Cancellation of power of attorney: step by step instructions. Power of Attorney

The power of attorney represents one-way deal according to which the principal represents certain powers to its representative. The document can be executed in simple writing or notarized. Cancellation of a power of attorney - an action that nullifies the rights of a representative.

Legislation

The definition of the content of the power of attorney and its characteristics is reflected in Article 185 of the Civil Code (CC) of the Russian Federation. Major changes were made to some articles of the Civil Code in April 2013 by the Federal Law (No. 100-FZ). The current version reflects all the properties and factors of using the document in civil circulation. The code contains rules defining:

• general provisions (Article 185);
• document certification (Article 185.1);
• validity period (article 186);
• rules of re-authorization (Article 187);
• termination (implied cancellation of a power of attorney, article 188);
• irrevocable form;
• consequences of cancellation.

Other laws and regulations governing the rules for registration, issuance, use and other actions may not contradict the Civil Code of Russia.

Kinds

By law, powers of attorney are divided into simple written and those that are issued for commission notarial acts. At the same time, the latter shall be certified by notaries or officials of municipalities, consular posts in the prescribed manner. In practice, the following types of powers of attorney:

1. General - contains extensive powers. Simple execution requires the signature of the head, chief accountant and the press of the enterprise, unless otherwise provided by the constituent documents.
2. Social - issued for the unlimited fulfillment of identical actions.
3. One-time - is issued for a specific action.

Powers of attorney are subject to mandatory registration and accounting at enterprises of all forms of ownership, and in notarial execution the procedure is established by the relevant regulatory acts.

In relations between citizens, a power of attorney not certified by a notary does not have practical force and is not used in everyday life.

Order of registration

The power of attorney is issued at the request of the principal. For notarial acts, there are rules that provide for the issuance of a document in the presence of a passport of a Russian citizen, details of the control object (for example, a car, a house, etc.), payment of state fees and services. To issue a simple power of attorney, the passport data of the person who is vested with authority is required. The document is handed out, and in the notarial case a copy is made on which the signature of the principal is placed. The power of attorney, a sample of which is provided for careful proofreading, is subsequently printed on special forms.

The following shall be equated with notarized:

• documents issued by military personnel and persons attending medical treatment, certified by the chief or doctor on duty, and in places of deployment - by unit commanders;
• powers of attorney for prisoners whose signature is certified by the relevant head, and competent citizens in rehabilitation centers to the manager of the organization.

To receive material assets related to remuneration, with the exception of correspondence, the document is certified free of charge and issued by the employer, educational or medical institution.

Basic details

Enterprises and organizations issue power of attorney in accordance with generally accepted rules on strict reporting forms using the representative method or in plain text. The documents shall indicate the number and series, date and place of issue, full details of the principal (including a person having authority on behalf of the enterprise for such actions), details of the authorized person and the subject of the transaction. In addition, the period of validity of the power of attorney is indicated, and, if necessary, the place of exercise of authority.

A notarized document is drawn up with a set of the same details, but the text indicates which official carried out the extradition. The power of attorney is printed on a secure form, registered in special books and contains a seal and a stamp of the established form.

Power of Attorney

The law does not determine the exact period of time for which the document is considered valid, but article 186 of the Civil Code introduced restrictions that apply to securities issued without an expiration date or intended for use abroad. In the first case, the term of the power of attorney is considered equal to one year from the date of issue, and in the second case, eligibility is established until the cancellation by the principal. The early termination of the document issued by the organization is executed by order of the company. The cancellation of the power of attorney issued by notarial authorities takes place in the manner prescribed by law. Since 2013, the state has significantly simplified the recall procedure.

Cancellation of power of attorney. Sample. Instruction manual

The process of canceling issued documents must be carried out in a certain order and taking into account the requirements of current legislation. In accordance with article 189 of the Civil Code of the Russian Federation, the person who issued the power of attorney and subsequently canceled it is obliged to notify all interested parties about this event. The same procedure must be performed by successors. Notification can be made by publishing in the media that post bankruptcy announcements. The cancellation of the power of attorney takes effect 1 month after the release of the print medium.

