Legal advice On the registration of power of attorney
Often I am leaving on a long trip. Previously, the employer gave my wife a power of attorney to receive parcels and correspondence by e-mail. Now she refuses and says that the power of attorney is not suitable. Is it legitimate?
Indeed, since September 1, 2013 in the text of the Civil Code (the Civil Code) significantly transformed the rules governing the procedure for registration of power of attorney. The text of chapter 10 "representation. The power of attorney "to add two new articles - 185.1" Certification authorization "and 188.1" Irrevocable Power of Attorney. "
In accordance with paragraph 1 of Article 185 of the Civil Code to September 1, 2013 recognized the power of attorney written authorization issued by one person to another person or other persons for representation before third parties.
It follows that any power of attorney should absolutely be made in writing. In the cases mentioned in the law, power of attorney requires notarization or certification by organizations and individuals that are directly stipulated in the Civil Code or any other law.
On the basis of the provisions of Articles 182, 185, 186 of the Civil Code, the power of attorney gives the right, indicated in her face (representative) to represent the issuer trustee (trustee) for the period specified in the authorization.
From the new wording of paragraph 1 of Article 186 of the Civil Code ruled out expires and the power of attorney three-year period. Now, the power of attorney may be issued for any period of time, including more than three years. If the proxy is not specified expiry date, it shall remain in force for one year from the date of the transaction.
Thus, in the absence of a power of attorney indicate the expiration date indicates only that the power of attorney issued for a year, and is not the basis for the recognition of such a power void.
The minimum term of the power of attorney in the Civil Code of the Russian Federation, m is not set and is determined by the principal alone. On the basis of Article 190 of the Civil Code, according to which the term is defined by the calendar date or expiration of the period of time that is calculated in years, months, weeks, days or hours, we can conclude that the power of attorney may be issued not only for one day, but also a certain number of hours.
The procedure for license authorization, previously regulated the rules of paragraphs 2-5 of Article 185 of the Civil Code is now designed as a separate article 185.1 of the Civil Code.
The need for notarization (except as provided by law) from 1 September 2013 pursuant to paragraph 1 of Article 185.1 of the Civil Code applies not only to the power of attorney for transactions requiring notarial form, but also to:
filing an application for state registration of rights and transactions;
order registered in the State Register of Rights.
The list of powers of attorney, equated to notarized, has not undergone significant changes. On the basis of paragraph 2 of Article 185.1 of the Civil Code are recognized as such:
the power of attorney of servicemen and other persons treated in hospitals, sanatoria and other military medical institutions, which are certified by the head of such an institution, his deputy at the medical unit, and in their absence - or the senior doctor on duty;
proxy troops, and in places of location of military units, formations, institutions and military schools, where there is no notary offices and other bodies to perform notarial acts, powers of attorney of workers, their families and the families of military personnel, which is certified by the commander (chief) of the The compounds, agency or institution;
trustees who are in prison, which is certified by the chief of the respective places of detention;
powers of attorney of capable citizens in institutions of social protection of the population, which is certified by the administration of the institution or the head (his deputy) of the relevant body of social protection.
On the basis of paragraph 3 of Article 185.1 of the Civil Code d overennost to salary and other payments associated with labor relations, to receive remuneration of authors and inventors, pensions, allowances and scholarships, or for correspondence, with the exception of valuable correspondence may be certified organization in which the principal works or studies, and the administration of the inpatient treatment institution in which he is being treated.
Compared to effect prior to 1 September 2013 from the list of standard material values, to which the power of attorney may also be certified by the rules of paragraph 3 of Article 185.1 of the Civil Code, ruled valuable correspondence.
Thus, from September 1, 2013 the principal employer is not entitled to certify the power of attorney to obtain valuable correspondence and mail organization, in turn, take a power of attorney.
Under the rules of paragraph 3 of Article 185.1 of the Civil Code is now also can not make sure the power of attorney for a citizens' deposits in banks.
In addition, compared with the effect prior to September 1, 2013 the norm among the persons entitled by way of paragraph 3 of Article 185.1 of the Civil Code to certify the power of attorney, are excluded housing maintenance organizations, banks and communication organization.
For all the power of attorney executed in accordance with paragraph 3 of Article 185.1 of the Civil Code, the legislator provides for the necessity of their license on a free basis. Earlier, the indication referred only to the power of attorney certified by a bank or telecommunications entity.
The meaning of certification of the signature of the principal according to the rules of paragraph 3 of Article 185.1 of the Civil Code is that the organization, which employs the principal certifies that the signature on a power of attorney executed just that, and not any other person. However, as explained in the decision of the Supreme Court of the Russian Federation of 05.02.2009 № 20-V08-16, the signature of the principal license by himself (for example, if he is the head of the organization) is contrary to the meaning of this provision of the Civil Code, as such certification is not can guarantee to third parties, which subsequently presented a power of attorney, the accuracy of the signature of the principal.
The answer to the question prepared by the chief specialist of the Legal Support Department of the contract system in the procurement of the Administration of the city of Omsk EN Ashvits.