What does a general power of attorney from an individual entrepreneur give? How is a power of attorney issued by an individual entrepreneur for an individual.
Power of attorney is a document certifying the transfer of authority from one person to another, intended for presentation to third-party organizations and third parties. A power of attorney from an individual entrepreneur is written in free form and certified by the signature and round seal of the individual entrepreneur. Sometimes the certification of the paper in a notary office is required.
What includes a power of attorney from an individual entrepreneur and when it is needed
A power of attorney will come in handy already at the stage of business registration, if you do not want to independently carry an application for registration of an individual entrepreneur to representatives of the tax service. Contact legal company, which will issue an IP for you. As an individual, draw up a power of attorney for an employee of the company in free form and certify it with a notary.
Be sure to indicate:
- place and date of preparation of the document;
- their full name, passport data;
- registration address;
- Full name and passport data of the authorized individual (or the name and details of the organization, as well as the data of the representative);
- a detailed list of the transferred rights;
- validity period of the document;
- the signature of the representative;
- your signature, decryption.
Any type of power of attorney must contain this data. As an individual entrepreneur, in addition to the specified information, include the TIN and the number of the registration certificate in the document. Place a seal next to the signature.
Seal is a mandatory element for certifying a power of attorney for an individual entrepreneur
The cost of the notary's work on the certification of the power of attorney is 1400-1600 rubles, the specialist will need your passport, the data of the attorney and a copy of his passport.
An entrepreneur can not only register a business by proxy, but also close it at the tax office. To do this, you need to issue a power of attorney to represent the interests of an individual entrepreneur and certify it with a notary. Applications made on behalf of the entrepreneur are also subject to certification.
After registration, you will be able to give powers of attorney already as an entrepreneur. For notarization you will need:
- passport, stamp and accounting documents SP;
- information about the attorney (for individuals - registration address, number and information on the issuance of a passport; for legal entities - the name and details of the company, registration address).
A power of attorney is needed if you want to delegate authority to a representative for such actions:
- receipt of goods and Money from counterparties;
- signature of documents on behalf of the individual entrepreneur;
- receiving letters, parcels and other correspondence by mail;
- representation in court;
- representation of interests in government agencies;
- interaction with authorities.
A simple power of attorney for one action can be written by hand and certified by your personal signature and seal. Government authorities and credit institutions require that the document be registered with a notary office and signed by a notary. It is obligatory to certify the powers of attorney for registration, liquidation, change of the types of activity of the individual entrepreneur and the conclusion of transactions, as well as the general power of attorney transferring all the powers to conduct the business of the entrepreneur.
If a trustee violates the law, acting on your behalf, then you, as an entrepreneur, are responsible for his actions.
Video: how to write a power of attorney
Terms of validity of powers of attorney from individual entrepreneurs
When issuing a power of attorney, you can specify the period of its validity. If the term is not specified, according to Art. 186 of the Civil Code of the Russian Federation, the document is valid for a year from the date of signing. If the date of signing is not spelled out, the power of attorney has no legal effect.
An exception is a power of attorney drawn up for a representative of an individual entrepreneur to work abroad and signed by a notary. If no expiration date is specified, it remains in effect until revoked.
Create a register of powers of attorney in order to quickly track to whom what rights and powers you have transferred and for how long.
You can terminate the powers determined by the power of attorney ahead of schedule by yourself by filling out the revoking document in the same manner as the transfer of powers, or the attorney does this by writing a waiver of powers.
Cases when a power of attorney automatically expires:
- expired;
- the action specified in the one-time power of attorney has already been performed;
- the activity of the individual entrepreneur, on whose behalf the document was issued, has been terminated;
- a bankruptcy procedure was carried out, as a result of which the right to issue powers of attorney was lost;
- the person who issued or received the power of attorney died, was declared incapacitated, deceased or missing.
Types of powers of attorney from entrepreneurs
A power of attorney on behalf of an individual entrepreneur can be issued for a capable individual over 18 years of age or for a company and its representative. There are three types of powers of attorney - one-time, general (general) and special. They differ in the number of delegated powers.
One-time is issued to perform one action specified in the document - for example, to sign a contract or receive goods instead of an entrepreneur.
The General gives the attorney full right to conduct business of the individual entrepreneur and carry out any actions on his behalf: including signing contracts and performing financial transactions.
A special power of attorney is issued for certain actions on a regular basis
A special one is drawn up in order to transfer to the attorney the right to systematically perform one or several actions on behalf of the entrepreneur - for example, regularly receive goods from suppliers or money in the bank, submit reports to the tax office.
Powers of attorney certified by the sole proprietor
Simple powers of attorney are drawn up in writing in free form, indicating the data of the entrepreneur. They are certified by his seal and signature.
Powers of attorney that an individual entrepreneur can independently attest:
- Representation of interests. It is compiled in a simple form and is intended to receive goods, funds, valuable papers, correspondence, as well as for submitting reports, interacting with credit institutions and making transactions. If you transfer to an authorized person the right to sign contracts on your own behalf, then you must register this in the document - preferably with an indication of all counterparties with whom the attorney can make transactions.
