In this article we will talk about why a notarized power of attorney is not required when voting at a general meeting of SNT members according to Law 217-FZ. The question arises very often, so we decided to prepare an article on this topic with a detailed legal basis and offer the author’s sample of a power of attorney for voting in SNT. Before answering this question, let’s understand what a power of attorney is, in what form it is drawn up, for how long it is concluded and in what cases it must be certified by a notary.
What is a power of attorney
A power of attorney, in accordance with Article 185 of the Civil Code of the Russian Federation, means a written document on the basis of which one person authorizes another or several individuals at once to represent his interests and carry out legally significant transactions with third parties.
According to civil law, this is a one-sided type of transaction. There is no need to obtain the consent of an attorney to carry it out. The representative may act during the period specified therein only in the interests of the principal.
A power of attorney, depending on the powers specified in it, can be one-time, special or general.
Registering a car by proxy
To register by proxy, the following documents will be required:
- Statement.
- Passport of the authorized person, i.e. the person to whom the power of attorney has been issued.
- Passport of the car owner (from January 1, 2020).
- A document certifying ownership of the vehicle (car purchase and sale agreement, gift agreement, certificate of inheritance, etc.).
- Power of attorney for registration.
- Registration documents (old registration certificate), vehicle passport (PTS), registration plates (existing vehicle license plates).
Note. MTPL insurance must be purchased for the car, and state duties must also be paid. In this case, the original receipts and insurance policy are provided to the traffic police at the request of the driver.
Otherwise obtaining license plates by proxy is no different from regular vehicle registration.
This is important to know: Collection of alimony for minor children in 2020
In what cases is a power of attorney certified by a notary?
In accordance with Article 163 of the Civil Code of the Russian Federation, all transactions between individuals are certified by a notary in cases where this is directly stated in the law.
In accordance with clause 1 of Article 185.1 of the Civil Code of the Russian Federation, a power of attorney must be certified by a notary in cases where transactions are made:
- when submitting applications for state registration of rights or transactions;
- by order of those registered in the state. rights registries.
This could be, for example:
- marriage contract;
- real estate alienation agreement;
- property donation agreement;
- will of property;
- pledge or mortgage loan agreement;
- agreement on payment of alimony.
Exceptions to these rules are cases provided for by other laws.
By agreement of the parties, any transaction, even if not provided for by law, can be registered with a notary.
When applying to a notary for a power of attorney, you must pay the state fee prescribed by law.
In cases provided for by the norms of paragraph 2 of Article 185.1 of the Civil Code of the Russian Federation, instead of a notary, the power of attorney has the right to be certified by other persons (commander of a military unit, heads of medical institutions or heads of places of deprivation of liberty).
Form
When the question arises of how to properly draw up a trust document, many people wonder in what form it should be drawn up? It is worth noting that there is no unified form here. But this does not mean that there is no need to adhere to any rules when drawing up a document. Although they are not strict, they still exist. Typically, the drafting and termination of contracts is carried out by organizations that use letterhead for these purposes. Naturally, they must be developed in advance and approved by the company's accounting policies.
Types of power of attorney
As you know, there are three types of powers of attorney. Their main differences lie in the powers vested in the representative. So, powers of attorney are:
- One-time . It is used extremely rarely, for example, when only one-time assistance is needed from an attorney;
- Special . It can be used in situations where a trusted person carries out similar tasks, which include actions for drawing up and terminating contracts. As practice shows, a special power of attorney is most often issued for these actions.
- General . Such a document gives its owner a whole list of powers. We can say that this power of attorney is issued extremely rarely and in special cases. This is explained by the fact that the representative can even independently determine the need to terminate the contract. Typically, managers very rarely grant such powers to their employees.
In most cases, a document is issued to terminate a specific contract. Moreover, it does not matter what kind of agreement we are talking about. This includes lease, loan, purchase and sale, supply, etc. agreements. The power of attorney itself must state in relation to which agreement it will be valid. Not only an organization, but also an individual can grant someone the authority to terminate contracts.
( Video : “Everything about drawing up a power of attorney”)
How to fill it out correctly
In order for the power of attorney for real estate registration to be correctly drawn up, you must adhere to the basic rules for writing the document:
- The official document must be executed in writing only in the presence of the property owner and a notary.
- The document must contain all information about the principal, authorized person, information about the real estate that is subject to registration.
- The act must clearly state the operations that will be performed by the authorized person (obtaining certificates from government agencies, submitting requests, certifying documents, etc.).
