What is a power of attorney for a representative and what responsibility does it imply?

What is a power of attorney

A power of attorney is a written document that gives the trustee certain powers. For example, obtain a certificate, submit an application, register an inheritance, register property rights.

Involving third parties is very convenient if a person lives in another city or does not have free time. The representative may be a relative or a practicing lawyer. You can also specify several authorized persons in a power of attorney.

To enter into an inheritance, you must submit an application to the notary in charge of the inheritance case (Article 1153 of the Civil Code of the Russian Federation). A prerequisite is the collection of documentation. In some cases, it may be necessary to initiate legal proceedings.

Important! The principle of drawing up a power of attorney and the actions of the representative are identical, regardless of the presence/absence of a will.

To carry out actions to enter into an inheritance, the personal participation of the recipient is required. The law allows the authority to accept the property of the deceased on behalf of the heir to be delegated to a third party.

To accept an inheritance, it is advisable to indicate a period of 1 year (Article 186 of the Civil Code of the Russian Federation).

The document loses its significance after the necessary actions are completed. If necessary, the heir can revoke the power of attorney at any time.

How to issue a power of attorney to represent the interests of an individual or legal entity

Depending on who the principal is - an individual or a legal entity, the procedure and form of drawing up an agreement on the transfer of powers for the purpose of his representation will vary slightly.

When representing interests on behalf of an individual, the agreement can be drawn up in simple written form.

The power of attorney itself contains the following information:

• details of each person who has entered into an agreement to represent interests;
• information about the powers of the person acting in the interests of the principal;
• the period during which the executor must represent the interests of the citizen;
• date of the agreement;
• signature and decoding of the initials of each of the participants in the power of attorney.

If it is necessary to notarize a document, both parties to the agreement must be present when the power of attorney is certified by a notary.

1. When representing a legal entity, the agreement is drawn up in exactly the same way. The difference is the change in the identity of the participant, from physical to legal. In addition to the details of the parties, it is necessary to indicate the person who is the manager of this organization, since the power of attorney will be drawn up on his behalf.

A distinctive feature in registering a transaction is that organizations do not use the services of a notary. The power of attorney is made in two copies, each of which is certified by the company’s seal. One copy is given to the performer. The second is sent to the accounting archive.

Powers of a Trustee

A power of attorney allows you to perform the following legal actions:

• submit applications (claims);
• make inquiries to government agencies;
• pay necessary expenses;
• receive extracts, certificates;
• sign agreements;
• register property;
• sell property.

Important! A comprehensive list of powers is displayed in the power of attorney. If necessary, it is possible to provide for the transfer of rights to another person.

Example. The heir learned about the death of a relative. The man was unable to come to the funeral due to the large distance between the cities (more than 5 thousand km). To enter into an inheritance, the applicant made a power of attorney for his friend. The representative lived in the same city as the testator. Just in case, the heir gave the trustee the right of subrogation. By oral agreement between the heir and the representative, it was decided to reissue the power of attorney only to a practicing lawyer. Soon the trustee encountered difficulties. One of the documents revealed a data discrepancy. The legal fact had to be established in court. The representative referred the matter to a local lawyer. As a result of the trial, the representative was able to complete the inheritance registration procedure.

Thus, the representative is vested with rights and responsibilities solely in accordance with the list of powers specified in the power of attorney.

Is it possible to enter into an inheritance by proxy?

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The law provides for the possibility of inheriting through a representative. However, if the application is submitted by a proxy, then the heir’s signature on the document must be notarized.

Consequently, the heir will have to contact another notary and make two documents - an application to accept the inheritance and a power of attorney.

As for legal representatives, they do not need a power of attorney. The legal representatives of minors are their parents. The exception is for persons deprived or limited in their rights in relation to children.

To confirm their rights, the mother or father presents to the notary a civil passport and birth certificate of the minor.

In the absence of parents, their powers are entrusted to third parties. They must prove their rights with documents.

The adoptive parent should not provide a court decision on adoption or an adoption certificate, since the rule on the secrecy of adoption applies to this form of placement. An exception is the situation when a minor inherits the property of a deceased parent (if the court has preserved the property rights of the child in relation to the blood parents in accordance with Article 137 of the RF IC).

