Sample power of attorney to the bank to receive documents. Power of attorney to the bank from a legal entity - drafting rules
Power of attorney for bank legal entity- a sample is available for download at the link below - will allow a representative of the organization to interact with the bank on its behalf. In addition, the reader will learn how to properly fill out a power of attorney and how to stipulate the powers of a representative so as not to encounter problems in the course of exercising these powers.
Power of attorney to represent interests in the bank - legal issues
The procedure for issuing powers of attorney by organizations is regulated by Art. 185-189 of the Civil Code of the Russian Federation. According to Art. 185 of the Civil Code of the Russian Federation, a power of attorney is a written document that is issued by one entity to another to represent its interests before third parties.
A power of attorney to the bank may be issued as a separate document or may be part of another document (for example, an agency agreement). Also, a power of attorney to the bank can be issued to a representative in person or transferred directly credit institution.
According to paragraph 5 of Art. 185 of the Civil Code of the Russian Federation, powers of attorney can be issued to several persons (including those of the same content). Accordingly, in this case, each of the representatives has the right to represent the interests of the organization independently, unless the document itself indicates that they must act jointly.
According to the rules of Art. 187 of the Civil Code of the Russian Federation, the person to whom the power of attorney is handed is obliged to perform all actions in the bank personally. At the same time, reassignment is permissible only in cases where such authority of the attorney is indicated in the document. At the same time, the attorney who transferred his powers to another person must inform the principal about this, and the document on substitution itself should be notarized.
Issuing a power of attorney
According to Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney on behalf of an organization has the right to issue its head or another person (for example, Chief Accountant), if he has such a right, based on the content of the constituent documents. At the same time, the signature of the head and the seal of the organization are sufficient for the bank. Certification by a notary, according to Art. 185.1 of the Civil Code of the Russian Federation, is required only for the commission notarial transactions or actions related to state registration rights or contracts.
Power of attorney validity period
According to Art. 186 of the Civil Code of the Russian Federation, the power of attorney requires an indication of the date of its issue. Otherwise, it is insignificant and cannot be used (it will simply not be accepted). The power of attorney may not be limited in time - then it is valid for 1 year from the date of issue. Also, the organization can specify the validity period of the document - in this case, it is not legally limited.
A sample of filling out a power of attorney to a bank from an organization
Practitioners should remember that the legislation does not provide for a unified form of power of attorney for a bank.
Based on the rules of legal technique, the power of attorney must indicate:
- Title of the document;
- date and place of registration;
- name of the organization and details of the representative;
- the name of the credit organization in which actions are required to be performed;
- list of powers;
- validity period of the document;
- sample signature of the representative;
- signature of the head of the company, seal of the organization.
Often a form of power of attorney of a certain form may be available from a credit institution. In this case, it only needs to be filled in.
If this is not the case, you can use a sample power of attorney to the bank from a legal entity with an example of filling out, which you can. The power of attorney can be issued both on the letterhead of the company, and on a regular sheet of A4 format.
Powers of a representative (open a current account by proxy, deposit, receive cash from a bank, etc.)
In practice, a power of attorney can be issued to perform one specific action or to systematically interact with the bank on behalf of the company. In the first case, it is necessary to clearly indicate what specific operation the representative is entitled to perform. For example, such an operation may be the opening of an account for an organization upon its establishment. In the event that the company already has an account, the actions of the representative may be limited to operations with this account.
If the power of attorney is issued with the expectation of regular interaction with the bank, then it can indicate a list of powers that the representative is entitled to exercise, for example:
- opening and closing bank accounts and deposits;
- depositing and withdrawing cash from the account of the organization;
- submission of payment orders;
- receipt of certificates (statements) on the movement of funds on the account;
- performing other actions necessary for the company.
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Summing up, we note that since the representative gets the right to work with material values on behalf of the organization, the execution of this document should be approached with all care and accuracy.
This document empowers a certain individual (or several individuals) who is trusted to perform a series of actions in credit institution. Since the performance of banking operations involves the mandatory signing of the documents accompanying them, the form of a power of attorney must without fail contain the signature of an authorized person. Moreover, it should be placed in the presence of bank employee and they must also be certified if we are talking power of attorney not notarized.