- To receive money and commodity material values... A power of attorney is needed to receive payment for services rendered on behalf of an individual entrepreneur, as well as goods from suppliers and contractors. If you are issuing a one-time power of attorney, indicate in it the name of the product or the amount to be received by the authorized person. In a special power of attorney for several operations of the same type, it is enough to indicate the validity period. The document is also drawn up to receive money from a bank account. The legislation is not specified, but some banks require notarization of the document.
- To receive postal correspondence. It is drawn up in writing with the indication of all the details of the individual entrepreneur and the attorney, certified by the seal and signature of the entrepreneur.
The power of attorney must contain all the details of the owner and representative, as well as the data of the car. A clear list of rights that are transferred to the representative is mandatory.
How to delegate authority or terminate a power of attorney
The procedure for the transfer of rights is determined by Art. 187 of the Civil Code of the Russian Federation, which states that the authorized person must personally perform all actions, the right to which is transferred to him by the principal. An authorized person may transfer rights:
- if the main power of attorney specifies the possibility of transferring;
- if forced to do so external factors, the protection of the interests of the principal is required and the power of attorney does not prohibit the transfer.
In this case, the authorized person is obliged to certify the document in the notary office and notify the principal, giving him detailed information about the new representative. The transfer of rights cannot be valid longer than the main power of attorney.
Transfer of power of attorney requires notarization
The sequence of actions for revoking a power of attorney depends on the form in which it is drawn up.
You can revoke a simple power of attorney by drawing up a revoking document on behalf of the individual entrepreneur, signing it and affixing a seal. In this case, the attorney must send the document by registered mail with notification or personally hand it over against receipt. When notified, the representative must return the power of attorney to you immediately. Additionally, send notices of termination of the power of attorney to all instances where the authorized person represented your interests. If you do not send a notice of termination of the power of attorney, you will be responsible for its actions performed on your behalf.
It is easier to revoke a notarized power of attorney than a regular one. Tell the notary who issued the document to you about your intention to issue a review. The notary will draw up the paper, send a notice to the attorney and known third parties. In this case, the representative can return the document to you or to a notary firm. If your representative refuses to voluntarily return the paper, contact law enforcement.
An authorized person may not return a power of attorney with an expired validity period.
There is an irrevocable power of attorney - a document that cannot be revoked before the expiration date. It is drawn up by a notary and can only be canceled in exceptional cases.
What are the risks of working without a power of attorney
If a representative of an individual entrepreneur enters into a transaction on his behalf with a counterparty without a power of attorney or in excess of the powers specified in it, and then refuses to fulfill obligations, the counterparty may file a lawsuit against the entrepreneur. The claim will be satisfied only if it is proved that the SP approved the transaction.
If the transaction was made on behalf of the individual entrepreneur without a power of attorney, the judge determines whether it was approved by the entrepreneur or there was an excess of authority on the part of the employee
Approval can be confirmed by:
- the fact of full or partial provision of paid services by the entrepreneur;
- conclusion of another transaction necessary for the implementation of the first;
- a written request to defer the performance of obligations.
If the fact of approval by the entrepreneur of the transaction is proved, then the court obliges him to fulfill the requirements specified in the claim. If not, then the claim is rejected, the transaction is declared null and void, and sanctions are applied to the employee who acted without a power of attorney for exceeding or abuse of office in accordance with labor law.
If the power of attorney is drawn up and signed by the entrepreneur, but part of the data, except for the full name, date and place of birth, is indicated incorrectly, the authorized person retains his powers.
When issuing a power of attorney, carefully consider the list of powers that you delegate to an employee or a third party. Clearly write down all the actions that the representative can take for you. For a one-time power of attorney, set a minimum validity period. It is better to re-write the document, otherwise the representative will receive more rights than required, and this can expose the company to risks.
Share with your friends!Entrepreneurs can take legal action on their own, but it takes time. They can also do this using a power of attorney. Then the work will be done by another person. Sample power of attorney from individual entrepreneur for physical the person will make it possible to correctly draw up this document. Details on this procedure are presented in the article.
What is a power of attorney?
With the foundation of the IP, one must prepare for the need for the help of other people. And this applies not only to employees. They conduct their activities under an employment contract. But they are often attracted to other work that does not relate to their direct responsibilities.
For example, an entrepreneur is located in another country, and a buyer in a city where the business is operating needs to transfer funds for a previously received product. A businessman will not be able to receive funds, therefore, for these purposes, it is required to have a reliable person. This is what a power of attorney is for.
This document is compiled in accordance with the norms of the law. With its help, it will be possible to delegate your own rights to others. And they will represent interests to the other side. The documentation is drawn up in writing. The power of attorney of an individual entrepreneur will help if you have to be absent from work or it is difficult to cope with its volume.
What is written in the document?
Sample power of attorney from individual entrepreneur for physical the face will allow you to correctly arrange it. The document is drawn up in any form, but still there are some requirements. If you do not follow the rules for filling out the document, then it will not give the right to execute transactions to the authorized person.
An important requirement is the paper form of the document, it must be in writing. It is possible to use both free-form writing (on a regular sheet or letterhead) and on special paper certified by a notary. Sample power of attorney from individual entrepreneur for physical the person includes the following information:
- Name of the documentation.
- Place of registration.
- Date of issue.
- Personal data of the principal.
- Information about the person who receives the power of attorney.
- List of possible actions.
- Validity.
- The signature of the trustee.
- IP stamp and signature.
