A power of attorney is required to carry out the order of an individual or legal entity in law enforcement agencies, the FIU and other government and trade organizations. This document authorizes the intermediary to transfer, receive papers and sign on behalf of the principal. It is often formalized by legal entities, since the head has to regularly contact government and other structures. In the case of an individual entrepreneur, a notary certification may be required. A sample sample is available for download at the end of the article.

To carry out legal transactions on behalf of the company, the employee is issued a power of attorney to represent interests in the FMS. The form is available for download below. It is considered valid when it bears the signature of the head and the seal of the organization.

Important! For powers of attorney issued by legal entities, notarization is not required.

A single sample is not provided. Key content requirements are the absence of spelling errors and corrections. The following information is entered:

1. Date of preparation.
2. Number (this item usually indicates the ordinal number in the current year).
3. Principal data - name of the company, full name of the managing person, series and number of the passport.
4. The basis for the transfer of powers (in most cases, the Charter acts as the basis).
5. Representative data - full name, passport details.
6. List of delegated powers.
7. Validity.
8. Sample signature of the attorney.
9. Manager's signature.

What is the difference between a document and the name of an individual

A receipt for representing the interests of an individual in law enforcement agencies, the police or the prosecutor's office also does not have an established form. In general, the form contains the same items.

1. Date of signing.
2. Information about the principal - full name, series and passport number.
3. Information about the intermediary - also full name. and passport data.
4. Validity.
5. List of operations that are included in the authority of the representative.
6. Signatures of the parties.

Important! In some cases, representation in law enforcement agencies is possible only after notarization.

If a legal representative (guardian) acts as an intermediary in court, you do not need to draw up documentation for him.

When signing, it is important to clearly state the powers of the attorney in the content. This will eliminate the possibility that the intermediary will carry out transactions that the principal wants to reserve. Also, the attorney himself will not have doubts about the legality of his actions.

Representation in the Pension Fund

You will also need a power of attorney to complete the order in the FIU. The authorized person has the right to receive and submit documents, submit reports and perform other actions. There is no unified form for the FIU, it is prepared in a simple written form. The content contains the same information as in the receipts for representation in the authorities.

For the documentation for the FIU to be valid, the signature of the head and the seal of the organization is sufficient for the legal entity. An individual entrepreneur or individual may require a notary stamp.

Important! Sometimes for the Pension Fund of the Russian Federation, the Federal Tax Service and the FSS, it is allowed to draw up one copy to carry out instructions in the tax authorities.

To authorize the intermediary to receive papers and perform other actions on behalf of the principal in the FIU and other structures, you need to prepare a receipt. One of the main requirements is to indicate the date of signing. Without this, the form will not enter into force. Then you can download the sample and enter your data into it.

The power of attorney to represent interests in the FMS (Office of the Federal Migration Service) is an important paper that is necessary when dealing with documents of foreign citizens. It is often used by companies employers.

Files

Timing

The maximum period for which any power of attorney can be issued is three years. If, however, the text of the document does not indicate the period in which the authorized person has the right to perform any actions for the principal, then, according to the law, it is considered equal to 1 year. But usually in the power of attorney to represent interests in the FMS, the term is still indicated: 3, 6 months, a year, etc.

It is worth considering that the power of attorney has no legal force without the date of drawing up.

Appointment of a power of attorney to represent interests in the FMS

According to the existing legislation, the representative of the organization can be its immediate manager. But this person, as a rule, has more important things to do than stand in line at the Federal Migration Service to submit an application or receive ready-made documents for foreign citizens who will work in the organization.

For this reason, the duty can be assigned to an accountant, personnel officer, secretary and any other employee who is listed in any position with a legal entity. And one cannot do without a power of attorney to represent interests.

The document can also be drawn up by individuals or individual entrepreneurs. They also need another person's representation. For example, a person physically cannot come or come to the FMS, but documents must be obtained.

Notarization of power of attorney

• If a power of attorney is issued private person, then it must be signed and stamped by a notary. And it must be filled in on a special form.
• If we are talking about legal entity, then contacting a notary will be an extra precaution. The director's signature and wet seal will be enough for the document to have full legal force.

Is this form required

The form available for download takes into account all the fundamentally important points that should be present in the official paper. Therefore, it is convenient to use, with it there is no risk that officials will not accept documents from the attorney without recognizing his powers.