P rules for compilingpowers of attorney to represent interests in a bank
Download power of attorney |
A power of attorney for its use in a bank or other credit organization is drawn up in accordance with the requirements established for such documents by Article 185 Civil Code Russian Federation. This document is always drawn up in writing and is certified by the personal signature of the person who issues it.
The power of attorney must contain full information about the principal, in particular his full name, passport details, address of residence. Similar data is indicated in relation to the trustee. The document also details the essence of the order.
A power of attorney to the bank secures the rights of the authorized person to dispose of the funds available on the account of the principal in banking institution(or any other credit organization).
How exactly the trustee plans to manage the finances of the trustee does not matter: this person can subsequently transfer or withdraw money, replenish an account, open a new one and close accounts, or take other actions. For example, a power of attorney may also grant the right to use safe deposit box, registration of a plastic (bank) card, etc.
It is absolutely not necessary to certify such a power of attorney with either the employer or the notary. It should also be said that in accordance with paragraph 2 of part 3 of article 185 of the Civil Code of the Russian Federation, such a document can be submitted by the principal directly to a third party (bank, other credit institution), with which the representative specified in the document will enter into legal relations. This form is the most convenient and allows you to minimize the risks of both the credit institution and the principal. At the same time, the bank, accepting the power of attorney, has the right to verify your identity and make appropriate marks in the submitted document.
In order to avoid possible abuse of authority by a trusted representative, it is necessary to cover in as much detail as possible the range of his rights in the power of attorney itself. Otherwise, the responsibility for such acts in full will fall on your shoulders. For example, if you need a trustee to withdraw from your account once sum of money in the amount of 10,000 (ten thousand) rubles, it is better this condition indicate directly, rather than using the general phrase "withdraw money from the account" without specifying a specific amount.
Power of attorney to the bank- a document granting the right to an authorized person to act on behalf of the principal. There are situations when it is necessary to perform certain actions at the bank, but there is no opportunity to be present in person. In this case, a power of attorney will help, with the help of which the transfer of the right to represent the interests of the principal to the trustee is formalized. You can download the power of attorney form to the bank from the link below. This sample is available for free download in word format.
A power of attorney can be drawn up on behalf of an individual or legal entity. In the first case, an individual who is not able to personally be present at the bank to perform any action (open a bank card, make a deposit, etc.), transfers the right to represent his interests to another individual who will be trusted.
In the second case, the head of the organization delegates the authority to execute orders in the bank where the organization is serviced (open and close accounts, submit documents, create deposits, letters of credit, receive a bank statement, etc.) to an employee of this organization, for example, chief accountant.
In general, issuing a power of attorney to a bank is in many ways similar to issuing a similar document for representing interests in the Pension Fund (PFR) -, Fund social insurance(FSS) -, tax (IFTS) -, in judicial institutions -.
How to draw up a power of attorney to the bank correctly?
There is no universal standard form of a power of attorney; the principal draws it up independently in writing in a free form. However, there are required details, without which the power of attorney will not be valid:
- Date and place of registration;
- Details of the parties;
- List of powers;
- Signatures, seal of the organization.
These details must be present in the power of attorney form. Date allows you to count the validity period of the document. It is not necessary to prescribe the term itself, if it is not in the power of attorney, then it is automatically taken equal to one year. The details of the parties include the full name of individuals, passport data. The organization indicates the name, full name of the head. The powers depend on what actions need to be performed by the authorized person in the bank.
Power of Attorney Certification
The signature of the authorized person can be certified by the signature of the head of the organization and the seal if the form is issued on behalf of the legal entity.
If the document is issued by an individual, then it is necessary to sign in the presence of a bank employee, in which case the power of attorney will be valid. There is no need to notarize the completed form with a notary. Also, a power of attorney from an individual can be certified at work by an accountant.
Power of attorney to the bank from an individual. Sample
The figure below shows a sample power of attorney to the bank from an individual to another individual, certified at the place of work. The certified power of attorney must have the seal and signature of the witness.
To represent its interests in banking institutions, an organization can draw up a power of attorney for any employee. An employee, upon presentation of a power of attorney and a passport, will be able to perform actions on behalf of a legal entity, prescribed in the form of a power of attorney.
You can download a sample power of attorney to a bank from a legal entity at the bottom of the article in word format.
