In order to defend your claim or competentlybuild a line of defense, if you act as a defendant in court, you need to have some legal knowledge. In many organizations - both public and private, there is a full-time lawyer, and sometimes entire departments. They are involved in the processes on behalf of the Jurassic. persons, make inquiries, make petitions, etc. The second step after choosing a trustee is the documentary registration of his rights to representation in court. In the article, we'll talk about how to do it right.
In 2013, the rules and requirements were significantly simplified, in accordance with which a power of attorney for representation of interests in court should be drawn up.
How to apply?
According to the civil legislation of ourcountry power of attorney is nothing more than a written authorization granted by one person or organization to another person or persons with the purpose of representing his interests. It is issued, as a rule, on the company letterhead of the enterprise signed by its head or other authorized persons in accordance with the constituent documents (in particular, the Charter) of persons and, at the end, is sealed by the seal (if any).
The legal form of this document does not exist, therefore, it is proposed to use, a written power of attorney from a legal entity, a sample of which you will find further in the text.
For how long can I issue a power of attorney?
One of the main aspects of the power of attorney isthe period for which it is issued. As it was said above, in 2013 the Civil Code was amended and now the head of the organization (company) has the right to independently determine the period for which the document is issued. In the previous version of the legislation, he could not exceed 3 years. Now the maximum term that a power of attorney can have from a legal entity (the sample is below in the text) is not established, however, like the minimum one.
In principle, it can not be specified at all. In this case, the power of attorney will remain in force for one year from the date of its execution. However, if you do not specify the date when the document was issued, it will be considered invalid.
When should a power of attorney be certified by a notary?
Power of attorney in court from a legal entity (sampleis presented below), requires certification in the notary's office only in certain cases, which are stipulated in the Civil Code of the Russian Federation. Namely, if it is issued for the execution of transactions that require a notarial form, the disposal of rights registered in state registers, the filing of applications for state. registration of transactions or rights.
Power of attorney from a legal entity: a sample
Power of Attorney No. ___
(date in words)
________________________________________________(the full name of the company) (hereinafter referred to as ________________________ (abbreviated name)), the CCP, TIN, legal address: ________________________________________________________________________, represented by the head ______________________________ (Name), acting on the basis of ________________, authorizes the present power of attorney of the citizen:
________________________________________ (FULL NAME.), _______ of the river, passport series ________ number __________, issued _____________________________, registered at: __________________ represent the interests of the enterprise in the judicial bodies (general jurisdiction, arbitration and others - it is necessary to choose something concrete or to stop on the general formulation) with all rights , which are provided to the claimant, the defendant and a third party, including the right to ________________________________ (transfer of the granted rights through the comma).
This power of attorney is valid until _____ (specify the date, or the period for which it is issued), without the right to delegate authority to it to third parties.
Signature (name of the authorized person) ____________ (signature) I certify
Director ____________________ (signature) _______________________ (Full name)
A power of attorney can be issued on this formin an arbitration court from a legal entity of the world, general jurisdiction. And the scope of authority you must specify, depending on the specific situation. Most often listed are all the rights that the parties have in the trial.</ p>