Example . After the death of Kirill's father, his mother Marina entered into a new marriage. Her husband adopted the boy. A few years after the wedding, the minor's mother died. The responsibility to represent the interests of the child and protect his rights rests with the adoptive parent.

Important! Each citizen representing the interests of a minor must present a personal passport.

What rights and responsibilities does it grant?

A simple power of attorney limits the range of powers; it specifically indicates what actions the attorney must perform or what instructions to carry out. The issuance of such a power of attorney, even notarized, does not create obligations for the principal.

A general power of attorney conveys the right to all actions on behalf and in the interests of the principal, including allowing the proxy to:

• entrust it to third parties;
• make transactions requiring notarization;
• manage finances and material assets.

Such a wide range of powers obliges the principal:

1. draw up a power of attorney notarized;
2. provide the necessary funds for this and reimburse the costs incurred.

Regardless of the form of the power of attorney, the representative receives the right, and not the obligation, to act; he can refuse to execute at any time, without any legal consequences, since the power of attorney is issued unilaterally. In order for the attorney to be responsible for the execution of the assignment, and for the principal to control it and demand a report on the work done, it is necessary to sign a bilateral agreement.

How to compose correctly

The right to issue a power of attorney is granted to adults and capable citizens. A minor, aged 14 to 18 years, may entrust the protection of his interests to a third party, with the consent of his legal representative.

The power of attorney must be in writing and certified by a notary. The document can be drawn up at any notary office.

Important! The contents of the power of attorney are usually monitored by a notary. He checks the text of the document for compliance with the law. However, it is the heir who determines the scope of powers for the representative.

Therefore, it is advisable to make the power of attorney as complete as possible, so that later the heir does not have to run through the authorities on his own, in the event that the power of attorney does not give the representative the right to receive letters, file a claim or appeal against illegal actions of officials.

Rules

The rules are the same for both legal entities and individuals:

• the agreement is drawn up only in written or printed form;
• all details of the parties to the transaction must be indicated in the document;
• all delegated powers must be described in detail;
• it is necessary to indicate the time frame during which the executor must exercise the powers entrusted to him;
• it is necessary to include in advance a condition on the transfer of powers of a person;
• It is prohibited to make corrections in the signed document;
• at the end the date of the transaction is indicated;
• the document is certified either by the signatures of the parties to the transaction or by the seal of the organization, if one of the participants is a legal entity;
• the transaction is subject to notarization in cases established by law.

It should be understood that not all powers can be delegated to another person. So, if a citizen has an obligation in the form of alimony payments, then he does not have the right to transfer it, on the basis of a power of attorney, to another person.

Sample power of attorney for inheritance

There are several types of powers of attorney. They differ in the scope of the representative's powers.

Mandatory details of the power of attorney:

• document's name;
• city, date of document execution;
• details of the heir/trustee (full name, registration address, passport details);
• list of powers;
• list of property that is subject to inheritance;
• validity period of the document;
• signature of the principal;
• date of document execution;
• notarial inscription;
• name of the notarial district;
• form number.

Below is a sample power of attorney

Procedure for entering into inheritance by power of attorney

If the recipient enters into an inheritance by law, then the heir’s representative needs to contact the notary at the place of residence of the deceased subject (Article 1153 of the Civil Code of the Russian Federation). When inheriting by will, you must contact the notary who keeps the document.

You will also need a basic package of documents and an original power of attorney. 6 months to submit papers . The terms begin to be calculated from the date of death of the testator.

The inheritance procedure can be divided into several stages:

1. Preparation of documents.
2. Submitting an application to a notary.
3. Carrying out property valuation.
4. Paying the state fee and obtaining a certificate.
5. Registration of property rights.

If the applicant misses the deadline for entering into inheritance (Article 1155 of the Civil Code of the Russian Federation) or a dispute arises between the heirs, then such issues will be considered by the court. Any interested person can file a claim. The general limitation period is 3 years .

If the heir missed the deadline for filing papers, then the application must be submitted within 6 months . The countdown begins from the moment the reason for absence ends. For example, after returning home from a foreign business trip.

Inheritance procedure

If there is a power of attorney, the interests of the heir are represented by a trusted person. His responsibilities include collecting the necessary documents for the notary. Naturally, the heir must assist the representative in every possible way.

After all, most of the papers are usually kept by the relatives of the testator. If the heir’s relatives doubt the citizen’s powers, they can check the power of attorney on the website of the Federal Notary Chamber.