According to the law of the Russian Federation, this document is valid for 3 years. If it is not specified, it means that the power of attorney is valid for 1 calendar year. It is important to indicate the date of compilation, otherwise the paper will be invalid.
When is a power of attorney required?
The document may be required under various circumstances. There are cases of its application, established by law, as well as those that relate to the work of the organization.
It is required to know the form of power of attorney from an individual entrepreneur to an individual if necessary:
- Representation of individual entrepreneurs in the tax office.
- Bank account management.
- Receiving postal items.
- Appeals to local authorities authorities.
- Receipt of goods and other valuables.
- Representation of individual entrepreneurs in court.
- Implementation of transactions with partners.
- Purchases, sales of real estate.
The sample of power of attorney for an individual is the same in all these cases. This document is required for every entrepreneur, because usually these people are busy.
Types of powers of attorney
There are several types of this paper:
- One-time. The paper is drawn up for one operation. It is used only once. After reaching the purpose of drawing up the document, it will be invalid. For example, an employee was sent to a customer to receive an advance payment from him. This power of attorney applies to small transactions. It is issued for any employee if the assistant cannot fulfill the assignment at a specific time.
- Special. This power of attorney is needed to carry out work in a certain area. For example, it is required that a lawyer always represents interests in court. Special documents include bank documents, which will be required for submission to the tax office. A power of attorney is issued to the company's accountant to receive the money. If the organization has a freight forwarder, then he can perform on behalf of the manager of the purchase.
- General. This document is considered the most important. It must be registered with a notary. The authenticity of the paper is checked using a special register. The document is entered into the database, so it is difficult to forge it. A general power of attorney is drawn up in the event that a person needs to be given more authority.
Sample power of attorney from individual entrepreneur for physical the face is the same in all cases. The papers differ only in the listed powers that the specified person can perform.
Other varieties
The power of attorney differs not only in the scope of use, but also in the form of drawing up. In this aspect, it happens:
- Simple. Issued by the individual entrepreneur. The document does not have a specific sample, it is drawn up in free form. It has limited action. Not all authorities work with such securities. They are usually one-off. The document is certified by the IP signature.
- Notarial. This document is considered more reliable than the first draft. For some operations, this particular power of attorney is required.
Reasons for contacting a notary
In several situations, the law established the relationship of the parties with the help of notarized power of attorney... This paper is required during:
- Appeals to tax office.
- Drawing up a lease agreement.
- Signing a mortgage.
- Transfer of rights to dispose of property.
To apply to all government agencies, you need a notary paper. A sample power of attorney from an individual entrepreneur to an individual will help to correctly draw up a document. Mandatory item there will be a list of rights that are transferred to a third party.
Dates of validity
In each sample of power of attorney from individual entrepreneur physical. the person is instructed that the date of drawing up must be written, otherwise the document will be invalidated, and it will not be possible to perform any work with it. If the other party to the transaction did not notice the absence of a date on the power of attorney, and on the basis of this an agreement was drawn up, it will be declared invalid.
The power of attorney may have a validity period specified by the entrepreneur. For example, it is required to transfer powers to another person for 2 weeks or 1.5 years. This method should be indicated in the power of attorney. If the term is not specified in the document, then the paper will be valid for 1 year.
Previously, the document could be drawn up for 3 years, but now this paper can be unlimited. The end date is the day on which the document is revoked. This agreement usually applies to representatives who are located in other countries. As well as registration, closing a power of attorney from an individual entrepreneur for physical. person can be executed at any time. This is done with the help of a notary with a notarized power of attorney and independently with a simple form.
Nuances related to the power of attorney
There are a few important nuances that all entrepreneurs should know. This will help avoid difficulties. Can such paper be issued employees? It is considered that a special power of attorney is a document certified by the employer. It may be required for the employee to receive mailings in his name.
For example, an employee wants to issue a power of attorney to another person to perform certain work... Then the person as an individual entrepreneur cannot certify this paper. It will be invalid. None of the IE employees has the right to certify the document with the IP signature, since the owner is natural person... This can only be done by a legal entity on behalf of the chief.
A power of attorney may be required for the specifics of the organization's work. If an individual entrepreneur performs intermediary services, then a power of attorney is required to be issued constantly. To draw up a simple document, you need a manager's signature. But there are times when printing is required. If it is absent, you must contact a notary. Usually, transaction partners do not trust unprinted letterheads, so this requisite should be ordered.
All powers of attorney are used to transfer powers to another person. But it should be borne in mind that the responsibility still remains with the leader. If the representative has committed a gross error or violated the rights of a third party, the entrepreneur will have to answer. Therefore, it is important to choose competent specialists for these purposes. The authority must be clearly spelled out.
The power of attorney assumes only the signature of the principal. There should be no other marks. It is imperative to keep a register of the issuance of intangible assets. Please include the form number, expiration date, reporting person information, and the name of the third party. So it will be possible to control the procedure for issuing powers of attorney and revoke them in a timely manner.
Every citizen Russian Federation at least once in a lifetime issued a power of attorney... Such a document allows you to conduct business on behalf of a particular individual or legal entity or to dispose of such property - depending on the standards set out in the trust deed.
