Power of attorney of an individual entrepreneur for the right to conclude contracts. Power of attorney from SP to an individual to represent interests

It is difficult to deal with commercial issues and business development on your own, so you will need the help of other people. To do this, you need a power of attorney from an individual entrepreneur to conduct business for an individual, a sample of which is available on specialized sites. Such a document will be useful in many cases, for example, to represent the interests of an entrepreneur in various government agencies.

Some situations require the personal presence of an entrepreneur, but a businessman cannot always combine business and documentary issues. Therefore, the legislation is allowed to attract other individuals to represent the interests of individual entrepreneurs on the basis of a notarized power of attorney.

A power of attorney will be required from an individual entrepreneur in the following cases:

1. Contacting the IFTS. These can be different issues ranging from registration of an individual entrepreneur to its liquidation. The document will be needed when making changes to the USRIP, for example, adding OKVED or changing the address of a businessman.
2. To interact with government agencies.
3. To work with a checking account. Based on a power of attorney, you can open or close an account, withdraw cash or make a money transfer.
4. To receive documents or material valuables by mail. Although for such purposes, a standard form certified by the business owner is sufficient.
5. To represent an entrepreneur in court. Such a document can be issued to a lawyer of an enterprise or an employee of a law firm.
6. For contacts with contractors. The document will allow you to conclude contracts and make additions to them on behalf of a businessman.

A power of attorney for an individual entrepreneur for the right to sign will come in handy when a businessman is employed, if he is not in the country or is ill.

The need for the services of a representative arises for various reasons, the businessman chooses one of the types of document that will correspond to the need.

Types of powers of attorney:

1. One-time. Not suitable for systematic use, most often it is written out for one operation, for example, receiving money or goods. You can apply for an employee in the absence of the main trustee.
2. Special. It is necessary for conducting activities in one of the areas of business. The document can be issued in the name of a lawyer representing the interests of individual entrepreneurs in the judicial authorities. Such a power of attorney is issued to an accountant or cashier for conducting banking operations, submitting documents to some organizations, a forwarder for purchasing, and so on.
3. General. Such a document gives a wide range of powers to the representative. Starting from starting a business, ending with the sale of property of an individual entrepreneur. The power of attorney is entered into a special database, where it is always available to check its authenticity. Such a document is certified by a notary.

A sample power of attorney from an individual entrepreneur to an individual to represent business interests has two forms:

1. Simple. It has no specific requirements, is drawn up in any form and is certified only by the owner of the business. To write out such a power of attorney for an individual entrepreneur, you can download a sample on the Internet and fill it out by hand or on a computer. It is issued for one-time transactions, but is not always suitable for interaction with government agencies. Certified by the signature and seal of the individual entrepreneur. In the absence of a seal, some actions will be illegal and such a document will be declared null and void.
2. Notarial. There is a list of operations established by law that cannot be carried out using a simple power of attorney, for example, representing an individual entrepreneur in court, therefore a notarized document is required. Such a power of attorney gives more authority and will allow you to fulfill orders related to the economic activities of the individual entrepreneur. In addition, such a document inspires confidence among the partners.

It is important to entrust the issues of your own business to a reliable and trusted person. It will be very difficult to challenge his actions on the basis of a power of attorney.

The document issued by the individual entrepreneur has the same form as in the case of an individual. The filling form does not matter, you can draw it up by hand or on a computer. If you need a power of attorney to represent the interests of an individual entrepreneur, then the sample can be downloaded on a specialized website.

The main thing is to fulfill the following design requirements:

• enter the last name, first name, patronymic, the entrepreneur's identification code, the number and date of the document confirming the entry into the USRIP;
• indicate the passport details of the representative: full name, TIN, registration address;
• list the powers that are given to the authorized person: registration issues, the right to represent interests in government agencies and to partners, work with funds and material values, etc.
• indicate the date and place of compilation. Without the date of signing, the document will be invalid.
• determine the validity period. Without this condition, the actions of the representative are illegal.

The power of attorney is certified by a businessman in the presence of a notary; the signature of a representative is not required. Printing is not a prerequisite for a legally certified document.

There are a number of actions that cannot be carried out by a representative of an individual entrepreneur without a document certified by a notary.

These include:

1. Registration issues: opening an individual entrepreneur, making changes to the unified register, liquidation of a business.
2. Interaction with regulatory authorities, for example, filing reports, resolving disputes on payments, obtaining certificates from the Federal Tax Service Inspectorate.
3. Opening a current account in a banking institution and managing cash flows.
4. Execution of a general power of attorney for transactions related to business.

To issue a power of attorney from an individual entrepreneur to an individual entrepreneur, contact a law firm. You do not need to fill out the form, the notary will prepare the necessary form on his own.

