A person who engages in entrepreneurial activity does many things during the working day. Individual entrepreneur (hereinafter referred to as IP), seeks to ensure that its business develops, grows and brings tangible benefits. Agree with suppliers, find customers, make sure that the purchased goods reach the destination safe and sound, resolve conflicts ... In addition, conducting paperwork, processing endless documents that require special knowledge, simply “eat up” a considerable amount of time. It is sometimes difficult to manage on your own, but there is still a way out. Some of the work can be transferred to a trustee, issuing a power of attorney from the individual entrepreneur. This document is diverse in its structure and nature. What varieties of the document exist and how to draw it up, let's go sort it out.
Power of Attorney, what is it?
The very word "power of attorney" speaks for itself. This is a kind of carte blanche for actions on behalf of and on behalf of one person to another. The relationship between the entrepreneur and the attorney is based on trust.
In terms of law, a power of attorney is one-way deal. A power of attorney from an individual entrepreneur is a written document issued by an entrepreneur to another person authorized to perform significant actions from a legal point of view before third parties. Moreover, the range of actions can be varied - from a one-time receipt of inventory items to conducting business in judicial instances and representing interests in various state institutions and authorities. Actions performed by a proxy are deemed to have been committed by the client themselves and give rise to legal consequences only for the entrepreneur.
Types of Power of Attorney
The most common cases of the need to issue a power of attorney are: registration of a business, obtaining material assets, relationships with banking institutions, as well as issuing a document to an accountant to submit and request the latter necessary documents and reports to the tax inspectorate, representing the interests of an entrepreneur in relations with various state and private structures.
A sample of a power of attorney from IPs for performing the listed actions can be found in institutions where such actions should be performed. A power of attorney can also be issued for specific actions (one-time) or for a long time to perform the same, repeated actions. A special type of document is considered a general power of attorney - this is a power of attorney from the individual entrepreneur, which is issued for the commission of various actions for a long time.
Form of power of attorney
The form of the document can be simple written and notarized. In some cases, a simple form is required, and in which a notarial form is provided for by civil law.
The power of attorney from the individual entrepreneur should be drawn up in accordance with certain rules, otherwise it will be a piece of paper with an order that has no legal force. It should be noted that a single obligatory or standard form of the document does not exist; when compiling and issuing it, one must be guided by the norms of the civil and tax codes that determine the requirements for its content.
Power of Attorney for Tax
The tax code provides that the power of attorney in the tax from the individual entrepreneur, the sample, which is available in the tax office itself, in the absence of a seal from the entrepreneur, must be notarized. The presence of a seal greatly simplifies the matter — it is enough to correctly register the powers of an authorized representative, to put a signature that can be sealed, to write down other necessary details — and the document can be used to carry out the authorized actions.
Power of attorney to receive goods from IP
The sample document is unified, approved by the decision of the State Statistics Committee and has a recommendatory nature. A power of attorney of this kind is necessary if it follows from a contract with suppliers that the goods must be received at the location of the supplier or at the location of the goods. An individual entrepreneur can develop his own form of document, which is not prohibited by law.
Sample power of attorney to receive goods IP is presented below.
POWER OF ATTORNEY
July twenty-ninth two thousand and fifteen
City Simferopol Republic of Crimea
I, a citizen of the Russian Federation Petr Vasilievich Sidorov, born on April 13, 1986, registered as an individual identification number, TIN 211121314125, passport 2321 212521, issued September 14, 2006 by the Department of the Federal Migration Service of Russia for the Republic of Crimea, unit code is 123-111, residing at the city of Simferopol , Vorovskogo street, house 12, apartment 16,
I TRUST
Alexander Ivanovich Semenchenko, citizen of the Russian Federation, born on March 30, 1987, passport 1234 344534, issued on February 13, 2008, by the Department of the Federal Migration Service of Russia for the Republic of Crimea. department code - 233-244, residing at: city of Simferopol, Pushkina street, 33, apartment 21,
on my behalf, receive from the ODO "Home Computer" the following inventory materials:
monitor (monitor parameters, its brand and other information about the technique that allows it to be identified);
system unit (information about the system unit).
I grant the right to sign all documents, as well as to perform actions not expressly provided for by this power of attorney, but necessary to fulfill this order.
Signed Semenchenko A.I. certify.
The power of attorney was issued for a period of 14 days.
Signature: Sidorov Peter Vasilievich
(stamp of an individual entrepreneur).
Power of attorney to represent IP interests in judicial instances
Entrepreneurship is carried out at its own risk. No one is insured during business from disagreements, misunderstandings and sometimes even conflicts with contractors. If the dispute cannot be resolved peacefully, one has to call for help from state bodies, in particular, apply the judicial procedure for resolving the dispute. In judicial instances, it is advisable to entrust the conduct of cases to a specialist - a lawyer or a lawyer, having issued a power of attorney for the latter, using the appropriate model.
Power of attorney to represent IP interests can easily be found in the vastness of the World Wide Web or in special books. It should be noted that a single standard document form does not exist. The entrepreneur has the right to develop a sample and a letter of attorney from the IP to represent interests at its discretion. It is better to entrust the development of the document to a specialist, so that in the future it would not be recognized as invalid or not accepted by the court as confirmation of the authority of the agent.
What needs to be reflected in powers of attorney for representation in court?
A sample of a judicial power of attorney from an individual entrepreneur should contain the following details:
- Place of compilation, date of issue (without the last requisite the document will be invalid).
- Name of individual entrepreneur, data on registration as an entrepreneur.
- Name, passport data of the trustee, including the place of registration.
- A complete list of actions that an attorney can take.In this paragraph, it is desirable to reflect all the powers of the parties in the trial, which can be taken from the procedural codes.
- The term of the power of attorney.
- Signature of IP and its seal.
Power of attorney for a bank issued to an individual
This type of power of attorney costs a bit apart. A mandatory notarized form of power of attorney in relations with banking institutions is not provided. But banks themselves prescribe rules that can’t be ignored. In particular, many financial institutions are developing document forms that their clients should use. Not spared and the power of attorney from the IP to the physical. face. In this case, there are advantages. The entrepreneur can only enter the necessary information in the form provided.
General power of attorney
These types of powers of attorney are often common in the business sector. The general power of attorney gives the trustee the maximum amount of authority. In fact, the representative by proxy can take any action on behalf of the entrepreneur: conclude contracts, sign documents, manage a bank account, represent his interests to contractors and regulatory authorities. All business management is essentially in the hands of a trustee. The form of power of attorney from the IP is notarized.
Power of attorney for an individual entrepreneur
Powers of attorney are drawn up not only in favor of the authorized representatives and assistants of the entrepreneur, but also directly on them themselves for performing representative and other professional functions. For example, an individual has the right to issue a power of attorney for an individual entrepreneur in the event that the entrepreneur carries out his professional activities, provides services (which may be legal, accounting, consulting), and a citizen needs to receive such services. The form of power of attorney is provided for by notary law.
And finally, it should be noted that when issuing powers of attorney to your assistants, you need to remember not only about the correctness of the preparation and execution of the document, but also with great scrupulousness to treat the choice of a trustee. From the literacy and correctness of the actions of the latter, the fate of the business of the individual entrepreneur represented sometimes depends.