Like any other citizen, individual entrepreneur may need to draw up a power of attorney for a third party if at the moment he himself is not able to independently cope with a number of duties. The reasons for this situation may be the following:
- The state of health of a businessman at the moment does not allow him to do business;
- This citizen is seriously ill or someone close to him has died;
- An individual entrepreneur is absent from the country for a long time due to a forced business trip or for personal needs.
There can be many reasons for issuing a power of attorney. But how to correctly draw up the document in question? What are the types of trust deed? Is notarization required? Read about this in the article.
To issue a trust deed, the person concerned will need to collect package of documents from the following list:
- Proof of identity of the trustee;
- Client's passport;
- Bank details of an individual entrepreneur (if the proxy is authorized to manage his finances);
- Extract from the One State Register individual entrepreneurs (EGRIP);
- Certificate of state registration of a citizen as a private entrepreneur;
- A document confirming the registration of a taxpayer (TIN).
All of the above documents are required in case of notarization of the power of attorney.
Cost and duration
Duration of the act of trust is determined by its parties prior to the conclusion of the agreement. The standard time period for which documents of the type in question are concluded is 6 calendar months. Maximum validity period of a power of attorney provided by the current legislation - 3 years.
Cost of notarization power of attorney for the period of 2018 varies within 250 rubles for the service itself and about 2000 rubles for technical work. It should be added that the indicated tariff is approximate. Depending on the qualifications of the notary institution, the price may be more or less than the indicated one. However, the maximum total amount the fee for notary certification of a power of attorney is 3000 rubles.
Do you need a notarization or not?
According to the current legislation of the Russian Federation, in most cases, a notarial certification of a trust deed is not required. However, in order to avoid unpleasant situations and disputes regarding the legitimacy of this document, it is recommended not to neglect the procedure for notarizing a power of attorney.
Notary services when issuing a power of attorney individual entrepreneur are required in cases where the subject of the agreement is:
- Actions performed with a large sum of money;
- Real estate transactions;
- Solving serious problems of an individual entrepreneur with government agencies;
- Conclusion of long-term agreements with large financial institutions;
- Interaction with tax authorities;
- Other actions subject to official state registration.
Registration general power of attorney from an individual entrepreneur also requires notarization. This nuance is due to the fact that such a document allows the trustee to freely dispose of the trustee's property. Such a crucial step requires official confirmation.
Drawing up a power of attorney for an individual in order to conduct business of an individual entrepreneur is a common practice, since it is simply unrealistic to conduct the entire business process independently. This document makes it possible to represent the interests of an entrepreneur in various tax authorities, courts, foundations, banks, and perform various functions.
At the same time, the boundaries of the powers of a trusted individual can be individual in each case - from performing an insignificant single operation on behalf of an individual entrepreneur to the systematic signing of contracts or representing interests in instances.
Power of attorney from individual entrepreneurs to individuals for business management sample download.
Why do you need a power of attorney for an individual from an individual entrepreneur
A power of attorney between such persons may be drawn up for the following purpose:
- Registration and closure of IP;
- Business management, systematic reporting in the tax and other authorities;
- Protecting the interests of individual entrepreneurs during legal proceedings;
- Conclusion of agreements and contracts;
- Receipt of funds, mail and goods and materials.
Download also a sample power of attorney to transfer the right to sign documents to another person download.
Correct formation of a power of attorney from an individual entrepreneur to conduct business
According to the legislative norms, an individual entrepreneur is an individual who has the right to engage in entrepreneurial activity, which means that the form of power of attorney is identical to the documents drawn up on behalf of individuals.
The power of attorney to represent the interests of an individual entrepreneur to an individual must contain the following columns:
- Full name of the principal and his details;
- Registration number as an individual entrepreneur;
- Full name, address and passport data of the authorized individual;
- An exact list of acceptable actions on the part of the trusted person;
- The term of the power of attorney;
- Date of preparation;
- Principal's signature;
- If available, print.
Important: when drawing up a power of attorney, the IP trustee must understand that responsibility for all actions falls on his shoulders, since the trustee will act on his behalf.
Most of the powers of attorney from individual entrepreneurs issued to an individual are drawn up in a simple writing, however, if the need arises, it is permissible to use a standard form of such a power of attorney and fill in the required fields.
Types of powers of attorney
There are 3 main types of powers of attorney:
- One-time - it is necessary to perform one function on behalf of the individual entrepreneur once, for example, filing in tax reporting;
- Special - enables the representative to exercise his powers for a certain period of time;
- General - provides an opportunity for an individual empowered to fulfill the duties of an entrepreneur in full and dispose of his property at a certain time, maximum 3 years, usually an individual entrepreneur is issued to conduct business of an entrepreneur.
Do I need to be certified by a notary
According to regulations notarization of a power of attorney from an individual entrepreneur to an individual is required if it is necessary to represent interests, during which changes are made to the state registers.
It is especially important to have a notary certificate on the document in case of performing an action in the presence of a notary or subject to state registration. For example, when drawing up a power of attorney from an individual entrepreneur to conduct business, it is better to immediately certify the form with a notary.
Important: if a power of attorney for an individual from an individual entrepreneur needs a notarization, then it is better to draw it up in the presence of a specialist on his company standard letterhead, while he will concretize the actions of the trusted person in each individual case.
After drawing up a power of attorney for the conduct of business by a notary, you should read the paper and make adjustments if necessary.