The representative must contact a notary office. The notary will check the submitted documents and verify the authority of the representative.

After explaining the rights/responsibilities, the notary will invite the representative to submit an application for acceptance of the inheritance. An inheritance case is opened solely at the request of the heir or his representative.

The next stage is an expert assessment of the identified property. A report from specialists is required to calculate the state duty.

Important! Without an assessment and payment of the fee, the notary will not issue a certificate of inheritance.

It is not required in exceptional cases. For example, if a cash deposit in a bank is subject to inheritance.

After six months, the representative needs to visit the notary again. At this stage, the number of applicants is determined, the shares of heirs are calculated, the amount of tax is calculated, and a certificate is issued.

After receiving the main document, all that remains is to register ownership. The choice of government agency depends on the type of property that the principal inherited.

Important! If the heir authorized the representative only to obtain a certificate, then he will have to register the rights independently.

Statement

The basic document when registering an inheritance is an application. The law does not provide for a special form of the document. Each notary has his own sample.

Application details:

1. Name of the notary office.
2. Recipient information.
3. Representative information.
4. Details of the power of attorney.
5. An indication of the degree of relationship between the heir and the deceased citizen.
6. Display the method of inheritance (law/will).
7. The heir's request.
8. Date of submission of documents.
9. Applicant's signature.

Sample application for acceptance of inheritance

Documentation

Some documents must be attached to the application.

These include:

1. Applicant's identity card.
2. Power of attorney for registration of inheritance.
3. Death certificate of an individual.
4. Certificate of the last place of registration of the deceased owner.
5. Original order (if available).
6. Evidence of the relationship between the heir and the testator (in case of inheritance by law).
7. Documents for identified inheritance.
8. Report on the value of the inheritance or an extract from Rosreestr.
9. Receipt of payment of the duty.

The identity of the representative is established by the notary when submitting the application. Therefore, the authorized person needs to have a passport of a citizen of the Russian Federation with him.

Expenses

The costs of registering an inheritance are borne by the applicant for the property (Article 333.24 of the Tax Code of the Russian Federation). However, a representative can pay for the appraiser’s services or state fees. The main expense item is state duty.

It is calculated as follows:

1. 0.3% for close relatives of the owner . They pay significantly less than other heirs. The legislator not only reduced the base rate, but also limited the maximum tax amount. It should not exceed 100,000 rubles. This amount of payment applies to children, parents, spouses, brothers and sisters of the deceased citizen.
2. 0.6% for other recipients . This group of heirs includes all other applicants (individuals and legal entities). The maximum amount of duty is set at RUB 1,000,000.

Separately, the heirs pay for the services of the appraiser. The cost of services of a specialized specialist depends on the type of property.

The apartment's valuation is about 3 thousand rubles. Whereas a certificate from the BTI will cost the applicant from 300 to 600 rubles. A similar document from Rosreestr on the cadastral value of real estate is issued for 350 rubles.

To evaluate a vehicle you will need from 2 to 5 thousand rubles. Several factors are taken into account here - whether the car is a car or a truck, whether the car is used for commercial purposes, and the condition of the vehicle.

Notary services are paid separately from the state fee. To specify the costs of a notary when entering into an inheritance, you must use the service of the Federal Notary Chamber. The amount of payment directly depends on the region of circulation.

The final stage is the registration of property rights to an apartment (Federal Law No. 218 of 2020) or a car. Here the heir will also have to spend money. Registration of a property costs individuals 2,000 rubles.

If the heir is entitled to a share in the common property of an apartment building, then the state duty is 200 rubles.

Deadlines

Heirs of the first stage are given 6 months to assume rights. A similar rule applies to applicants for property in the order of presentation.

If the trustee acts on behalf of the second-order heir, then the papers are submitted 6 months after the death of the testator. Missing deadlines can lead to loss of inheritance or protracted legal proceedings.

Important! Shifting deadlines is permitted in special cases. For example, if the heir accepted the property after the fact. Therefore, the application can be submitted after the deadline. The only condition is the presence of indisputable evidence of acceptance of the inheritance.

