Art. 185 Civil Code in a new edition

Notarial acts are legally significant behavioral acts of certain persons. They are committed by subjects that have the authority to do so.

General information on activities

Subjects include:

1. Private practitioners and public notaries working in state offices.
2. Officials of local executive bodies.
3. Authorized representatives of consular offices.

They carry out registration of wills, powers of attorney for:

• The right to dispose of, use of property of other owners.
• Representation in court.
• Documents receiving.
• Representation in housing and communal services.
• Booking an apartment.
• Obtaining orders, etc.

A power of attorney is one of the main documents issued by the above-mentioned subjects. Art. 185 Civil Code clarifies what it is, the purpose of this paper and the procedure for issuing it. Let us consider this document in more detail.

Art. 185 Civil Code (with comments in 2015)

This article provides for the documentary authorization of an attorney. The power of attorney gives the right to execute transactions or other lawful actions on behalf of another citizen. As this document under Art. 185 of the Civil Code of the Russian Federation recognizes the authorization in writing, which is issued by one entity to another to represent the latter before other persons. The presence of this paper confirms the transfer of authority to the person who carries out certain actions. The document also defines their content and limit.

Features of authorization

Art. 185 Civil Code (with the comments of 2015) does not provide for the mandatory consent of the representative to draw up a document on his credentials. Paper draws up relations related to voluntary representation of interests. The need for it can be associated with different reasons. Document processing can be carried out within the framework of an employment contract, surety, etc. Differences between the scope of powers provided for in power of attorney with those that are present in the agreement between persons do not matter to other people. The latter are guided only by what is indicated in the notarial document.

Classification

The power of attorney differs in terms of the scope and content of the powers. In particular, there are:

1. General (common) securities. They are issued for the management of the property of the owner. This means that a representative has the right to make various transactions and perform other legal actions during a specific time interval.
2. Special powers of attorney. These documents authorize the implementation of actions of a homogeneous nature in a certain sphere of civil legal relations.
3. One-time papers. Such documents are necessary for the performance of a strictly defined one transaction or other legal act.

The paper for carrying out actions requiring mandatory notarization must be certified by an authorized person, except in cases expressly provided for in legislation. A document can be issued in the name of one, two or more persons. Representation can also be carried out from several citizens.

Power of Attorney (Article 185 of the Civil Code of the Russian Federation): sample

The paper must be drawn up according to established rules. First of all, it should be said that the document, according to which the representative is endowed with certain powers, must be drafted in writing. This provision is established in paragraph 2 of Art. 185 Civil Code. The procedure provides for the presence of certain requisites of the parties. In particular, there should be an indication of the name of the principal and the representative, the term, scope and content of the powers are set. In order to confirm the validity of the paper, in cases stipulated by the legislation, it is necessary for it to be sighted by certain bodies. In the second part of Art. 185 of the Civil Code of the Russian Federation (in the new edition) establishes a list of situations when it is necessary to confirm the paper. In particular, documents requiring the right to perform notarial transactions require binding sighting . A certificate is also required for powers of attorney that are drawn up for acts committed against third parties (legal entities included). In part 4 of this article, exceptions to these requirements have been established. Art. 185 Civil Code (with comments) clarifies that the confirmation does not need paper for the transactions that are issued directly by legal entities. Among these exceptions, there are legal relations, for which a mandatory notarial form is provided as a general rule.

Equivalent documents

Changes in Art. 185 Civil Code provide for cases in which as a document conferring certain powers, recognizes the paper issued:

1. A serviceman or other person who is on treatment in a hospital and other military medical institutions. Such a document has legal effect when certified by the head of the institution, the deputy for the medical unit, the duty officer or the senior doctor.
2. Servicemen, workers and employees, their relatives in the locations of units, military schools and institutions, connections where there are no public notary offices and other bodies authorized to issue such documents. The power of attorney issued in such conditions is certified by the chiefs (commanders) of the said structures.
3. Citizens staying in places of detention. The validity of such papers is confirmed by the head of the institution in which the convicted person is located.
4. Full-time active citizens residing in social security institutions. Such attorneys are certified by the head of the relevant body or by the administration of the institution itself.

