Can a foreign legal entity issue a power of attorney in Russian. Power of attorney to receive mail from a legal entity Power of attorney to the migration service from a legal entity

Power of attorney to represent interests in the FMS on the issue of obtaining a work permit for foreign citizens (sample filling)

FMS of Moscow

Power of attorney

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Power of attorney to the FMS

A selection of the most important documents upon request. Power of attorney to the FMS (regulations, forms, articles, expert advice and much more).

Articles, comments, answers to questions. Power of attorney to the FMS

Situation: How to discharge a tenant from an apartment without his consent?

("Electronic magazine" Azbuka Prava ", 2015)

The document is available: in the commercial version ConsultantPlus

Forms of documents. Power of attorney to the FMS

Form: Power of attorney to represent interests in the FMS on the issue of obtaining a work permit for foreign citizens (sample filling)

Power of attorney for submission of documents

Power of attorney for submission of documents - a document issued by one person to another in order to act as a representative before a third. According to the Russian legislation, a power of attorney can be drawn up in a simple written form or certified by a notary. Power of attorney to perform actions that require notarization. must be notarized. A power of attorney to perform actions that do not require notarization is legally binding even without notarization.

Sample power of attorney for submission of documents

This power of attorney is drawn up on the official letterhead of the company. Has a simple form drawn up in writing. The power of attorney for the delivery of documents is certified with a seal. This type of power of attorney is sometimes necessary, for example, when submitting documents to the Pension Fund, Insurance Fund, tax service, notary office and other organizations / institutions.

The power of attorney must indicate the term in which the document will remain valid. The power of attorney is sealed with the signatures of the trustee and the head of the organization where he is listed.

The person for whom the power of attorney is issued gets the right to collect, fill out documents, and take any actions necessary to perform the required action.

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Power of attorney to represent interests in the FMS on the issue of obtaining a work permit for foreign citizens (sample filling) ("Personnel officer. Personnel record keeping", 2010, n 3)

The form has been prepared using legal acts as of 11.02.2010.

I, the general director of KVON LLC, Andrei Vladimirovich Golovenkov, with this power of attorney authorize Elena Nikolaevna Rubleva (passport 4609 N 292355 of the Department of Internal Affairs of Moscow 03.12.2004) to be my representative in the Moscow Federal Migration Service on the issue of obtaining a permit for foreign citizens in the amount of 5 people for the list below and obtaining ready-made permits, as well as submit notifications and medical documents for them.

¦ 3 ¦Akramjon Berdikulov ¦ 08/07/1989 ¦A N 3325686 ¦Kyrgyzstan ¦

¦ ¦Imomalievich ¦ ¦ ¦ ¦

¦ 4 ¦Nurmatov Menikul Khovilovich ¦ 07/02/1966 ¦T N 463640 ¦Tajikistan¦

Forms, forms, applications

Submit a request on my behalf to the department of the federal registration service for the Murmansk region to obtain information about the rights of an individual to his real estate objects: _r. A new law N 357-FZ has been published in the legislation section, there are a lot of changes for 2015, be careful, a new procedure for obtaining patents has been established. And also get the requested information. _ passport of a citizen of the Russian Federation: _ issued _ by the department of the UFMS of Russia for _ region. And also to receive the requested information - to submit a request on my behalf to the state unitary enterprise of technical inventory of the Murmansk region to receive information about the absence of apartment ownership and private household ownership in Murmansk and the Murmansk region for a citizen: _r. _ passport of a citizen of the Russian Federation: _ issued _ by the department of the UFMS of Russia for _ region. In the _ administrative district _ subdivision code _ address: _ region, _ _ bldg. To do this, I grant the right to submit and sign the documents necessary for the implementation of the specified power of attorney. In the _ administrative district _ subdivision code _ address: v region, _ _ bldg. The procedure for the submission by foreign citizens of the notification of the annual confirmation of their residence in the Russian Federation. The power of attorney was read aloud and signed in my presence.

The power of attorney, as a legal instrument, has long and firmly entered the life of a modern person. There are practically no citizens who do not know what a power of attorney is. However, not all citizens know what requirements apply to powers of attorney abroad, how they should be drawn up and where they should apply.

The legislation of a number of states is characterized by the requirement to notarize a power of attorney in almost all cases, and, in particular, when it concerns real estate.

Despite the diversity of national laws governing the content and form of powers of attorney, there is a significant similarity of regulatory regulation in different countries of the European continent when preparing powers of attorney. The general principle is to use the most clear and precise wording to avoid any misunderstanding or misconceptions in the future use of the document.

Currently, there are unified texts of various types of powers of attorney in more than 20 languages \u200b\u200bof the world. We are talking about a general power of attorney, including for the conduct of cases in court; a special power of attorney for conducting business in court and a power of attorney for the purchase and sale of real estate.

