Any citizen (individual) has the legal right to transfer his own powers to a trusted person chosen by him.
The latter can be either another citizen or a specific organization. After the power of attorney is issued, the person appearing in this document (representative) will have the corresponding rights of the principal and act on his behalf.
The power of attorney itself is drawn up precisely in the event that the principal does not have the opportunity to be personally present when performing certain legally significant actions, or is unable to independently resolve an issue that has a number of nuances.
Since a citizen does not have the opportunity to personally verify that the authorized representative will act exclusively in his interests, certain conditions should be provided with the help of which one could insure oneself in case of probable harm, since responsibility for the actions of the representative rests entirely with the principal, because It is to the latter that the corresponding powers are transferred.
From the above, it is necessary to draw a certain conclusion - the scope of the powers vested in the trustee should be clearly established and each of the permitted actions and the methods for their implementation should be listed in the power of attorney.
If this is difficult to do, it is necessary to indicate that any legally significant action in the interests of the principal must be carried out exclusively upon obtaining the latter’s permission.
This step is a safety net for the person who executed the power of attorney and will prevent possible illegal selfish actions of the representative in case of abuse of the trust placed in him.
Whatever actions a power of attorney is issued for, it must be in writing.
The legislation does not provide for an oral form of delegation. Only with the help of documentary evidence will the representative have the opportunity to actually confirm his authority.
The power of attorney must indicate all the passport data of the principal and the person authorized by him to perform actions, the scope of which is limited.
In legally established cases, a power of attorney must be certified through a notary. For the most part, such a requirement is observed when performing actions that are of particular importance: formalizing large transactions and drawing up appeals addressed to government agencies and the state.
The term of the power of attorney drawn up in the name of the authorized person, if possible, should be short.
This is done, again, to ensure conditions for respecting the interests of the principal and eliminating the risk of illegal actions of the representative, even though the power of attorney can be terminated by the principal at any time, with the official revocation of the document and the transfer of the corresponding notification to the representative.
Termination of a power of attorney certified through a notary must be carried out in the same form, and with entries in the registration journal of a particular notary office.
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Power of attorney from an individual: sample
A sample power of attorney is here.
POWER OF ATTORNEY
October twelfth two thousand sixteen
I, citizens of the Russian Federation Levandovsky Pavel Yurievich,
address: St. Petersburg, st. March 8th, 38 apt. 83, living at the address: St. Petersburg, st. March 8, 38 kv. 83, to conclude a contract for the sale and purchase of a land plot of 2 hectares on the street. Privokzalnaya, 48, cadastral number: 378:883345:8382:935 with third parties, for which I grant the right to establish and discuss the essential conditions of purchase and sale, enter into contracts, submit an application, receive documents, pay and receive payment, sign, pay all necessary fees, duties, formalize the results of a purchase and sale transaction, obtain the necessary certificates and documents, receive and transfer property in kind (option: represent interests in notary offices regarding certification of a purchase and sale transaction), as well as perform other actions necessary to represent interests .
Power of attorney to receive documents.
Read how to draw up a power of attorney to dispose of property here.
The power of attorney was issued for a period of 10 months with the right of substitution.
Sample signature_________________ Irina Dmitrievna Zaitseva
_________________ / Levandovsky Pavel Yurievich /
Filling Features
Here are a few examples of completed forms so you can understand how they are completed.
Now you know how a power of attorney is drawn up. If you have already received it, you can read our articles about where and how to get a USRN extract, what to do if you need an extended form of the document, and what types of USRN extracts there are in general.
Still have questions? Just call us:
The purpose of the power of attorney affects the location and structure of the text of the document. She may be:
general;- special;
- one-time
General powers of attorney are issued to represent interests or to conduct a sales transaction. They provide enhanced capabilities to the representative, and may not contain a header. The name of such a document will be: “Power of Attorney (general)” or “Power of Attorney to represent interests.”
For simple forms the names used are:
- power of attorney;
- power of attorney to submit (or receive) documents or other names corresponding to the procedure.
After this it is indicated:
- place of compilation – populated area;
- date of compilation – day, month and year in words.
In the introductory part of the main text, the principal is indicated, listing information about him from among:
- Full Name;
- date and year of birth;
- passport details;
- place of residence.
Before entering his data, write “I”. After entering them, the wording “I authorize with this power of attorney” is given and identical information about the attorney is included.
If this is a legal entity, then the introductory part begins with the name of the organization, after which it is written “in person” and the position of the manager and his personal data are indicated. After this, information about the representative is entered, consisting of similar data indicated in the genitive case.
What follows without punctuation marks is the main part stating the transfer of powers. Its structure depends directly on the accompanying nuances and specific powers.
