Features of making such a Power of Attorney
In each individual’s life, it may happen that for some reason he/she cannot come to some institution and pick up his/her documents. If so, the citizen has the right to give a Power of Attorney for his friend, relative or acquaintance, so that he can receive the document instead of him/her.
There is no exact and obligatory template for drawing up and issuing a Power of Attorney. The Power of Attorney for documentation does not have to be certified by a notary, it is enough to draw it up correctly and enter all the necessary information, as follows:
- Full name and passport details of the citizen who draws up the document;
- Full name and passport details of the citizen on whose behalf the document is being drawn up;
- The date and place of drawing up the document (indicating the date of drawing up is one of the main conditions for validity);
- For companies – indicating banking details and full name;
- Listing of all the actions that an authorized person must perform – representing interests, receiving documents (to indicate which ones), signatory right, and so on;
- Name of organization, person or institution where the documents should be taken from;
- Both parties’ signatures.
What else there is to know: nuances in drawing up a power of attorney
The Power of Attorney is drawn up in writing, and the grantor must sign the document.
Certification by a notary: is it necessary or not?
Legislation does not require mandatory turning to a notary for drawing up documentation. However, in some cases, the certification of a Power of Attorney for documentation is justified: if you are not confident, that the document is filled out correctly or the grantor is in some other area (city or even country), it is best to use the help of the proper professional. Due to errors in drafting, the document may be invalidated.
The Power of Attorney is also certified by a notary if a company entrusts the agent with the processing of any transactions or signing contracts on behalf of the company.
Power of attorney for several people
If a Power of Attorney to receive documentation is drawn up for several people at once, you can indicate the details of all representatives in one document or draw up several documents for each person.
The power of attorney may also include a right to grant sub-authorization – an agent can entrust the instruction performance to a third party specified in the document, while notifying the grantor. If the grantor, for some reason, did not receive a message about the change of his/her representative, then the agent is liable for the actions of the new performer as for his own.
From a legal entity
The head of the company or organization should certify a Power of Attorney from a legal entity – such a document must be signed by the head and have the official seal of the organization. A person, authorized by the organization, can also fill out the document.
The maximum validity period for a Power of Attorney is three years. The power of attorney validity, not exceeding a three-year period, can be indicated as a separate clause at the end. Without specifying the exact period, a document is deemed valid for one year.
Submission of documents
When submitting the Power of Attorney, the representative must provide a document proving his/her identity (passport, driver's license, etc.). TIN information may be required, so it is better to have this document with you too.
The Power of Attorney can be either in a possession of the representative or in the institution where the document will be used. An authorized person of this institution has the right to verify the identity of the representative and make a corresponding note in the Power of Attorney.