From time immemorial people conclude agreements among themselves. The merchant's word was harder than stone and did not require a signature, but over time the agreements took on a written form. One of the conditions for the validity of the contract was the reliability of the signatures on it.
Do not sign - do not agree
Relations in the economic turnover, as a rule, draw up a contract. A separate section of the agreement is reserved for indicating the details of the parties: account, address, contacts. Signatures of the parties are also located here. Can a trustee sign the contract? The law allows this and proposes to use a power of attorney to sign contracts for such cases.
Legislation recognizes signature as one of the indispensable attributes of a business or civil contract: without it, an agreement does not take effect. The agreement usually contains a direct reference to this: "The contract shall enter into force upon signature by the parties."
The signature must be reliable and belong to the person who has the right to sign a specific contract, indicating his regalia: position, name and surname. The basis for this is the power of attorney to sign the contracts.
Who can sign contracts?
Typically, a citizen signs transactions on his own behalf, and for the enterprise there is the concept of representatives. However, a private individual may have his attorney.
A power of attorney for the right to sign contracts is the legal basis for the transfer of rights to a representative. The organization may indicate the powers of its proxies in the constituent documents or in a special order. However, in practice, a power of attorney is the most convenient and universally recognized form of transfer of rights.
The power of attorney indicates its validity period, lists the rights of the representative, his powers. It is better for a private person to assure a power of attorney with a notary, and the organization for the most part can do on its own, confirming the representative's rights with a seal.
The correct execution of a power of attorney for signing contracts is especially important, because an illegitimate transfer of rights may entail invalidation of the agreement, and as a result, recovery of material losses from the guilty party. By transferring the right to sign contracts to the representative, both citizens and organizations should approach the execution of a power of attorney with full responsibility.
Attorney Details
The transfer of rights to an authorized person can be performed only by one who himself has such powers. If everything is clear with a private person - the power of attorney is signed by a citizen, then on behalf of the organization the director or other manager specified in the constituent documents delegates authority to the representative.
What must be required in the power of attorney?
- full name, first name and patronymic of the representative, his passport data;
- date of issuance of the power of attorney and its validity;
- terms of reference of a proxy;
- what rights does the representative receive;
- Principal's signature and representative's signature sample.
It should be noted that the date of issue is an integral attribute of the power of attorney: without it, the document will be invalid. The signing of a power of attorney agreement by a person who does not have the appropriate authority may have the same consequences.
Power of attorney for signing contracts: sample document
Let us give an example of a power of attorney issued by an organization to an official who can sign a certain category of agreements concluded by the enterprise.
Power of attorney for signing contracts
[Date]
With this power of attorney, the director of the LLC [name] [surname, name and patronymic (in full)], acting on the basis of the Charter, instructs the head of the logistics department [surname, name and patronymic (in full), series and number of the passport, by whom it was issued, date of issue ] perform all necessary actions necessary for concluding contracts for the purchase of goods, work, services necessary to ensure the uninterrupted operation of LLC [name], for which it transfers the following rights to the authorized representative:
- represent the interests of LLC [name] on the basis and within the scope of this power of attorney before third parties, both legal and physical;
- conclude, amend, terminate and sign business contracts within the limits of their competence;
- sign the protocols of disagreements and additional agreements to these agreements.
The power of attorney was issued without the right of substitution for a period of one year and is valid until twenty-fifth of June two thousand and fifteen.
Signature [Full name] [signature sample] I confirm.
Director of LLC [name]
Signature
[FULL NAME.]
The form of the power of attorney for signing the contracts given above can be redesigned for a specific situation. Trust correctly!