Every legal entity faces the bank: when opening a current account, when taking a loan, when receiving an account statement, depositing and receiving cash, and in other cases. Without a power of attorney, only the head can represent the interests of the organization. But there is not always the possibility of a personal presence in the bank, especially for performing simple procedures, for example, obtaining bank statement by account. Therefore, each organization is faced with the need to issue a power of attorney to represent interests.
As a rule, a responsible employee, for example, a chief accountant, a cashier, is chosen as a representative - a trustee.
The power of attorney does not require notarization, but the signature of the head of the organization and its seal must be present.
How to draw up a power of attorney to the bank to represent the interests of a legal entity?
Organizations usually draw up a power of attorney on letterhead, in which case you do not have to manually enter the details.
The power of attorney is drawn up in writing. The following information must be included on the form:
- About the principal - a legal entity whose interests will be represented in the bank;
- About a trustee - an individual who is given the authority to perform certain actions on behalf of the organization;
- On the powers that are transferred to the representative;
- About the bank in which the authorized person is to perform the specified actions.
A power of attorney can be issued to represent interests in a particular banking institution. The action that the principal is instructed to perform can be one-time, for example, submit documents to open an account or withdraw cash from a current account, or it can be of a regular nature, for example, receiving a bank statement on account movements.
The date and place of compilation are also required. As for the validity period, it is not limited. The organization can specify any required period of validity of the power of attorney. If no period is specified, it defaults to one year.
A bank power of attorney is a necessary element in the relationship between a client and a financial institution, which gives the authority to an authorized person to perform banking operations. It is important not only to draw up the document correctly, but also to take into account security issues so that the trustee cannot exceed the powers vested in him by the power of attorney. for the bank is compiled for both individuals and organizations. The document grants the right:
- manage funds on the bank's customer accounts, including replenishing the account, transferring and receiving funds, and more;
- open deposits and close them;
- formalize bank cards;
- receive an account statement;
- have access to safe deposit boxes;
- carry out other actions fixed in the power of attorney.
Banking power of attorney for individuals
As a rule, the need for a bank power of attorney for individuals arises when there is a need to provide access to their own money to third parties in case of their absence at the time of operations on accounts. So, for example, a bank client ends the term of a deposit that he would like to close or re-register, but due to his employment in specified period he cannot perform this operation. The way out in this situation will be the advance execution of a power of attorney, according to which an authorized person can receive funds from the bank. The most convenient option for an individual is to issue a power of attorney directly at the bank, for example, when opening an account. As a rule, these are one-time powers of attorney or documents designed for specific types of operations, which are issued directly from a specialist. financial organization. Each bank has its own form of such a power of attorney, but you can download an approximate sample on our website.
The term of the power of attorney to the bank is not limited by law (Article 186 of the Civil Code of the Russian Federation), it is determined by the organization independently, however, the standard term is 1 year.
In addition to a bank power of attorney, an individual can issue a power of attorney to conduct banking operations by third parties at a notary. In this case, when performing actions by an authorized person, the bank has the right to request a photocopy of the passport and the original power of attorney to verify its authenticity, which can take up to several days and thereby affect the efficiency of the exercise of authority.
Banking power of attorney for legal entities
For organizations and individual entrepreneurs obtaining a bank power of attorney is the most relevant moment in the field of their activities. The thing is that legal entities keep extensive bookkeeping, which implies much closer contact with bank employees. Because account information is banking secrecy, any employee of the organization can receive bank statements or cash if there is an appropriate one.
Important! In a bank power of attorney, corrections, erasures and grouting are not allowed.
The procedure for drawing up a power of attorney in a bank:
- An individual entrepreneur or head of an organization when concluding an agreement with financial structure fills in a bank card with samples of his own signature, after receiving which at the bank he has the right to sign any papers, including a bank power of attorney in favor of a third party.
- The head of the organization or individual entrepreneur draws up a power of attorney in the form of a bank, where he indicates the types of operations available for the authorized person, who, in turn, also fills out a card with samples of his signature. The power of attorney must be stamped by the organization or individual entrepreneur, if the latter does not work without a seal.
- From the moment of acceptance of the power of attorney and the sample signature card, the authorized person can carry out any banking operations approved by the principal without the presence of such.
Important! Signed in bank card, both the head of the organization and the authorized person must be set very carefully, so that later they can easily reproduce it, since it is necessarily compared by bank employees when performing operations.
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