The transfer of authority to a trustee is a common state of affairs in doing business, for example, if the owner of the property of an individual entrepreneur needs to leave or simply rest. At the same time, some responsibilities of professional lawyers and the manager will be performed better by the owner himself, however, the document must have clear descriptions of the functions and terms of action, and also be drawn up in accordance with all the rules.
Power of attorney of an individual entrepreneur
1.Power of attorney for an individual entrepreneur
Any individual entrepreneur can entrust the execution of any instructions to his authorized representative. Peculiarity entrepreneur's powers of attorney consists in the fact that in this power of attorney he acts not just as an individual, but as an individual entrepreneur registered in accordance with the procedure established by law with the assignment of the main state registration number to him.
To design such powers of attorney at the notary SP must have a passport, a certificate of state registration of an individual as an individual entrepreneur and a "fresh" extract from the USRIP.
Power of attorney from individual entrepreneur to conduct business
The presence of a trustee is not necessary, it is enough to know exactly all of his details: last name, first name, report, citizenship, date and place of birth, permanent registration address and passport data.
Depending on the need, you can issue a power of attorney designed for various life situations (we will conditionally call it a "general power of attorney") or to perform any special functions, for example, to perform settlement and cash transactions in a specific commercial bank on a specific current account. Having a sample of a good power of attorney, you should insist that the notary draw up the power of attorney exactly according to the model you proposed (in terms of the listed powers), since sometimes the samples offered by notaries leave much to be desired.
2. Sample power of attorney IP for a bank
Power of attorney
represent me, as an individual entrepreneur, at Sberbank of Russia OJSC with the right to present settlement (payment) documents, cash receipts, cash payment announcements, documents for cash transactions to Sberbank of Russia OJSC, receive bank statements on personal account, attachments to them, as well as submit and / or receive other documents from the bank on the current account No. 40811111111111111111 in the currency of the Russian Federation, sign for me and perform all actions related to the execution of this order.
3. Sample general power of attorney for individual entrepreneurs
Power of attorney
City of Moscow, November 8, two thousand and thirteen.
I am an individual entrepreneur Ivan Ivanovich Ivanovich, born on January 01, 1970, place of birth: Moscow, citizenship: Russian Federation, gender: male, passport 11 11 111111, issued by the Department for the Yuzhnoye Tushino district of the OUFMS of Russia for the city of Moscow in SZAO 02 February 2002, subdivision code 770-099, INN 111111111111, OGRNIP 111111111111111, certificate of state registration of an individual as an individual entrepreneur, series 77 No. 111111111, issued by the Interdistrict Inspectorate of the Federal Tax Service No. 46 in Moscow on January 10, 2013, registered by address: Moscow, Skhodnenskaya street, house. 1 (one), apartment 1 (one), I authorize this power of attorney
gr. Petrova Petr Petrovich, born on January 02, 1972, place of birth: Moscow, citizenship: Russian Federation, gender: male, passport 22 22 222222, issued by the Department for the Yuzhnoye Tushino district of the OUFMS of Russia for the city of Moscow in the SZAO on February 02, 2003, subdivision code 770-099, registered at the address: Moscow, Skhodnenskaya street, house. 100 (one hundred), apartment 100 (one hundred),
represent me as an individual entrepreneur in the bodies of the Federal Tax Service of the Russian Federation, in particular, to exercise the rights provided for in Article 21 of the Tax Code of the Russian Federation in full, including:
directly represent me as an individual entrepreneur when conducting tax control regardless of the form of tax control, time and place of its implementation;
enter into relations with tax authorities regarding registration, submission of tax returns, requested documents and information with the right to sign them in full of the rights granted Tax Code Russian Federation to an entrepreneur;
submit reports, including extrabudgetary funds, to receive a deferral, payment by installments or a tax credit, to offset and refund the overpaid or overly collected amount of taxes;
register with the competent organizations the termination of employment contracts with employees, as well as changes made to employment contracts;
receive and send inventory items, cargo, sign the corresponding shipping and shipping documents, make the appropriate calculations;
represent interests, enter on behalf of and on behalf of various commercial organizations, as well as banks and others credit institutions, sign agreements, contracts and other documentation with them, issue and sign invoices, draw up and sign invoices, make purchases of goods and make appropriate calculations;
represent interests, act on behalf of and on behalf of various government bodies, commissions, inspections (SES, etc.), draw up, sign and receive the necessary documents there;
to appeal against actions (inaction) and decisions of state and municipal bodies, institutions and organizations, their officials, including tax and customs services, internal affairs bodies, to demand compensation for damages;
represent my interests in the Federal Tax Service of Russia and its territorial tax offices, branches The Pension Fund Russia, the Mandatory Fund health insurance RF, Foundation social insurance RF, RF Employment Fund, authorities Federal Service state statistics of the Russian Federation, in the bodies of the Federal Migration Service, in the bodies of the Federal Customs Service, in territorial agencies for the development of entrepreneurship, Rospotrebnadzor, Rosreestr and other state and municipal bodies, institutions and enterprises, commercial and non-profit institutions and enterprises on any issues related to the implementation of me entrepreneurial activity, for which I grant him the right to collect, submit and receive the necessary certificates, documents, applications, notifications, certificates, patents and licenses, including applications for state registration of an individual as an individual entrepreneur, on the transition to a simplified taxation system, applications for making changes to EGRIP concerning information about an individual entrepreneur, submit reports, tax returns on my behalf, with the right to restore the lost accounting documentation, reports, declarations, participate in field checks, receive certificates of registration with the above organizations, notifications of the transition to a simplified taxation system, make the necessary calculations, receive account statements, provide payment documents, payments, receive and send correspondence on my behalf, submit applications and requests on my behalf, request and receive information;
