A document giving the right to represent interests is made for a person to entrust him/her with the right to perform any actions instead of the citizen who has given this Power of Attorney. Both individuals and legal entities use this document.
A Power of Attorney to represent the interests of an individual provides for unilateral preparation. An individual entrusts the right to represent his/her interests to another person, that is, empowers this person to make a decision instead of him/herself.
There are two forms of Power of Attorney: without certification and with certification by an authorized person (a notary). Most legal actions require notarization, and documents drawn up by individuals are equated with the papers that have been certified by a notary. The Power of Attorney becomes invalid after three years. In the text of the Power of Attorney, the date of its compilation is mandatory, otherwise it will be invalid.
The document that gives the right to represent the interests of an individual is quite simple and does not require mandatory notarization. Such a document can be used at the place of work or training of an individual.
Any person has the full right to give a Power of Attorney, which entrusts an individual who received the Power of Attorney with a right to speak on behalf of an individual who has given it. For individuals and legal entities, the preparation of such documents is almost identical.
A citizen having relationship with an agent has the right to check the documents confirming the identity of an agent. The Power of Attorney is drawn up in no particular form.
There are single-use Powers of Attorney, given for one single action. There are Powers of Attorney that give the right to perform the same type of actions repeatedly during a specific period.
Notary certification is required on a few special occasions.
Powers of Attorney given for special occasions are those aimed at conducting business, providing for changes in any information in state registers.
Transactions that make changes to the registers are related to real estate. Real estate is an area that requires legal intervention. In other situations, the intervention of a notary is not necessary. The Power of Attorney is drawn up in any form, but several basic points must be specified in it:
- An indication that this document gives the right to represent interests in the title;
- Date and place where the document was given;;
- Details of a citizen who gives the Power of Attorney;
- Details of a citizen who receives the Power of Attorney;
- A complete list of actions, for which the agent is empowered;
- Duration of the document;
- Grantor’s signature.
To certify a document, a person has to pay for notary services. The cost of certification of a Power of Attorney by a notary is about two hundred hryvnias.
How to give a Power of Attorney to represent the interests of a company?
Except for the head, any person or company whom a specific company gives a Power of Attorney can become its representative. The company can give a Power of Attorney in no particular form, but certify it with the signature and seal of the head. The date of registration is mandatory, because without it the document is not valid. The validity duration cannot last more than three years, and if the duration is not specified, it is conditionally valid for just one year from the date of signing. You also have to indicate the details of an individual who received the Power of Attorney. The words in the text of the document cannot be shorten. Numbers should be written in words and digits. Following these rules enables the agent to complete the assignment on time, without misunderstanding of any kind.
A Power of Attorney entrusting a person with a special right to represent an enterprise is given either for a single action or for regular performance of the same type of actions. A general Power of Attorney may be given to one of the company's employees at the discretion of its head. Such a document gives all or most of the powers the head of the organization is endowed with.
The document does not require certification by a notary, except for those moments when the employee receives the right to use movable and immovable property. Powers of Attorney given to carry out an important assignment are recommended to be certified to avoid misunderstandings. This will be a confirmation of legality of the actions taken and will serve as evidence in court proceedings in the event of a conflict situation.
The unified form of drawing up a Power of Attorney is provided only for material benefits. It acts as the primary accounting Power of Attorney. Except for the seal with the signature of the head, it is also necessary to have the signature of the chief accountant in the Power of Attorney.
In the majority of cases, a document to represent the interests of a company is given to accountants for dealing with tax authorities. Such a document confers a whole list of rights. The document of granting the right to report must be provided both in the personal presence of the accountant and when sending electronic documents.