Notarised power of attorney

The Civil Code of the Russian Federation regulates how to execute various types of powers of attorney (including how to issue a general power of attorney). The document is intended for transmission by one person to the second. A power of attorney is a written authority. It is used in representation before the third (third) person. A notarized power of attorney to conclude a transaction may be transferred by the principal directly to the third party participating in the transaction.

Due to the fact that a written authority is considered to be a one-sided transaction, the will of the principal is sufficient for its emergence. However, the presence of a representative is not necessary. Notarial power of attorney provides in its content the scope of actions that may be performed by a representative. The duties and rights of the person delegating authority arise as a result of activities performed by his representative on his behalf. For the representative himself, legal consequences do not come.

Notarial power of attorney is necessary for the performance of a certain number of transactions for which the law requires a mandatory form, notarized. Exceptions are cases provided for by law. In special situations, the law authorizes the execution of a power of attorney not by a notary, but by another person (official) authorized to commit such acts. The Civil Code defines a list of documents that have the status of written authority.

Notarial power of attorney, in accordance with the law, can be revoked by the client at any time. At the same time, a representative may at any time refuse to do so. The cancellation of the notarial power of attorney is carried out by means of the execution of the corresponding order. The person transferring the authority (or his successor) is obliged to report on the implementation of this order to the representative and to those persons (persons) to whom the trustee represented interests. All the duties and rights that have arisen as a result of the activities of the authorized person, before he became or should become aware of the cancellation, retain for the principal or his legal successors legal force. An exception may be cases when the implementation of the procedure for termination of written authority was or should have become known to third parties. After the termination of the notarial power of attorney, the representative or his successors must return the document.

The term of validity of written authority from the date of commission shall not exceed three years. If the deadline is not specified, the document remains valid for a year. The power of attorney is invalid, in which the date of its compilation is not indicated. If the period of validity is not specified in the written authorization stipulating the performance of activities outside of Russia, the legal force of the document remains until the principal revokes it.

The representative, who is given certain powers, is obliged to perform all the actions specified in the document, personally. It is permissible to delegate authority to another person, provided that the power of attorney contains information about the right of substitution, or in view of the circumstances that cause the representative in the interests of the principal to transfer his functions to another person. When delegating authority, the representative necessarily informs the principal about this. At the same time, all the necessary information is provided about the person who has received the authority. A new document on the transfer must necessarily be certified by a notary. The period of validity must not exceed the period that was established for the previous written authority.

The power of attorney is terminated as a result of the expiration of the term, the refusal of the functions of the representative, cancellation, incapacity, death or recognition of the missing client or representative, and after termination of the legal activity of the person who was the representative or principal.