participate in the consideration of cases of administrative offenses with the right to sign on protocols and resolutions on administrative offenses;
to conduct my affairs in all judicial institutions with all the rights that are granted by law to the applicant, defense lawyer, plaintiff, defendant, third party, victim, his representative, including with the right of a representative to:
writing a statement of claim, submitting it to a court, transferring a dispute to an arbitration tribunal, filing a counterclaim, fully or partially refusing claims, reducing their size, recognizing a claim, changing the subject or basis of a claim, concluding a settlement agreement, appealing a court order, filing executive document to recovery, receipt of the awarded property or money, with the right to file an appeal, cassation complaint, supervisory complaint, application of recusals and petitions, obtaining decisions, rulings, orders of execution and court orders;
as well as in the case of jurisdiction of the dispute arbitration court, with the right of a representative to:
writing a statement of claim and a response to statement of claim, statements for securing a claim, transfer of a case to an arbitration court, full or partial waiver of claims and recognition of a claim, changing the basis or subject of a claim, concluding a settlement agreement and agreement on actual circumstances, as well as with the right to sign an application for revising judicial acts on new and newly discovered circumstances, appeal against a judicial act of an arbitration court;
negotiate, transfer and sign documents on my behalf for the opening and operation of accounts of an individual entrepreneur in various banks and other credit institutions, sign contracts (for cash settlement services, I-bank, collection, etc.), confirm the validity (relevance) of the transferred copies of documents, as well as transfer and receive documents from banks and other credit institutions, including disposition of funds on accounts, make deposits of cash to accounts and present checks for payment, with the right of first signature on all financial settlement and cash offices, bank cards and others bank documents, register cash registers;
conclude contracts of a civil nature (sale and purchase, supplies and others) with the right to sign contracts and additional agreements to them, sign for me and perform all actions related to the implementation of this order.
The power of attorney is issued for a period of three years, powers under this power of attorney cannot be delegated to other persons.
Compliance with Articles 187-189 Civil Code Russian Federation explained to the principal.
The sympathy of the present power of attorney to the principal is read out loud.
principal ______________________________________________________________________
The text of the page was prepared 11/13/2013
How to properly issue a power of attorney from an individual entrepreneur
Power of attorney to represent an individual entrepreneur
In accordance with the norms of the current legislation, a power of attorney is a written authorization issued by one person to another person for representation before third parties. A written authorization to conclude a transaction by a representative can be presented directly to the corresponding third party (Article 185 of the Civil Code of the Russian Federation).
In this case, it is necessary to pay attention to the powers that are indicated in the power of attorney.
Thus, an individual in whose name the power of attorney is issued has the right to act on behalf of the person who issued the power of attorney and exclusively within the powers specified in the power of attorney.
Art. 23 of the Civil Code of the Russian Federation indicates that a citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur. At the same time, the rules of this Code, which regulate the activities of legal entities that are commercial organizations, are accordingly applied to the entrepreneurial activities of citizens carried out without the formation of a legal entity, unless otherwise follows from the law, other legal acts or the essence of the legal relationship.
Representation of the interests of the principal when concluding contracts by an attorney as an individual entrepreneur is governed by the norms of Art. 184 of the Civil Code of the Russian Federation (commercial representation). This article indicates that commercial representation is carried out on the basis of an agreement concluded in writing and containing indications of the powers of the representative, and in the absence of such indications, also a power of attorney.
In this regard, when concluding contracts on behalf of the principal by an individual (individual entrepreneur), in whose name the power of attorney was issued, it is necessary to pay attention to two aspects:
1. The presence of a contractual relationship between the attorney (individual entrepreneur) and the principal for the provision of relevant services (Chapter 49, 51, 52 of the Civil Code of the Russian Federation)
2. The presence of the authority to commit legally meaningful action an attorney on behalf of the principal as an individual entrepreneur.
The head of the organization, as well as an individual, has the right to transfer the right to receive material assets to a trusted person. In this case, this employee (or an individual) will be able to receive goods by order, agreement, invoice, contract or alongside and in a number of other cases.
A mandatory document certifying this right is the Power of Attorney for receiving material assets in the format No. M 2 and No. M 2a. How to correctly draw up such a document, what mistakes should be avoided, we will describe below. And at the bottom of the page there are buttons by which you can download a power of attorney form for receiving material assets and a sample of filling out this form for free.
Power of attorney to receive goods and materials - what to look for
The form of power of attorney to receive the goods, in principle, can be arbitrary, especially in the case when an individual delegates his powers. This document is necessary in order to confirm the authority of the employee of the company, who is entrusted with the acceptance of goods on behalf of the organization or enterprise. Such a power of attorney is certified only by the signature of the principal; notarization is not required.
According to article 185 of the Civil Code of the Russian Federation, this document is issued directly to the person who will ship or supply material assets, or to a representative for presentation at the place of demand.