The document is valid if the person to whom it was presented did not know and could not have information about the cancellation. The law on the cancellation of power of attorney (paragraph 3 of article 189 of the Civil Code) obliges to immediately return the issued paper.

In cases where it is not possible to notify interested enterprises and citizens, it is recommended to notify the state registrar (for example, if a document has been issued for transactions subject to federal registration).

The notarized power of attorney ceases to be valid at the time of its cancellation by the executive person acting upon the application of the principal. A cancellation mark is placed in the registry, and a corresponding entry is made in the book of records. The guarantor has the right to cancel the power of attorney at any time. A sample application can be obtained at the notary's office.

Organizations of all forms of ownership have the right to cancel the effect of authorization papers at any time. An order is issued by which the official cancellation of the power of attorney is made. The sample order does not have a strict form, but must contain the number, date and registration number.

The reasons

In accordance with the law, the power of attorney may be terminated in the event of:

• the end of the established period;
• performing all operations for which the document was issued;
• trustee feedback;
• refusal of the authorized person to fulfill the order;
• liquidation, termination of authority of a legal entity;
• the surety (his authorized) is recognized as missing, incompetent, including partially, as well as cause of death.

Expiration time

If the term of the power of attorney is not specified, then in accordance with the Civil Code, its end occurs one year after the date of issue. An exception is documents intended for the execution of orders outside the Russian Federation. An overdue, including notarized, power of attorney is considered automatically invalid and cannot be accepted by third persons for actions.

Stakeholder Alert

The current regulatory framework requires mandatory notification of all persons participating in the process for which the power of attorney is issued. You can notify citizens and organizations through publication in the media, by registered mail with a description of the attachment, independently under the signature of the recipient and in other ways. If third parties were not notified by any of the available means, then the power of attorney cannot be considered completed.

Effects

Revocation of authority obliges to immediately return the document. Persons notified in accordance with the established procedure and using the power of attorney after its cancellation are subject to administrative and criminal prosecution. Depending on the type of offense, charges of fraud, forgery, abuse of authority and others may be brought.

Irrevocable power of attorney

If the principal and other interested parties wish to perform actions under any circumstances, then in practice they use the paperwork without the right of revocation. A power of attorney of this type delegates authority before the expiration of the event. The document is used in entrepreneurial activity and can only be canceled in those cases indicated in the power of attorney itself.

Irrevocable powers may be terminated if the precedents of abuse in the process of fulfilling obligations are proved or when circumstances clearly indicate the possibility of using the power of attorney to the detriment of the principal. The document is certified by a notary, who makes a note about the impossibility of its cancellation.

The power of attorney, which cannot be revoked, shall be issued to a person without the right of substitution, unless otherwise provided by the conditions included in it. If this is possible, then in accordance with applicable law, an authorized representative must notify the principal within a reasonable time. Failure to comply with the conditions leaves the responsibility for the actions of the person to whom the powers are delegated, on the person who transferred them, as for their own. Cancellation of a document providing for reassignment will automatically void all derivative papers.

Example

Here is an example of a situation in which a similar cancellation is necessary. A power of attorney for the car was issued to the person until the full payment for the vehicle. If the document provided the right solely to control the machine, the transaction will be completed at the time of full repayment of the cost. The power of attorney will terminate during the renewal of the vehicle. If the payment deadline is earlier than the completion of the powers granted and the buyer has not paid, the principal cancels the document.

If it is impossible to notify the authorized person, it is recommended to notify the traffic police. If the power of attorney is not issued for a specific action (driving), but provides for the right to sell, trust, etc., cancellation without notification of registration services may lead to loss of ownership of the vehicle.

In world practice, driving a car that does not belong to the driver is carried out without an authorization document. The grounds for use are the rights, insurance policy and technical passport for the vehicle.

As an example of an irrevocable power of attorney, we can consider the case of investing in a project from a allocated budget, which is managed by an authorized person. For example, the principal - a business entity, has changed circumstances, and he wants to reduce investments.This affects the interests of third parties who insisted on generating an irrevocable power of attorney in advance, and therefore are currently in a safe position.