Components of a power of attorney

The paper is simple enough. It is filled on one side. For correct filling from top to bottom, the page must contain the following data:

• The name of the document without numbering (in the journal of the organization, at registration, their continuous numbering is carried out).
• On the left - the city of signing, on the right - the date of this operation.
• The full name of the legal entity with its details: PSRN, TIN, KPP (if it is an individual entrepreneur, then the details will differ, in addition, a notary mark will be required).
• Legal entity address.
• Full name of the head of the organization as his representative.
• On the basis of which document the manager acts.
• Full name and passport data of the person for whom the power of attorney is issued. If possible, the position of the employee of the organization is indicated.
• In which FMS (which city) the authorized person will carry out operations. A power of attorney can be issued for a representative office in all FMS of the country, but this is risky, as an employee may exceed his authority.
• What powers the head gives the attorney.
• Which foreign citizens through this organization receive documentation from the FMS (if there are more than three of them, it is more convenient to provide information about the full name, date of birth, passport number and country of arrival in the form of a table).

• The term for which the power of attorney is issued.
• Does the attorney have the right to delegate his powers to some other person. If this phrase is not in the text of the document, then such a right will be automatically assigned to the attorney.
• The signature of the head, the seal of the organization, the signature of the attorney.

Credentials

In the text of the power of attorney, the most important thing is to accurately prescribe the functions that an employee can perform on behalf of the head (organization). Otherwise, there is a risk of misunderstanding between the parties. A classic case when contacting the FMS is the issuance of a work permit for foreign citizens. For this example, there is the wording "The issue of obtaining permits." And she suggests:

• Obtaining finished documentation (work permits).
• Submitting applications.
• Submitting permission notices.
• Submission of medical documents of the listed persons.

Separately, the possibility of setting a signature on documents of receipt is prescribed. The more detailed the powers are, the less the risk of misunderstandings will be. There are situations when the head of the institution cannot entrust any functions to an employee. All this must necessarily be attributed in the text of the power of attorney.

The managers of most companies are well aware that it is better to use a ready-made form than to “reinvent the wheel”, hire lawyers to formulate the text, approve the newly invented form by a separate order, add their own power of attorney to represent interests in the FMS in the accounting policy, etc.

An important point! The power of attorney for the FMS will differ from the power of attorney for the PFR not only in name, but also in the powers of the attorney.

If a mistake was made when filling out the form, then it is advisable to rewrite the entire paper in its entirety. Power of attorney with blots and corrections by government agencies are not taken into account, they have no legal force.

Storage period

An interesting situation has developed with the storage time of powers of attorney of this type. The terms of their storage should be clearly specified in the List of typical management documents No. 558 dated August 25, 2010. However, its 61st article only says that the documents issued by the head of an organization to represent the interests of a legal entity are kept permanently.

But in the text of the List, the terms of 3 and 5 years appear for it. In a word, lawyers cannot decide how much to keep this type of power of attorney, therefore they recommend putting them in the archive for permanent storage.

Register the power of attorney to represent interests in the FMS in the register and issuance of powers of attorney of the institution.

To obtain the MC, we issued a power of attorney to a person whose cat is not registered with us, we have the right, this is what the power of attorney is. The question is that this person is a citizen of Ukraine! Could you have any questions and with whom? Couldn't we be attracted from the other side that we use the labor of foreign employees without formalizing labor relations with them?

A power of attorney can be issued for any individual, including a foreigner, and not only for someone who is an employee of the organization. The fact that a person receives goods and materials by proxy does not indicate the existence of an employment relationship. But it is not at all excluded that the inspection qualifies such relations as labor relations (for example, if a person receives goods and materials on a permanent basis). In this case, she will have to prove the existence of an employment relationship - for this you need to collect a set of evidence, and not just one power of attorney.

Note that the person who presented the power of attorney must sign the invoice for the shipment of the goods. The accountant of the selling organization enters the details of the power of attorney into this invoice, and the power of attorney itself is pinned to the second copy of the invoice remaining with the company.

In the event of any claims from the buyer regarding the quantity of the goods, these documents help the seller to confirm that he has transferred all the property to an authorized person. Thus, he disclaims responsibility, and the buyer must sue already his authorized representative. Moreover, this rule applies not only to the sale and purchase, but also to any other transactions when the transfer of values \u200b\u200boccurs (commission, loan, rent, etc.). Thus, a properly executed power of attorney is the guarantor of the authority of the person for whom it was issued, and allows the parties to the transaction to work with this person without fear of possible misunderstandings.

SIMPLIFIED REFERENCE... YULIA SEMENOVA

It depends on where the document will be presented. If in Russia the documents of a citizen must be translated and certified. Also reversed in Macedonia

Article 255. Requirements for documents of foreign origin. 1. Documents issued, drawn up or certified in accordance with the established form by the competent authorities of foreign states outside the Russian Federation in accordance with the norms of foreign law in relation to Russian organizations and citizens or foreign persons shall be accepted by arbitration courts in the Russian Federation in the presence of legalization of these documents or affixing an apostille, if otherwise is not established by an international treaty of the Russian Federation.