Here they indicate approximately the following: “to be my representative in the MFC (settlement) for the purpose of submitting a package of documentation for the land plot I acquired as a result of a purchase and sale transaction (details of the agreement), located at the address (location address).”
The following includes all information about the acquired land plot:
- cadastral number;
- square;
- category and purpose.
“to register ownership in my name, with the right to submit an application and sign it on my behalf, as well as to perform other required actions as part of the registration of the transfer of ownership, carried out in my interests.”
Power of attorney from an individual: form
The power of attorney form is here.
POWER OF ATTORNEY
(place and date (day, month, year) in words)
I, citizens ___________________________________ (citizenship)
___________________________, (full full name of the principal)
“___”__________ ____ year of birth, passport: series ___________ N ___________, issued by _________________ “___” __________ ____, registered at the address: _______________________________________, residing at the address: ___________________________________, (option if the principal is individual entrepreneur: Certificate of state registration as an individual entrepreneur from “___”___________ ____ N ______________) with this power of attorney I authorize citizens _____________________________ (citizenship of the authorized representative)
____________________________, (full full name of the authorized representative) “___”__________ ____ year of birth, passport: series ____________ N __________, issued by _________________ “___” _________ ____, registered at the address: _______________________________________, residing ( yyu) at the address:______________________________, to conclude a purchase and sale agreement _____________________ (name and individualizing features of the property
taking into account Art. 455 of the Civil Code of the Russian Federation) with third parties, for which I grant the right to establish and discuss the essential conditions of purchase and sale, enter into contracts, submit an application, receive documents, pay and receive payment, sign, pay all necessary fees, duties, formalize the results of the purchase transaction -sales, receive the necessary certificates and documents, receive and transfer property in kind (option: represent interests in notary offices regarding certification of a purchase and sale transaction), as well as perform other actions necessary to represent interests.
This is interesting: Claim against a management company, sample application
The power of attorney was issued for a period of ______________________ month(s) (option: year(s), years) without the right (option: with the right) of subrogation.
Sample signature ______________ (full name of the authorized representative) (signature) I certify.
Structure
Since a power of attorney for registration actions in Rosreestr must be registered by a notary, mostly citizens and representatives of organizations draw them up directly in a notary’s office according to a standard model.
It can be obtained at the request of the principal, upon presentation of the passports of the principal and the attorney, and for legal entities - upon additional presentation of a copy of the constituent document. But such a form is not handed out, but is filled out by the notary’s assistant.
REFERENCE: A lawyer can draw up the required form, in accordance with the situation requiring the transfer of authority. It can also be drawn up independently - according to a found sample that corresponds to the circumstances of the case.
The structure of the form from an individual contains:
- A header indicating the name of Rosreestr where registration will be carried out, including if the documentation is submitted through the MFC.
- Name of the document, date and place of preparation.
- The body of the document, which consists of introductory, main and final parts.
- Certifying signature of the principal, notary record.
A power of attorney from a legal entity is drawn up on letterhead, which contains its details and legal address. The introductory part indicates that the manager acts on behalf of the principal, with his position and other information included.
An additional certifying record from the head of the company is also provided here, followed by a certification text drawn up by a notary. Otherwise, the structure of the document is identical to the option provided for an individual.
Sample power of attorney from an individual to Rosreestr
In this case, a notarial form is not needed if the document was issued by the head of a military sanatorium or medical institution for a serviceman undergoing treatment, the commander of a military unit, a military educational institution for a serviceman, or a member of his family. The same rule applies to a power of attorney issued on behalf of the head of the social protection authorities for a convicted or ward of a capable child. Notarization is not required if the power of attorney was issued by a local government or state authority using its own letterhead, sealed and signed by the manager. This provision is regulated by laws on registration and is also applicable to the issuance of documents. What is important to remember: If an application for registration of proprietary rights regarding an apartment, non-residential premises, land plot, or other real estate is submitted by registered mail, it is important that all attached documents, without exception, be certified by a notary ;
Power of attorney for registration of property rights
Now a notary form is required for:
- registration of transactions for which notarization is required; for state registration of rights and transactions.
Thus, it does not matter who acts on the principal’s side: a citizen or an organization.
A written authorization for state registration must be certified by a notary. Powers of attorney issued by:
- the head of a military medical institution or sanatorium - for persons undergoing treatment (military personnel, etc.); commanders of military units, military educational institutions (if there are no notary offices) - military personnel, their families, as well as other employees of these institutions; the head of a penal institution - a convicted person; the head of the social protection body - adult children (capable) in the institution.
