Legal encyclopedia. Letter D

POWER OF ATTORNEY

- a special document that is a written authorization issued by one person to another person for representation before a third party.

D. should be properly documented in a simple written form and contain a description of the representative's authority.

When making transactions that require the law compliance with the notarial form, D. must be notarized.

To the notarized

Are equal to:

1) D. military personnel in cure, in hospitals and other medical institutions, certified by the chiefs, their deputies in the medical unit, senior and on-call doctors of the medical institution;

2) military servicemen who are in the locations of military units, formations, institutions and military schools where there are no notary's offices certified by the commanders of these units,

Institutions, institutions;

3) D. persons who are in places of deprivation of liberty, certified by the chief of the place of deprivation of liberty;

4) AD adult full-time citizens who are in institutions of social protection of the population, certified by the administration of these institutions or the head (deputy) of the relevant body of social protection;

5) D. to receive wages, to receive remuneration of authors and inventors, pensions, allowances, scholarships, deposits of citizens in banks, etc., certified in the relevant organization (place of work, study, etc.).

The period of validity of AD may not exceed 3 years. If the period in the power of attorney is not specified, it shall be valid for 1 year from the date it was committed. D., in which the date of its commission is not indicated, is void.

Types D .:

1) general (general) - determines the authority to perform a variety of transactions and other legal actions related to the activities of the represented;

2) special - designed for

The commission of an unlimited number of transactions or other legal actions, but in a certain field of activity, for the performance of homogeneous actions;

3) one-time - is given for the performance of one particular transaction or other legal action.

The person to whom D. has been issued must personally execute the transactions, however, in the presence of certain conditions, a transfer is permissible. This is possible when the transfer is expressly indicated in the power of attorney or the representative is forced to do so by virtue of circumstances, guided by the interests of the principal. A representative who transferred his authority to another person must notify the trustee of the transfer.

D. ceases to operate if:

1) the period has expired;

2) it was canceled by the person who issued the power of attorney;

3) the representative refused the right presented to him;

4) in case of death, incapacitation, incapacitated, missing representative or representative, and if it is a legal entity, in case of liquidation.

Upon termination of the act of D., the representative or his successor shall return it to the represented or his successors.