Power of attorney form for receiving digital signature

The form must be submitted in writing; the participation of the director of the organization in the filling out process is necessary.
The manager is required to approve and sign the act of transferring an electronic digital signature, and one of the company’s employees can draw up the document and enter all the data into it. Typically, the legal department is responsible for drafting such documents. A power of attorney for an electronic signature loses legal force if:

• when compiling, any false data is used (full name, passport data, name or address of the organization, etc.);
• there is no information required for a document of this type under current legislation;
• There is no notarization.

The difficulty of drawing up a power of attorney and its use is that at the moment in the Russian Federation the process is not protected by clear rules. The act of transferring an electronic digital signature is only an internal agreement between the parties and does not extend beyond the boundaries of the organization. External structures, such as a certification authority, counterparties, law enforcement agencies, etc. do not receive notification that an employee has been granted the right to sign electronically, and for them the document remains signed by the owner of the digital signature.

Sample Power of Attorney for the right to sign documents

If another person acts on behalf of the procurement participant, the application for participation must contain a power of attorney to act on behalf of the participant. The document is certified with the seal of a legal entity (if any), and the document must also bear the signature of the manager. A copy of such a power of attorney, if needed, is notarized. If the power of attorney is signed by a person authorized by the manager, an order for the right to sign is attached to it.

The document can be issued to both an individual and a legal entity. Transactions made by the head of the legal branch. persons are considered committed on behalf of a legal entity. faces. Customers do not need to reject an application due to the fact that it was submitted by a branch if it contains all the necessary information about the legal entity and a power of attorney to participate in the procurement (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 of June 23, 2015).

The Supplier includes a power of attorney as part of its application in the following procedures:

• Open competitions;
• Request for quotations;
• Electronic auctions. The representative can participate at all stages of the procedure until the conclusion of the contract;
• Closed auctions. The application includes a power of attorney to carry out actions on behalf of the participant (Part 2 of Article 88 44-FZ);
• When filing a complaint with the FAS. If the complaint is signed by a representative of the procurement participant, the set of documents for transmission to the FAS includes a power of attorney or other document that confirms his authority (Part 10 of Article 105 of 44-FZ). By analogy, complaints are considered on their merits. A third party may be present at a meeting of the antimonopoly commission if they have a power of attorney.

EDS – electronic digital signature. This attribute is used mainly by businessmen for convenience and saving time. To save even more time, business people entrust receiving it to a trusted person. To obtain an electronic signature by proxy, it is not enough to provide information for its registration and creation.

To obtain an electronic digital signature, the following must be presented to the relevant department:

• copies of passport pages of the owner of the signature;
• SNILS number (obtained at the Pension Fund office);
• email address for communication.

With these documents you need to contact the center responsible for authenticating, monitoring and ensuring the correct operation of the electronic signature. Please check with the Pension Fund office in whose jurisdiction you are located for the address and opening hours of the certification center.

Choose from several options for your signature the one you use most often. The cost of a simple signature will be cheaper than the more complex and sophisticated signature, the higher the price, since the registration will take longer.

EDS is used in many situations:

• to participate in tenders for the supply of goods and services;
• for approval of documents in electronic form, etc.

When contacting a certification authority, prepare a medium for recording signatures, keys and certificates. The validity period of an electronic signature is limited and is usually one year. The owner of the signature can entrust the execution of the digital signature to his representative, providing him with a notarized power of attorney. Without notarization, the power of attorney will not be valid.

As already mentioned, the issuance of a power of attorney must be certified by a notary. Fill out the document correctly, indicating accurately and in detail:

• the full name of the company or the name of the individual whose representative is applying to the CA;
• surname, name and patronymic of the authorized person, his position;
• information about the person whose interests are represented;
• passport data (series, number, date and place of issue).

A representative with a package of documents must appear from the CA at the exact time specified. The text of the power of attorney also indicates information about the receipt of cryptographic information protection (a means of cryptographic information protection). Based on the power of attorney, the authorized person has the right to sign copies of materials translated into electronic document format. The right to endorse remains until the expiration of the power of attorney. The power of attorney contains the signatures of the owner of the digital signature and his representative.

EDS greatly simplifies the workflow, as it allows you to certify documents as quickly as possible. Sending documents by email using digital signature takes only a few minutes. After the expiration of the electronic signature, the period can be extended at the certification center. Keys and certificates also have a limited validity period, usually 12 months. After this time, the signature loses its legal force.