Power of attorney form for registration of property rights.
Sample power of attorney from an individual to the Russian Register
A written authority for state registration must be certified by a notary. Powers of attorney issued by:
- the head of a military medical institution or sanatorium - to persons undergoing treatment (military personnel, etc.); commanders of military units, military educational institutions (if there are no notary offices) - military personnel, their families, as well as other employees of these institutions; the head of a penal institution - a convicted person; the head of the social protection body - adult children (capable) in the institution.
The signatures of these officials are equivalent to certification by a notary; When submitting by mail, the entire package of papers sent is notarized.
A power of attorney for registration of property rights, if an application is submitted by a representative, is also certified by a notary; Registration of powers of a representative within the framework of sub-assignment.
Power of attorney for the right to receive information from Rosreestr
Using this template, you can issue a power of attorney in a situation where the Rosreestr class certificate will contain the data of an individual who is not indicated in the extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs as a person who has the right to act without a power of attorney (i.e. the certificate will be for an authorized person, and not to the manager/IP).
* Please note that the power of attorney provides the right to sign Appendix No. 2 (Application for the issuance of a certificate) to the agreement only in the field “CUSTOMER” (“SUBSCRIBER”/“Licensee”). In the field “Subject of personal data”, the individual whose personal data will be entered into the certificate signs with his own hand.
** The date of issue of the power of attorney must be no later than the date of the agreement, application or act signed by the authorized person under this power of attorney.
Power of attorney to submit and receive documents: sample
Under these circumstances, the latter must be notified of such actions within a reasonable period of time.
It should be noted that if notice of the delegation of powers to a third party is not sent, the representative will be personally liable for the person to whom he transfers his powers. It should be noted that the power of attorney form, which contains a clause defining the right of subrogation, must be certified through a notary.
Sample Power of Attorney for registration of ownership of an apartment.
state registration, refusal of state registration, any other applications related to amendments to the Unified State Register, State Property Committee, correction of technical errors, additional admission, submission and receipt of certificates, documents, extracts, duplicates and copies of certificates and documents, including obtaining a cadastral plan, cadastral passport, submit the package of documents required for registration to the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow, the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, submit additional documents, receive documents to correct technical errors, obtain registered documents of title and a Certificate of State Registration of Rights, in case of suspension or refusal of state registration, obtain documents submitted for registration,
power of attorney to the registry office from an individual
Thinking logically, it is easy to conclude that there must be a connection between the person submitting registration papers to the Russian Register and the legal entity.
The power of attorney is attached to the package of documents with a copy.
The free sample offered on the page demonstrates approximately what the document should look like. The name of the company that gives the authority to represent interests: receive statements, carry out registration actions, sign papers, etc.; A simple written power of attorney from an individual based on a universal template in the format Word. A universal template of a power of attorney for representing interests from an individual to an individual is available for download.
A power of attorney to submit applications for state registration and (or) state cadastral registration, to receive documents to be issued after state cadastral registration and (or) state registration of rights is subject to notarization.
A power of attorney to represent the interests of a legal entity is a document that allows you to transfer to a representative of a legal entity the rights to perform certain actions on behalf of the legal entity (Clause 1 of Article 185 of the Civil Code of the Russian Federation). A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents (clause 4 of Article 185.1 of the Civil Code of the Russian Federation). A power of attorney to represent the interests of a legal entity in Rosreestr is drawn up according to the general rules for drawing up powers of attorney, taking into account the provisions of Art. Art. 182, 185, 186 of the Civil Code of the Russian Federation, clause 6 of the Methodological Recommendations for Certifying Powers of Attorney, approved by the Decision of the FNP Board of July 18, 2016, Protocol No. 07/16, sent for use in work by the FNP Letter of July 22, 2016 N 2668/03-16- 3. At the same time, a power of attorney to carry out transactions requiring a notarial form, to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers must be notarized, except for cases provided for by law (Clause 1 of Article 185.1 of the Civil Code of the Russian Federation ). State cadastral registration and (or) state registration of rights are carried out upon the application of a representative of the persons specified in Parts 1 - 3 of Art. 15 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law N 218-FZ), if he has a notarized power of attorney, unless otherwise provided by this federal law (Part 4 of Article 15 of the Law N 218-FZ). Also, a representative of a legal entity must have a notarized power of attorney when receiving documents to be issued after state cadastral registration and (or) state registration of rights (Part 14, Article 29 of Law No. 218-FZ). However, notarization is not required for powers of attorney (clauses 13, 15 of Article 62 of Law No. 218-FZ) (Letter of the Ministry of Economic Development of Russia dated May 22, 2018 No. OG-D23-5245): - to receive information contained in the Unified State Register of Receipts about the date of receipt by the registration authority of rights, an application for state cadastral registration and (or) state registration of rights and documents attached to it, on the contents of title documents, generalized information about the rights of an individual to existing or previously owned real estate, as well as information in the form of a copy of the document on on the basis of which the information was entered into the Unified State Register of Real Estate, information about the recognition of the copyright holder as incompetent or partially capable; - to receive copies of contracts and other documents that express the content of unilateral transactions made in simple written form and are contained in register files.