Stages of registration:

• a visit to a notary with all the necessary documents: passport of the individual entrepreneur and representative, a certificate confirming the registration of the business;
• the notary communicates information about both parties and the terms of reference of the trustee;
• the form is checked for errors and certified;
• the document number is entered by a notary in the register;
• the power of attorney is issued immediately after registration, there is no need to wait.

If necessary, you can request a notarized copy of the document.

Immediately after the registration procedure, the document comes into force and the representative can perform his duties.

Peculiarities

There are important aspects that an entrepreneur should not forget about. They will help you avoid conflicts and run your business safely.
What you need to pay attention to:

1. Responsibility for the actions of a representative on the basis of a power of attorney lies with the individual entrepreneur. Carefully approach the issue of choosing a trusted person, otherwise the consequences can be dire. If you are not completely sure about the reliability of the representative, limit his duties. In the event of illegal actions, the individual entrepreneur faces not only administrative, but also criminal liability.
2. The power of attorney is certified only by an entrepreneur and a notary, a representative is not entitled to make any entries in the document.
3. Keep a log of the issuance of powers of attorney, which will indicate the number, validity period and authority of the authorized person. This will allow you to control the performance of transactions.
4. This document certifies only individual entrepreneurs, other employees do not have such powers.
5. The term of the power of attorney is established by the entrepreneur, for the general one - no more than 3 years, after which a new document is drawn up. The individual entrepreneur has the right to cancel this document at any time by notifying the notary and its partners. Automatic termination of the legal force of a power of attorney occurs in the event of the liquidation of the individual entrepreneur or the death of a businessman.

With regard to errors in the power of attorney, the legislation established that the document will be invalid if it contains inaccurate passport data, namely the full name, gender, date and place of birth of the representative. Errors in other passport data are not grounds for declaring the transaction null and void.

A power of attorney is an opportunity to shift some responsibilities to a representative, but this does not exempt from liability, therefore, when issuing, weigh the pros and cons.

An individual entrepreneur can make a power of attorney for an individual. The document entitles the recipient of the power of attorney to represent the interests of the individual entrepreneur in various organizations. The boundaries of the powers of the trustee can be different: from conducting an insignificant one-time transaction to constantly presenting an individual entrepreneur when concluding contracts. The article will discuss the form of a power of attorney that an individual entrepreneur issues to an individual (below we will present a sample of a power of attorney from an individual entrepreneur to an individual). We will also talk about the need for notarization of powers of attorney from individual entrepreneurs, types of powers of attorney in terms of the volume and nature of the powers of the trustee.

Execution of a power of attorney from an individual entrepreneur to an individual

According to the current legislation of the Russian Federation, an individual entrepreneur should be considered an individual engaged in business. Based on this, the form of powers of attorney for individual entrepreneurs is identical to powers of attorney for other individuals.

Most powers of attorney are in simple written form and must include the following information:

• Full name of the principal.
• Full name of the authorized person.
• An exact indication of the actions entrusted to the proxy to be performed on behalf of the individual entrepreneur.
• The term of the power of attorney.
• An example of a principal's signature.
• (if any).

Most of the powers of attorney are drawn up in simple written form.

To make it easier to draw up a power of attorney, you can download a pre-prepared form by filling in the fields and specifying a series of actions for the power of attorney. This example of a power of attorney to represent the interests of individual entrepreneurs in the tax authorities will also help you write a power of attorney for an individual.

Types of powers of attorney

There are several types of powers of attorney for different purposes and durations. IP powers of attorney are conventionally divided into 3 types:

1. One-time power of attorney. Gives the trustee the right to perform a one-time action and is invalid at the end. An example is a power of attorney for an employee to receive goods.
2. Special power of attorney. A special power of attorney empowers the representative to perform similar actions over a certain period of time.
3. General power of attorney. A sample can be viewed. It gives the recipient of the power of attorney the right to conduct business and dispose of the property of the individual entrepreneur. The maximum period of validity of a general power of attorney is 3 years.

There are several types of powers of attorney for different purposes and durations.

Purposes of drawing up a power of attorney

A power of attorney from an individual entrepreneur to an individual can be drawn up for the following purposes:

• and SP.
• Submission to the tax and statistical authorities.
• Protecting the interests of individual entrepreneurs through the courts.
• Conclusion of contracts.
• Receiving goods and materials and funds (including mail).

Notarization of power of attorney

In most cases, powers of attorney from individual entrepreneurs are valid without notarization. The validity of the power of attorney is confirmed by your signature and the IP stamp, if any. However, to represent an individual entrepreneur in some organizations or on particularly important issues, a power of attorney certified by a notary is required (or desirable).

Notarization of a power of attorney is mandatory in cases where a representative needs to carry out a transaction requiring the presence of a notary or actions that are subject to state registration.