- Information about the place and time of conclusion of the contract, as well as information about the notary (district, registration number). Without this information, the document has no legal force.
- Description of the right to delegate authority to a third party, if necessary.
Agreement: a power of attorney for real estate registration can be issued for three years. If the validity period is not specified in the document, it is considered valid for 12 months.
The power of attorney scheme for real estate registration has a clearly established template. The first part of the document contains information about the owner of the property and the authorized person, and the second part contains the rights and obligations of the attorney. To fill out the official paper you will need to indicate:
- date and city in which the document was drawn up and signed;
- information about the owner of the property (principal);
- information about the authorized person;
- a list of structures in which a trusted person has the right to represent the interests of the homeowner;
- the address where the property is located;
- list of duties of the attorney;
- information about the transfer or prohibition of this action;
- signatures of the parties to the transaction.
Please note: when compiling a list of powers of an attorney, you should carefully write down each action. This way you can protect yourself from unlawful actions of the official executor.
Duration and invalidation
What period of validity will be provided for the power of attorney is decided only by the principal himself. If the period is not specified, then it will be valid until one year from the date of preparation (clause 1 of Article 186 of the Civil Code).
Also, a power of attorney is considered invalid (void) if age and other criteria are not met:
- the principal has not reached fourteen years of age; the principal signed it in the absence of a legal representative (if he is under 14-18 years old); the person is incompetent (court decision); validity period has ended (invalid); the registration was made under pressure, or the person was in a state of passion, etc.
Selling a property by proxy without the owner, you can run into big troubles. Both the principal and the future owner face these risks. This most often happens when the principal gives authority to complete a transaction to a non-reputable real estate agency.
This happens when a general power of attorney is issued, where the authorized person is given the right to do everything: collect documents, alienate, receive a sum of money, etc. Therefore, before you formalize it, you need to seriously consider choosing a candidate for the role of attorney. It is better to grant such powers to close relatives or trusted friends.
An acceptable option when choosing the type of power of attorney would be a one-time power of attorney. Where the clause on the validity period will be indicated - the period expires immediately after submitting the documents to the registration authority. After this, the attorney will not be able to manipulate the property.
Also, the transaction is entrusted to a notary, but for a fee, respectively.
Need some advice? directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem:
Power of attorney for alienation of real estate
Bookmarked: 0
The form of power of attorney for the alienation of real estate is drawn up on behalf of the principal for the subsequent transfer of his rights and powers regarding the use of property to a third party, who is called a representative. The document is prepared independently or in a notary office and requires mandatory notarization. You can familiarize yourself with the main provisions of the document, the rules for its preparation and completion, and also download the power of attorney for the alienation of real estate while reading this article.
Let's sum it up
A general power of attorney for the sale of an apartment requires contacting an employee of a notary agency. The specialist will verify the legal capacity and adequacy of the applicant, after which he will certify the document and enter it into a special register. In the future, in this register you can check whether a specific power of attorney is valid on the date of the transaction.
Competent legal advice will help prevent unpleasant legal consequences associated with the dishonest use of a power of attorney. The specialist will provide detailed advice on the correct preparation of the document and its further use.
General information
A power of attorney is a document whose holder can legally perform legal actions on behalf of the person who executed it.
The principal is given the rights to enter into transactions, represent and protect the interests of the principal, and sign various contracts and agreements. A specific list of powers is established in the text of the power of attorney. Typically, the document is drawn up if the property owner is unable to participate in the transaction on his own. Representatives of the owner can be his relatives and other good friends, as well as realtors - however, in the latter case, you should be careful not to come across scammers.
The power of attorney form for real estate registration is drawn up in writing. The paper is drawn up in cases where the owner is in another city or country and cannot be present at the conclusion of the transaction, as well as when he is unable to register on his own. In this case, the homeowner entrusts the operation to a more experienced friend or relative.
The authorized person must be legally competent, mentally healthy, and not have an alcohol or drug addiction. Often, a power of attorney form for real estate registration is drawn up between the apartment owner and a professional realtor or notary.
When the homeowner is being treated in a hospital, serving a prison sentence, serving in the army or on a long voyage, there is no need to have a power of attorney for real estate registration certified by a notary. In this case, the signature and seal of the head of the relevant structure (prison service, hospital, unit commander) will suffice.
Please note: if a sample power of attorney for real estate registration will be sent by mail along with other documents, a lawyer must certify all official papers.