Notarized power of attorney in the Russian register from an individual sample
Now a notary form is required for:
- registration of transactions for which notarization is required; filing an application for state registration of rights and transactions.
Thus, it does not matter who acts on the principal’s side: a citizen or an organization. A written authority for state registration must be certified by a notary. Powers of attorney issued by:
- the head of a military medical institution or sanatorium - for persons undergoing treatment (military personnel, etc.); commanders of military units, military educational institutions (if there are no notary offices) - military personnel, their families, as well as other employees of these institutions; the head of a penal institution - a convicted person; the head of the social protection body - adult children (capable) in the institution.
Power of attorney to represent interests in Rosreestr
To transfer to another person the right to perform legal and other actions, a power of attorney is issued. It is also signed when transferring authority to register real estate transactions. There is no separate form for Rosreestr. The document is drawn up in writing, as in other cases. A sample is provided at the end of the article.
Power of attorney for registration of ownership of an apartment
Real estate agency managers. where the apartment was purchased they sent a template of the contract for registration of property. It seems somehow strange to me. There is no word about the agency itself, no contract numbers. Explain what pitfalls there are in the following power of attorney and how best to remake it, if necessary:
I, gr. _____________________________________________________ year of birth, passport _________________ issued ___________________________________, department code _________, registered at the address: ___________________________
Approximate drawing plan
To draw up a power of attorney and submit it to Rosreestr, you should use the general plan. There is no separate template for transferring authority to register transactions.
- Document's name.
- Place and date of compilation. Indicate the date in words.
- Principal details. If on behalf of an organization, write down the full name, INN, KPP, full name. leader. When drawn up to represent the interests of an individual, indicate the full name, series and number of the passport, place of registration.
- Attorney details. Full name is prescribed. individual, passport details, place of registration.
- List of transferred rights and obligations.
- Validity.
- Signatures of the parties with transcripts.
Recommendations for design
A power of attorney to represent interests is issued in the usual written form. If it is being prepared for registration of a transaction, notarization is required.
In the case of legal entities, the signature of the manager or another employee authorized to sign in such cases will be required. The completed sample is confirmed by a stamp.
In order for the representative’s documentation to be accepted by Rosreestr and the transaction to be registered, the power of attorney must satisfy two conditions:
- the contents must clearly list the powers of the intermediary;
- Notarization required.
A prerequisite for any such document is the presence of a signature date. Without this, it does not come into force. The maximum validity period of rights and obligations is three years. However, if this period has not been determined by the principal, it is considered equal to one year from the date of signing.
Required documents
The power of attorney was issued for a period of three years without the right of substitution. Legal assistance www.mashenkof.ru - quality services at a reasonable price. Updated today: Sample of a notarized power of attorney in the Rosreestr - added at the request of Faiver. Description: The project (sample) can be drawn up after preliminary consultation.
Samples: notarized consent of the spouse for sale and purchase. According to Rosreestr employees, last year was rich in innovations. It is possible that Rosreestr employees will be inclined to believe that it is mandatory.
Other types of receipts
In addition to a simple form, a power of attorney can be general or provide for the performance of one action. General is also called extended and includes a larger list of powers. It gives the intermediary the right to represent the principal in all government bodies and dispose of the property belonging to him.
All numbers in the content are written in words, which can be added in brackets as a transcript or signed as a comment. Abbreviations and corrections are not allowed. If necessary, the possibility of reassignment is indicated.
A power of attorney to Rosreestr is drawn up according to the same rules as to other authorities. However, it must be certified by a notary. It is drawn up in simple written form and must contain the date of signing. In order for the document to be accepted by Rosreestr, you need to enter a detailed list of the representative’s powers. Issued on behalf of legal entities or individuals. Below is a sample that you can download and fill out.
Power of attorney for registration of an apartment
A power of attorney for registration of an apartment is a form issued by one person to another in order to act as a representative before a third and filled out according to the form. In accordance with Russian legislation, a power of attorney can be drawn up either in simple written form or certified by a notary. There are templates for designing different types of powers of attorney. The power of attorney form for the performance of actions that require notarization must be notarized.