Today, with the high development of entrepreneurial activity more common an element of representation, as the power of attorney to sign.
for correctly handling the power of attorney in writing (simple) form should be aware that on the basis of legal practice and law in the form of a document should contain.
First, the power of attorney (for the right to sign documents) shall contain the name of the document, date and place of registration number, signature and seal of the head.In addition, you must pay special attention to the text of the document and the scope of the rights that prodelegirovany trustee.Must be drawn up a list of actions that will allow to perform this authorization and, if necessary, it just indicates a third party in the relationship with the power of attorney that allows you to represent.
should not be used when placing a document common phrase like "and other related powers of attorney."These formulations may create unnecessary differences on the definition of borders authorized representative.Specific (major) powers should be painted in detail.
As an example, consider the following scenario.The Arbitration Court received a petition from a private entrepreneur Vladimir with a lawsuit against the company "M" on the invalidity of an additional agreement drawn up to lease agreement, which was concluded Citizen acting under a power of attorney.Entrepreneur B. to substantiate their claims argued that he allegedly confided citizen M. perform actions that were related to domestic economic needs, but in any case not to sign an agreement on its behalf.However, the text of which had power of attorney for the right to sign contracts, indicates the opposite.The civil rights are taken into consideration the literal meaning of all statements contained in the document, in its interpretation.
literal interpretation specified in the proxy authority of the person representing the interests of the citizen B., found that the plaintiff has an attorney M. citizen to take any action necessary for all matters relating to it as a property owner in the city of K with the right signatures necessary agreements andcontracts, as well as making any changes in them.It turns out that the entrepreneur has defined the boundaries and conditions for realization of the order, that is no reason for a different interpretation of the text of the contested proxy.
This example demonstrates that the power of attorney was drawn up for the right to sign, which contained not the powers that supposedly provided the principal attorney face.
Thus, to avoid any similar situations in the power of attorney must contain the basic text drawn up so that no one had any doubt who is the representative, who is represented by what authority specifically represented, and that the power of attorneythe right to have the validity of the signature.
Speaking about the validity of the trust documents, the requisite indicated in the form of the document and the date of issue it may not have a duration of more than three years.
power of attorney for the right to sign, issued over a long period, poses some danger.A situation may arise when the principal will doubt the integrity of his authorized representative before the expiration of the document.In the event of such circumstances should immediately withdraw the power of attorney to sign.To do this, you must notify the trustee in writing of the return of the original document.