If it is necessary to draw up a document on the transfer of authority from legal entities, then a sample power of attorney is usually used to receive the goods, provided for by the decree of the State Statistics Committee of Russia No. 71a dated 30.10.1997. It involves the use of unified forms M-2 and M-2a, but legal entities can also draw up a power of attorney in their usual free form. But even then all the necessary details must be indicated in it.
We will talk about this in more detail below, but here we will pay attention to some details. In particular, it is obligatory to list specific goods or other values with an indication of their quantity.
Power of attorney from individual entrepreneurs: features, varieties, forms
Sometimes, other documents are drawn up for goods and materials, which are required to be received by a third party by proxy. For example, to receive goods at the place of delivery, an invoice or specification for the contract, a bill of lading or another document containing a complete list of goods is used. Then it is permissible to download a power of attorney form for receiving material assets and not list in it all the goods and materials that are to be received. But it is imperative to enter the details of this primary detailed document in it.
Sometimes, when drawing up this important document, a serious oversight is made: the date of its compilation is not indicated. And this is an obligatory element of a power of attorney, no matter whether it is executed in a unified or free form. In the absence of a date, the power of attorney is considered null and void, that is, it will not have legal force. In this case, the parties lose the rights and obligations provided for by the official document.
Validity period and reasons for the loss of legal force
Here you can download a product receipt form for free. Such a power of attorney is valid for receiving valuables, most often, no more than 15 days. The specific period depends on a number of conditions, in particular, on the possibilities of transport delivery of the goods. These details are prescribed in the contract or other document on the basis of which the power of attorney was issued. In the case of receiving inventory items in the format of planned payments, the power of attorney is often issued for a period of a calendar month. If the employee has not reported on the power of attorney, the validity of which has expired, he is prohibited from issuing a new similar document.
An essential point in the functioning of the power of attorney to receive the goods is the reasons for its loss of legal force, and these are:
- lack of necessary details;
- absence of the date of filling or its discrepancy with the actual date of shipment of material values;
- filling out the form with violations of the rules;
- the presence of amendments and blots;
- in the absence of a passport specified in the power of attorney;
- the period for which the document was issued has expired.
In these cases, trade enterprises, supplying or sales organizations do not release inventory items according to these powers of attorney, which have become invalid.
Power of attorney to receive goods from a legal entity
Download the M2 power of attorney form, you need to fill it out: all the necessary details are clearly listed here. In particular, information about the organization that instructed the authorized person to receive the goods. A number of enterprises develop their own forms of such forms using the company logo. This serves, in addition to utilitarian purposes, also a kind of advertising, a fact of corporate policy. In the power of attorney on the letterhead of an enterprise or organization (legal entity), information about the company is entered: legal address, OGRN, the name of the head or another person authorized to issue powers of attorney is entered. The name of the document (contract, agreement, Charter, etc.), on the basis of which the power of attorney functions, is also recorded.
The information about the goods that is required to be received is listed, the document is confirmed by the personal signature of the representative. Also here it is necessary to indicate the presence of individual rights of the representative, for example, the right to sign consignment notes or other accompanying documents. These data are certified by the seal of the enterprise and the signatures of the head and chief accountant.
Power of attorney to receive goods and materials from an individual
The power of attorney to receive goods and materials from individuals is not much different from the above algorithm for legal entities. In practice, the same forms are often used, especially since all the basic required data about the product and the intermediary (trustee) remain the same. Only the data on the principal is needed somewhat differently, precisely because it is a physical, “unofficial” person. This is the only difference. Yes, perhaps, the fact that in the absence of a form "at hand" in this case, a power of attorney is simply drawn up in free form.
What information about the principal do you need? Surname, name and patronymic, date of birth, place of residence, data on the passport or other identity document (name and code of the issuing authority, number and series, date of issue).
If the person issuing the power of attorney is an individual entrepreneur, then it will be necessary to indicate him as well; and if the individual entrepreneur has a seal, then he certifies this document with it.
Power of attorney form for receipt of goods: how to fill out
How to fill out a power of attorney to receive goods and materials. Let's start with the front side.
Code OKPO organization(in accordance with the statutory documents) we enter in the column in the upper right corner of the form.
Below we put the date of issue, the document number and its validity period. The law allows for a three-year period of validity of a power of attorney. In fact, it is most often discharged for a month (if you need to receive goods and materials on a regular basis). With a one-time receipt of the goods - for the required short period.
Information about the recipient of the goods and the payer (if they are different persons) - the names of the organizations, legal addresses,. If the payer and the consumer are one person, then in the corresponding line of the payer we write “he is the same”. And then we indicate Bank details payer.
On the "face" of the form, information about the employee to whom the power of attorney is issued is recorded: full name, position, identity card data.
We fill in reverse side form:
First, a table: data on goods and materials that should be obtained. Names, quantity (in words), units of measurement. Columns that remain empty are filled in with dashes - required! A sample signature of the authorized person follows below the table.
On the back of the form, the number and validity period of the power of attorney, the signature of the authorized person are entered; it also appears on what documents the goods were obtained, the date and number of the document serving as confirmation of the receipt of goods and materials. This spine is filled in by the accountant, it is kept in the accounting department.
The power of attorney is certified by the signatures of the chief accountant and the head, as well as the seal of the organization.
When the goods are received, the power of attorney is handed over to the accounting department of the company that issued it. There are also documents on the basis of which the values received under this power of attorney were released.
