A power of attorney is a written authorization issued by one person to another person or other persons for representation before third parties
What is important: Powers of attorney on behalf of minors and on behalf of incapacitated people are issued by their legal guardians
For different entities, there are options for powers of attorney:
- for individuals and individual entrepreneurs without a seal—a notarized form of a power of attorney
- for an individual entrepreneur with a seal—a simple power of attorney with a seal impression
- for organizations—a simple power of attorney with a seal impression
To execute a notarized power of attorney, the principal should personally apply to a notary with a passport and data of the representative. It is recommended to send a draft power of attorney to the notary in order to speed up the issuance procedure and indicate all the necessary powers
A power of attorney on behalf of a legal entity is issued under the signature of its director or another person authorized to represent it in the arbitration process in accordance with the law and constituent documents
Usually, the lawyer sends the principal a draft power of attorney indicating all the important data
The power of attorney should specify:а) the name of the document
б) the place of its execution (city (village, settlement, district), territory, region, republic, autonomous region, autonomous district in its entirety), and in the case of certification of the power of attorney outside the premises of a notary's office, also the address of certification
в) the date of its execution (the date, month, and year of execution of the power of attorney shall be indicated in words)
г) information about the represented person and the representative:
- in relation to an individual, the full name and place of residence (if any) should be indicated
- in relation to a legal entity, the full name, address, location, and (if any) registration number
д) powers
е) signature of the represented person or legal entity, seal of the legal entity or individual entrepreneur
and may also contain:
ж) the period for which it was issued
з) indication of the right or prohibition of sub-delegation, the possibility or prohibition of subsequent sub-delegation
What is important: A power of attorney issued by way of sub-delegation should be notarized (except for a power of attorney issued by way of sub-delegation by legal entities, heads of branches, and representative offices of legal entities)
In order to be able to perform all procedural actions, the power of attorney should contain special powers; otherwise, the representative will be able to use only general powers
Also, a power of attorney can be issued, for example, only to represent interests, or it can be issued to the court, Rospatent, and the FAS at the same time. At that, specific powers should be indicated