In the article, we will consider what a general power of attorney is. Probably everyone has heard about the legal document, but not everyone knows what authority it provides.
A general power of attorney is considered to be a transaction that is concluded unilaterally, in which one person grants the right to take any action to another. This paper is notarized. The document is drawn up for a certain period, however, if desired, the principal can withdraw it at any time. Such documents are divided into types.
Most general power of attorneys have a certain validity period (maximum 3 years), but there are also unlimited power of attorneys, which are extremely rare, and notaries are reluctant to certify them. This contract can be concluded only by adult capable citizens of the country.
What is a general power of attorney, let's find out now.
Who is the document issued to?
A general power of attorney can be issued in the name of any legal or competent natural person. The current Russian legislation on this issue does not put forward any restrictions. The direct presence of an attorney is not mandatory in the transaction, this person can even be abroad and receive a document through postal services (registered valuable letter). What is a general power of attorney for property? About it below.
What is such paper for?
The rights that are prescribed in the general power of attorney are various and can authorize the attorney to do the following:
- dispose of property, drive a motor vehicle;
- carry out all kinds of banking operations (manipulating accounts, obtaining loans, arranging deposits);
- to be the legal representative of the principal's interests in state authorities or other organizations;
- Sign contracts and other documents.
Responsibilities and Rights of the Principal
The general power of attorney in Russia has two sides - an attorney and a principal. Each of them has its rights and obligations.
The trustee citizen has the following:
- he is obliged to provide authority to the attorney, indicate them, notarize the document;
- provide the attorney with the necessary funds for the implementation of instructions;
- accept all obligations fulfilled under the contract, reward the attorney, if specified in the conditions;
- has the right to terminate the transaction at any time;
- obliged to indemnify material damage, if any.
Types of Power of Attorney
Given the characteristics of the contract, the number and content of powers, general powers of attorney are divided into three main types:
- One-time, which gives the authorized person the authority to perform a certain action once. For example, to receive cash (pension, salary) when the principal cannot do this on its own.
- Special. With such paper, the attorney receives the right to perform the same action several times.
- General (general). Through such a power of attorney, the person is given the opportunity to legally manage and dispose of the property of the principal, to make various manipulations with him.
- For all powers. This type of contract gives the attorney absolutely all the opportunities that the principal has.
The attorney has the authority to:
- To speak on behalf of the person who issued the paper in all state institutions, without restrictions on the form of ownership.
- Manage intangible and tangible property of the first person (receive a pension, salary, transfers, read letters, enter into a will).
- Solve various issues, put a signature on the documents.
- Act on behalf of the principal in various fields of activity.
Rules for registration
What is a general power of attorney and how to issue it? To do this, you need to select an attorney, prepare the data of his passport, other documents (registration certificate for a car, documentation for property rights), make several copies of all such papers. Next, you need to contact a lawyer who will give the form of a general power of attorney for the necessary powers, draw up a transaction taking into account all the requirements of the law, and certify copies. After carefully reading the text of the general power of attorney, all that remains is to put a signature and give the document to the attorney.
What is a general power of attorney for a car?
This type of power of attorney is the most common, and the following rights are the subject of delegation: sale, exchange, disposal of a motor vehicle, deregistration in state authorities of car inspection, registration of a car’s transfer to a third party, and other actions to dispose of the car. What is a general power of attorney for a car in Russia, you have an idea now.
When filling out a document, the seller must take into account the fact that until the buyer re-documents the documents in his name, all fines and tax receipts will be received on him.
Main problem
The most common and unpleasant problem is that an attorney citizen can get into a traffic accident (with injuries, victims) and disappear from the scene of the accident. Then the responsibility will be borne by the seller of the car by gender. A buyer who has not renewed a car after the conclusion of a general power of attorney is also at risk.
However, the seller can withdraw the document at any time and pick up the transport, and in the event of his death, the authority to own this car will pass to his heirs. In the event of the death of the buyer, the contract automatically becomes invalid and the car is returned to the seller. What is a general power of attorney for a car with the right to sell? Paper on a car provides for the right to sell an agent.
Power of attorney for an apartment, house or other property
A general power of attorney for an apartment or a house is one of the most frequently requested documents in this legal industry. This is the documentation according to which one citizen in the person of the principal transfers all of his rights or part of them to another citizen receiving the title of attorney. The result of such a transaction is the transfer of authority to order and manage their property to another person.
However, in this case, the actual owner does not lose his duties and rights and may at any time withdraw the general power of attorney. This applies not only to apartments, but also to any other real estate or movable property.
What is a general power of attorney for an apartment, let's take a closer look. There are various types of powers of attorney that provide more modest or broader powers to an attorney. Each type of document gives the representative the right to certain actions related to the purchase, sale, rental of real estate (apartment, house), the right to perform any one-time action, for example, instead of signing a principal, sign sales contracts.
He also has the right to represent interests, in particular, when selling real estate, all duties fall on the shoulders of the attorney, and a minimum of action will be required from the principal.In addition, the attorney has the right to resolve all issues that are related to this area of interest.
Registration of a power of attorney with the right to sell
A general power of attorney for immovable property is issued only at a notary's office. Without the signature and seal of a notary public, it will have no effect. In order for the power of attorney to be legal, it is necessary to draw up this document from a specialist who will verify the correctness of the compilation of the form. The principal and attorney must be present at the conclusion of such transactions in person. And also the following package of papers should be provided:
- Passports of the RF principal and attorney. If other identification documents were used at the conclusion of the contract, transactions are considered invalid, since only the passport has certain data that is necessary for signing a general power of attorney.
- A form with wording regarding the type of power of attorney and the actions that are performed by the future representative.
- All data is entered in the contract form, which is verified and certified by a notary.
The general power of attorney is in writing, and its main part is the authority of the attorney. It is necessary to describe them in more detail so that the representative knows exactly what is included in his rights and obligations and what is not. Due to this, in the future it will be possible to avoid the bulk of misunderstandings. What is a general power of attorney for a house is now clear, but there is a document of this kind on the ground.
General power of attorney to the earth
Such a power of attorney to the site is an official document with legal force. On its basis, the owner of the land transfers the authority by his order to the selected representative. This document is also executed in writing and notarized. The signature of the principal shall be affixed exclusively in the presence of a notary. It is also allowed to independently draw up a power of attorney, subject to the use of a ready-made form and its certification in a notary's office.
Maximum term
The maximum period of operation of a general power of attorney for land is 3 years. Since such a document gives the attorney maximum rights of action on behalf of the principal, it is especially important for him to clearly state the purpose of transferring his rights so that nothing extra is done. So, for example, it can be a general power of attorney for the sale, management, leasing, gift and so on with all the relevant steps.
The land disposal document transfers the following rights to the representative:
- Submission and receipt of finished documents.
- Preparation of papers on the land.
- Obtaining cadastral documentation.
- Registration of land on cadastral registration.
- Topographic survey.
- Conclusion of contracts in the interests and on behalf of the owner.
What is a general power of attorney for home and land? It may also convey the right to geodetic surveys, the process of surveying, making payments at the expense of and on behalf of the owner of the property. Each authority is important to fix a separate paragraph, especially control is transferred for a long time. We examined what a general power of attorney and its features are.