Free download of the power of attorney for receipt of goods
Using the buttons below, you can download a power of attorney form for receiving material assets and a sample of filling out this document for free.
A power of attorney from an individual entrepreneur gives any adult citizen the right to represent the interests of an entrepreneur, perform 1 or several actions during the entire period of validity of the document or until it is revoked. The power of attorney is drawn up in writing, in some cases it is notarized in mandatory... A sample document and the procedure for its execution are described in the article.
According to current legislation An individual entrepreneur is an individual, not a legal entity. This means that any citizen can register as an entrepreneur, not even the name of their own office with their mailing address. This means that and a power of attorney from an individual entrepreneur is drawn up as a power of attorney from an individual.
In fact, an individual entrepreneur can delegate any powers or part of them to their representative. Depending on this, there are 3 types of documents - a power of attorney can be general, special and one-time.
type of | appointment | example |
one-time | to perform 1 specific action | for example, submit 1 time tax return; after performing this action, the document becomes invalid |
special | systematic performance of 1 or more actions within a specified period | regular submission of declarations for 1 year, acceptance of goods, the right to sign in separate financial documents |
general | the right to perform any action on behalf of the individual entrepreneur | The individual entrepreneur transfers to the representative the entire scope of his powers for the duration of a long business trip; the person actually replaces the entrepreneur, represents his interests in all instances and in front of all partners |
As a rule, the following are listed as specific types of actions / powers, the performance of which the entrepreneur entrusts to his executor:
- transfer of any reporting documents to the tax office;
- receiving goods and other valuables from the supplier;
- the conclusion of any or specific types of contracts;
- receipt of funds;
- the right to sign in specific documents;
- interaction with banks and other credit institutions;
- interaction with authorities, public structures;
- speaking on behalf of the individual entrepreneur, defending his position in the courts.
Sample power of attorney
If the document is drawn up independently, the following data are indicated in it:
- Full name of the individual entrepreneur.
- IP address, his certificate, TIN data, bank account details.
- Date and place of drawing up the power of attorney.
- Name and number of the document (if necessary).
- Name and passport data of two parties - the entrepreneur and his representative, who must be an adult, capable citizen of the Russian Federation.
- Description of the actions / powers that the SP trusts his representative. This is the most important part of the document, therefore special attention is paid to its preparation. They prescribe a specific list of actions, if necessary, refer to internal documents - for example, a price list, contracts with counterparties, etc.
- The document should indicate its validity period - otherwise it will be considered that the power of attorney is valid for 1 year.
- It can also be noted whether there is a right of substitution. If a representative can also entrust part of his powers to another person, then he has the right of substitution. As a rule, this option is not provided for security reasons.
- Date, seal, IP signature. A note on certification by a notary (if the parties turned to him for a signature).
When drawing up a power of attorney, you can focus on such samples.
Document validity period
By general rule a power of attorney from an individual entrepreneur is valid for the entire period specified in it, but not more than 3 years from the date of signing. After this time, you need to renew the power of attorney - i.e. make up new paper. However, even if the term is not specified for some reason, the power of attorney is still considered valid for 12 months from the date of its preparation.
Termination is determined by the revocation of the power of attorney by the individual entrepreneur (he applies to the same or another notary) or termination the specified period... In this case, one should be guided by the following rules:
- If an expiration date is specified, the document will expire on that day until midnight local time.
- If a period is specified (for example, 2 years), the paper expires the next day also at midnight.
- If an event is indicated as the end (for example, the transfer of documents to the tax service) - immediately after the occurrence of this event.
When you need notarization: 5 cases
The power of attorney does not have to be certified by a notary. It is enough for the entrepreneur to verify the data of the documents (his passport and the passport of the representative), sign and seal (if it is used in the work). However, the paper can be certified voluntarily by on their own... And in some cases this must be done without fail:
- If the representative will participate in a transaction that requires notarization. For example, the assignment of the right to claim, an annuity agreement, mortgage, etc.
- If a representative takes actions that must pass the mandatory state registration... For example, any real estate transactions, registration of an individual entrepreneur or termination of his activities in this status, etc.
- If a general power of attorney is drawn up, certification is mandatory when all powers are delegated.
- If such a requirement is made by the organization itself, a partner or a client. For example, tax authorities often require the signature of a notary on the document.
- Also, a power of attorney may be needed to open a bank account, to dispose of the funds stored on it. In this case, the bank representative himself can assure it in the presence of the individual entrepreneur and his representative.
It is important to understand that if persons decide to certify the notary's paper, then it is not required to draw it up on their own. The notary will print out his own form, clarify the purpose of drawing up the document and draw up it in accordance with the requirements of the parties.
The document can also be certified in other ways. If an individual entrepreneur is studying or officially employed, he can certify a power of attorney, respectively, at the place of study or work.
Thus, although in some cases certification is not a mandatory procedure, it is desirable that the power of attorney be signed by a notary. Then the partners and potential clients will not have any special doubts about the authenticity of the document.
- How to get a Metro Cash & Carry card for an individual - getting a card and a list of documents Metro card registration
- An example of a settlement reconciliation statement
- How to withdraw money from YouTube (YouTube) and Google Adsense (Google Adsense) to a Sberbank card: A Complete Guide
- Active income: types and creation of sources