These additions are given in art. 185.1 Civil Code of the Russian Federation. The adjustments indicated therein came into effect on 1 September 2013.

Special cases

As exceptions to the general rule for the implementation by individuals of the most common actions in relation to organizations, it is envisaged that the document may not be viewed in the notary's order. A certificate in this case can be carried out by any enterprise at the place of study, residence or work, as well as the administration of the hospital where the citizen is being treated. In part four of Art. 185 of the Civil Code of the Russian Federation established a list of such actions. In particular, they include receiving:

1. Salaries and other payments that relate to employment relations.
2. Remunerations of inventors and authors.
3. Pensions.
4. Scholarships.
5. Benefits.
6. Deposits in banks on accounts of natural persons.
7. Correspondence (parcel and money).

This list is considered to be exhaustive and expanded interpretation is not subject to.

Specificity of issue

Give representatives a certain authority under art. 185 Civil Code can citizens from 18 years of age, legal entities, which are not limited in rights due to the procedure established by law. The document on behalf of the organization must be issued with the signature of the head or other official. The latter should be formally endowed with the appropriate powers of constituent papers. The power of attorney of the legal entity is also certified by its seal. In case the paper is issued by an organization based on municipal / state property, for issuing / receiving money and other property values, it must contain the signature of the senior (chief) accountant of the institution. The order in accordance with which power of attorney is issued to perform certain banking operations is regulated in the Central Bank Instructions. In the card file of the bank there should be a card with examples of signatures of representatives of the legal entity, in accordance with which other employees of the organization who presented the relevant documents are being issued the necessary amounts from the account. Art. 185 of the Civil Code of the Russian Federation also establishes that documents on the authority to conduct foreign trade operations must be signed solely by the heads of companies entitled to execute them. Such papers must necessarily be certified in the First Notary State Office of Moscow.

Validity

The power of attorney acts as an urgent document. In this connection, in the first part of Art. 186 established recognition of the invalidity of the paper, which does not specify the date of its issuance. The maximum period of validity of a power of attorney is three years. A document that is issued without specifying the duration of its validity shall be valid for one year from the date of its compilation. This rule does not apply to notarial powers of attorney, which are issued to individuals for the implementation of legal actions outside the Russian Federation. Such securities have the force until canceled by the transferor. The date of registration of the document, as well as its term (if specified) are indicated in words.

Cases of termination

They are given in art. 188 Civil Code of the Russian Federation. The power of attorney ceases to apply when:

1. Expiration of the term established therein.
2. The cancellation of its actions by the issuing entity.
3. Refuse the person from the authority with which he is endowed with the document.
4. Liquidation of legal entity, on whose behalf the document was issued or to which it was issued.
5. Death, recognition completely or partially incompetent, unknown missing representative or principal.

A person who has received a power of attorney can at any time give up his powers, as well as the person who issued it, to cancel the document. An agreement to waive these rights is considered null and void.

Consequences of termination of the document

They are installed in art. 189 of the Civil Code of the Russian Federation. The person who issued and subsequently canceled the power of attorney is required to notify the representative, as well as known third parties, of his actions, in order to represent the interests to which, in fact, the paper was drawn up. Similarly, his successors must act upon termination of the document under Art. 188 (paragraph 1, paragraphs 4 and 6). The duties and rights that arose as a result of the representative's actions before he was or should have been notified of the cancellation of the power of attorney remain valid for the principal and his heirs with respect to third parties. This rule can not be applied if the person knew or should have known that the authorization document issued to him was terminated. Upon cancellation of this document, the entity to which it was granted, as well as its successors are obliged to return the paper promptly.