Most often, in relation to powers of attorney issued abroad, the question arises about their compliance with the requirements of the notarial form established by paragraph 2 of Art. 185 of the Civil Code of the Russian Federation, requiring notarization of powers of attorney for transactions in notarial form.

The minimum requirements that any power of attorney must meet abroad are: identification of the subjects of the power of attorney; identification of the notary; assessment by the notary of the legal capacity of the principal, as well as the sufficiency of his powers; confirmation of identity verification of the person who signed the power of attorney; confirmation of the signing of the power of attorney in the presence of a notary; the date of the power of attorney; signing of the power of attorney by the principal; presence of a notary's signature and affixing a seal.

If the notarized form of power of attorney is mandatory under Russian law, then such a power of attorney must be certified by a competent notary or a Russian consul in a foreign state. The notarial powers of officials of consular institutions of the Russian Federation abroad are exercised in accordance with international agreements between Russia and foreign states and the "Fundamentals of the legislation of the Russian Federation on notaries".

Officials of consular posts, within the limits of their competence, perform notarial acts in the event that the relevant acts are intended for action on Russian territory, and only upon the personal appeal of the interested person. When performing consular procedures and notarizing documents, the consul establishes the identity and legal capacity of individuals, as well as the legal capacity of legal entities on the basis of the submitted documents. The identity of a citizen of the Russian Federation is established by the consul on the basis of a valid foreign passport of a citizen of the Russian Federation, and for minors - the passport of one of the parents in which they are entered.

The legal capacity of a legal entity (institution, enterprise, organization) is established on the basis of its constituent and registration documents (charter, constituent agreement, for non-profit organizations - general provision).

The consul also verifies the credentials of a representative of a legal entity on an official identity card with a photograph, as well as certified extracts from the protocols on the appointment of officials authorized to sign a document on behalf of this legal entity; a power of attorney authorizing the performance of the relevant legal action.

The advantages of notarization of powers of attorney by Russian consuls are obvious. Possessing the power of a notarial deed, a document drawn up by a Russian consul abroad guarantees the parties a solid legal security of their relationship, has a special evidentiary, and in some cases, executive force, and is considered as committed in Russia.

You need to know that the general rules of notarial proceedings abroad, corresponding to the norms of Russian law, exist only in the countries of the Latin notary, which unites more than 50 countries of Western Europe (except Great Britain), Latin America, etc. In the same cases when the interested person is located in one of the countries of the Anglo-Saxon legal system (Great Britain, Ireland, USA, Australia, etc.), the power of attorney can be made in the local form. In this case, a mandatory requirement is the participation of a lawyer. Then this power of attorney must be legalized by affixing an apostille - a stamp for sending documents to countries that have joined the Hague Convention of October 5, 1961.

When using powers of attorney certified by a local "public notary" in the United States in Russian notarial proceedings, special care should be taken as the very status of a "public notary" in the United States has nothing to do with the status of a Latin notary. Therefore, only participation in the execution of a power of attorney of a real lawyer, a lawyer, will meet the requirements of the qualified form necessary for its operation in Russia. In other words, for a power of attorney drawn up in the United States to be recognized in Russia, it must be drawn up in the presence and with the help of a lawyer, then certified by a “public notary” and legalized with an apostille affixed.

Thus, special requirements are imposed on powers of attorney for acting abroad and powers of attorney drawn up abroad. Correct execution of powers of attorney will allow the client to avoid a new round of its registration, and the attorney will avoid problems when using it, save time and save nerves.

People who come to the Russian Federation for the sake of work find it difficult to make a permit for it themselves, and some firms or individual entrepreneurs are ready to meet them halfway. But directors who are representatives of the organization under the charter do not always have the opportunity to deal with such problems.

It is in these cases that individual workers are selected, powers of attorney are written in their names, and it is they who in the future will have to register migrants in the appropriate state structures.

Document form

1. On the very first line in the middle - the word "Power of Attorney".
2. Date of issue of the document, written in words.
3. Information about the person who issued the document.
4. A detailed and specific list of rights that are transferred to an attorney.
5. Information about whether it is possible to authorize a third party.
6. The expiration date of the powers of the authorized person (without it, the agreement is considered null and void).
7. Information about everyone.
8. Signature and transcript.

• Information about the person delegating authority - full name, passport data, details of the document on the creation of the IP.
• Attorney's details - full name, official registration address and identity card details.

Where can I get the form?

Due to the fact that there is no model for a power of attorney, every person who writes such paper is free to choose which standard to be guided by.

How do I write it?

To represent the interests of the organization

The most significant parts of such a power of attorney are defined in Part 4 of Art. 185.1 of the Civil Code of the Russian Federation, and large companies often use letterheads with their own corporate design for registration.