2. Documents drawn up in a foreign language, when submitted to an arbitration court in the Russian Federation, must be accompanied by their duly certified translation into Russian.
Commentary on Article 255
1. There are various forms of authentication of documents submitted from abroad, which is discussed in part 1 of this article. Rules of Art. 255 of the APC are related to the provisions of Art. 75 of the APC, which establishes certain requirements for written evidence provided from abroad. These documents as evidence have equal legal force with documents that are of origin from Russia. However, the requirements for confirming their reliability and authenticity are contained in a number of international treaties and agreements that establish the corresponding procedures.
For example, in Art. IV of the 1958 Convention contains requirements for an arbitral award, which is submitted for recognition and enforcement. A duly certified original arbitration agreement and award, or duly certified copies thereof, must be submitted. If the award or agreement is not written in the official language of the country where recognition and enforcement of that award is sought, the party that requests recognition and enforcement of that award shall provide a translation of those documents into that language. The translation is certified by an official or sworn translator or diplomatic or consular office. In such cases, it becomes necessary to affix an apostille or consular legalization, observe a different procedure, as well as provide a notarized translation of the agreement and the decision into Russian (see for more details: Karabelnikov B.R. Recognition and enforcement of foreign arbitral awards. Scientific and Practical Commentary on the New York Convention of 1958. M., 2001. S. 124 - 128).

Can a foreign legal entity issue a power of attorney in Russian to represent its interests on the territory of the Russian Federation in administrative proceedings?

Answer

No, he can not.

The power of attorney is a private law document and, by itself, is not subject to apostille. However, if it is issued by a foreign person and is presented in a Russian litigation, the representative must prove that the person who signed the power of attorney on behalf of the organization had the proper authority, that the power of attorney contains the original signature of that person and the original seal of the organization. The specified organization is not a member of the Unified State Register of Legal Entities and, accordingly, the signature and position of the person on the document will not tell the court anything about the validity of the powers.

The letter below from the SAC discloses in detail the mechanisms for legalizing documents of a foreign company in order to represent their interests in court proceedings.

The rationale for this position is given below in the materials of Sistema Yurist .

Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation from

"25. Official documents confirming the status of a foreign legal entity must come from the competent authority of a foreign state, contain up-to-date information at the time of consideration of the dispute, must be properly legalized or apostilled, and must also be accompanied by a properly certified translation into Russian.

The foreign company applied to the arbitration court in the Russian Federation with a statement of claim against the Russian limited liability company in connection with the non-payment by the latter for the goods delivered to it under the contract.

In confirmation of its legal status, the foreign company submitted photocopies of the constituent documents certified by its seal, as well as an extract from the commercial register of the Republic of Panama two years ago, to which an apostille issued in Switzerland was attached.

The arbitration court did not accept the documents submitted by the plaintiff in confirmation of his legal status, drawing attention to the fact that official documents confirming the status of a foreign legal entity must come from the competent authority of a foreign state, contain up-to-date information at the time of consideration of the dispute, their authenticity must be proper certified by legalization or apostille, and they must be accompanied by a duly certified translation into Russian.

Since the documents confirming the legal status of the plaintiff were issued on the territory of the state party, concluded in The Hague in 1961 (hereinafter -), then these documents must be stamped with a special apostille to confirm their authenticity.

Meanwhile, the apostille attached to the extract from the commercial register of the Republic of Panama was issued in Switzerland and did not correspond to the document it certified. The arbitral tribunal found that the apostille was inappropriate not due to the fact that it was issued on the territory of a foreign state (which is not excluded if the state recognizes its consular offices located abroad as the body competent to affix the apostille), but due to the fact that it referred to a different official document, and not to the one that was presented in the case materials. In such a situation, the court concluded that the authenticity of the extract from the commercial register of Panama was not confirmed in the prescribed manner, and the documents submitted were not properly executed.

The court also noted that the degree of relevance of the information provided must be assessed taking into account the totality of the circumstances of the case. The court takes into account, in particular, the time required for the implementation of consular legalization or apostille affixing, delivery of documents from the territory of a foreign state to the territory of the Russian Federation, translation of documents and its certification.

The specified extract from the trade register two years ago did not meet the requirements of the relevance of the information contained in it about the legal entity at the time of the dispute, even taking into account the above circumstances.

In addition, the court drew attention to the fact that the documents submitted were not provided with a properly certified translation into Russian. Meanwhile, by virtue of the arbitration court proceedings are conducted in Russian.