney" when drafting the document. These formulations can create unnecessary differences on the definition of authorized representative boundaries. Specific (important) powers should be detailed.

As an example, we can consider the following situation. The arbitration court received an appeal from the individual entrepreneur V. with a claim against ZAO M about the invalidity of the supplementary agreement drawn up to the lease agreement, which was concluded by citizen M acting on the basis of a power of attorney. Entrepreneur V. in substantiating his claims brought arguments that he allegedly entrusted citizen M. to carry out actions that were related to domestic economic needs, but in no case to sign an agreement on his behalf. However, the text that had the power of attorney for the right to sign treaties, pointed to the opposite. The norms of civil law take into account the literal meaning of all the expressions contained in the document, with its interpretation.

The literal interpretation of the powers indicated in the power of attorney of the person representing the interests of citizen V. showed that the plaintiff granted the authorized citizen M. to perform any actions on all necessary matters relating to him as the owner of real estate in the city of K. with the right to sign the necessary agreements and contracts, and Making any changes in them. It turns out that the entrepreneur has determined the boundaries and conditions for the implementation of the commission, which does not give grounds for another interpretation of the text of the contested power of attorney.

This example clearly shows that a power of attorney was signed for the right to sign, which contained not the powers that the trustee allegedly provided to an authorized person.

Thus, in order to avoid such situations, the power of attorney should contain the main text drawn up so that no one doubts who the representative is, who it is, what powers are specifically represented, and also that the power of attorney for the right Signature has a legal validity.

If we talk about the validity period of confidential documents, then this props are indicated in the document form and it can not have a duration of more than three years from the date of issue.

The power of attorney for the right to sign, issued for a long period, holds some danger. There may be a situation where the principal will begin to doubt the integrity of his authorized representative before the document expires. In the event of these circumstances, the power of attorney for the right to sign must be immediately withdrawn. To do this, you must notify the authorized representative in writing of the return of the original document.