The legal entity acting as the trustee has the right to indicate in the agreement whether it allows the attorney's right to transfer his rights to someone else. If such permission is given and the person used it, then his direct responsibility is to promptly notify the company of such an act.

An example of writing a power of attorney:

Power of attorney to represent the interests of the organization.

April nineteenth, two thousand and fourteen.

Moscow city.

LLC "Kitchen", OGRN 754015219131005, INN 6634336000462, KPP 771306540643631, located at the address: Tverskaya Street, Building 51, Room No. 3, represented by General Director Novikov Valentin Grigorievich, acting on the basis of the Labor Charter.

Authorizes citizen Sergei Fedorovich Ovechkin, born on February 24, 1974, passport: series 4156, number 782170, issued by the department 741-652 of the Moscow district on 06.12. 2013.
To represent the interests of LLC "Kitchen": to pick up, receive, fill out documents with the FMS, and also certify them.

The power of attorney is issued for 1 year, valid until April 19, two thousand and fifteen inclusive.

No substitution rights to third parties.

General Director of LLC "Kitchen" Novikov Valentin Grigorievich.
Novikov.

To submit a notice when applying for a job

It also specifies as standard:

An example of competently filling out the paragraph on delegation of authority:

On behalf of the organization, deal with issues related to the delivery of notifications when applying for a job at the Office of the Federal Migration Service. Ovechkin S.F. has the right to provide, certify and collect the documents necessary for this procedure.

Migration registration

The structure here is similar to that given in the previous paragraph.This type of power of attorney is recommended to be notarized.

It is better not to allow vague wording in the registration permit - you need to clearly prescribe which actions in this process the authorized person is able to carry out.

An example of a block on the transfer of powers:

Authorizes citizen Sergei Fedorovich Ovechkin.

On behalf of the organization, deal with issues related to the migration registration of the company's employees. Ovechkin S.F. has the right to pick up, provide, certify any types of documents necessary to complete the process of registration with migration registration, as well as perform other actions within the framework of this procedure.

How long is the contract valid?

Those considered do not differ from the standard for this document. And according to clause 1 of article 186 of the Civil Code of the Russian Federation the item on the period of relevance is not necessary to fill in at all.

Article 186 of the Civil Code of the Russian Federation. Power of attorney term

• If the term of its validity is not specified in the power of attorney, it remains in force for a year from the date of its execution.

  A power of attorney that does not indicate the date of its execution is void.

• A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of the duration of its validity, remains valid until it is canceled by the person who issued the power of attorney.

In this case, the attorney will have the prescribed rights for one year.

The maximum period that can be specified is 36 months.

Conclusion

Powers of attorney for any actions of the organization's employees in the FMS - specific or simply protecting the interests of the company - are very similar to each other and are not very difficult to write. This makes them an effective way to relieve the leaders of the organization by shifting some of their concerns onto the shoulders of freer workers.

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.

In our country, in order to transfer the right to carry out any actions for yourself to another person, you need to draw up a special document called a power of attorney.

Powers of attorney are used everywhere, since this is the only way to sign, receive or hand over documents for another person.

Do I need a power of attorney to the FMS from a legal entity

This is especially true for legal entities, since in the course of the activity of any organization it is necessary to often contact not only government agencies, but also other companies, including trade companies, on household issues.

And, given that the representative of the organization is the appointed manager, then only he has the right to carry out actions on behalf of the company, as stated in the order on his appointment.

Due to the impossibility of the head to spend his time on all issues where his signature is needed, in the organization, in addition, other people who have the right to sign can be appointed by order. As a rule, this is a limited circle of people holding the most important positions, for example, the chief accountant. But this also does not solve the problem when it is necessary to carry out household transactions.

In such cases, a power of attorney comes to the rescue, which will give the right to an employee of the company to carry out any legal actions on its behalf. It is important to know that in cases where a power of attorney requires notarization from individuals, there is no need for legal entities. In this case, the power of attorney is certified by the seal and signature of the head (sometimes the chief accountant), and this is enough for it to have its legal force.

Rules for drawing up a power of attorney from a legal entity for the provision of its interests in state bodies

Drawing up a power of attorney is not a difficult process, since the state does not make any special claims to its design, except for the standard ones: literacy, absence of errors and corrections. The form, although arbitrary, but in any company there are already established samples of such documents, which are filled out if necessary.

At the same time, it is important that the power of attorney has all the necessary data:

• date of its creation;
• power of attorney number (ordinal number from the beginning of the year, as a rule);
• information about the principal: company name, full name of the manager, his position, passport data;
• an indication: on what basis he has such authority (usually on the basis of the Articles of Association);
• data of the authorized person: full name, passport data;
• list of powers that are transferred;
• validity period of the power of attorney (maximum - three years);
• a sample of the signature of the trustee, which the trustee certifies;
• signatures of authorized persons of the company (head and, if necessary, chief accountant).