The transfer of their functions to another person is a common thing in business practice. If the manager goes on a business trip or on vacation, his powers must be fulfilled by other employees. And in some cases, a personal lawyer will cope with some of the tasks of an entrepreneur better than himself. The main thing is to draw up a document correctly and keep in mind that giving another person certain powers is always a risk.

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 without fail. A sample document and the procedure for its execution are described in the article.

According to the 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 his own office with his 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 his representative. Depending on this, there are 3 types of documents - a power of attorney can be general, special and one-time.

As a rule, the following are listed as specific types of actions / powers, the implementation 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;
• 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:

1. Full name of the individual entrepreneur.
2. IP address, his certificate, TIN data, bank account details.
3. Date and place of drawing up the power of attorney.
4. Name and number of the document (if necessary).
5. Name and passport data of two parties - the entrepreneur and his representative, who must be an adult, capable citizen of the Russian Federation.
6. 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.
7. The document should indicate its validity period - otherwise it will be considered that the power of attorney is valid for 1 year.
8. 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.
9. 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

As a 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 period for some reason is not specified, 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 the termination of the specified period. In this case, one should be guided by the following rules:

1. If an expiration date is specified, the document will expire on that day until midnight local time.
2. If a period is specified (for example, 2 years), the paper expires the next day also at midnight.
3. If an event is indicated as the end (for example, the transfer of documents to the tax office) - 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 at your own request. And in some cases this must be done without fail:

1. 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.
2. If the representative will take actions that must undergo mandatory state registration. For example, any real estate transactions, registration of an individual entrepreneur or termination of his activities in this status, etc.
3. If a general power of attorney is drawn up, certification is mandatory when all powers are delegated.
4. If such a requirement is made by the organization itself, a partner or a client. For example, tax authorities often require a notary's signature on a document.
5. You may also need a power of attorney to open a bank account, to manage the funds stored on it. In this case, the bank representative himself can assure her in the presence of the individual entrepreneur and his representative.

It is important to understand that if the 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 partners and potential clients will not have any special doubts about the authenticity of the document.

Hello! In this article we will tell you in what cases an individual entrepreneur will need a power of attorney.

Today you will learn:

1. What transactions require a power of attorney from the individual entrepreneur;
2. In what forms can a power of attorney be drawn up;
3. When the participation of a notary is mandatory when drawing up a document.

What is a power of attorney

You must be prepared for the fact that you need the help of other people. And here we are talking not only about employees. They carry out their activities according to. But sometimes they can be involved in other work that is not related to their direct responsibilities.

For example, you are in another country, and a buyer in the city where the business operates has decided to transfer money for a previously shipped product. Personally, you will not be able to receive funds, and therefore for these purposes it is necessary to have a reliable person.

Word of mouth is not enough for the buyer to be sure that the representative you sent came from you. For these purposes, there is a document called a power of attorney.

Power of attorney - this is a special paper, the existence of which is enshrined at the legislative level. With its help, you can delegate part of your own rights to another person. And he will already represent your interests to the other side. The document is drawn up in writing.

A power of attorney to represent interests may be required in some cases:

• If you are absent from work (sick leave, vacation, business trip, family celebrations, etc.);
• If you do not have time to cope with the volume of work (to save time, it is better to get an assistant).

Sample power of attorney from an individual entrepreneur to an individual

Download the power of attorney form to fill out.

When you can trust an assistant

Let's determine whether an individual entrepreneur needs a power of attorney. The document may be needed in a variety of circumstances. There are cases of its use, established by law, and those that are directly related to the intricacies of the work of your enterprise.

The main cases of using a power of attorney:

• To represent an individual entrepreneur in the tax(for registration, liquidation, filing a declaration, obtaining certificates, consultations and other things. For example, a power of attorney will not allow without your participation);
• To manage bank accounts (banks have developed forms of powers of attorney, in which you only need to enter information about the individual entrepreneur and the representative. The document allows you to withdraw money, make transfers, open or close accounts);
• Upon receipt of postal items;
• To contact local authorities;
• Receipt of goods and other valuables (such a power of attorney has a unified form of recommendation, that is, it is optional for use);
• To represent an individual entrepreneur in court (this can be done on a regular basis by a full-time lawyer);
• Implementation of transactions with partners (receiving money, drawing up and signing contracts);
• , or other things.

As you can see, the list of operations is quite impressive. Therefore, the question of the uselessness of a power of attorney in the activities of an individual entrepreneur disappears.

Types of powers of attorney

There are three main types of document:

• One-time- compiled for the implementation of one operation. It can only be used once. After the purpose of drawing up the power of attorney is achieved, the document will be invalid. For example, you sent an employee to a customer to receive an advance payment from him. Such a power of attorney is common among small transactions. It can also be issued to any employee if your main assistant cannot cope with the order at the moment;
• Special- power of attorney, which is aimed at carrying out activities in any one area. Let's say you want a lawyer in your firm to always represent you in court. The special ones include the type of bank power of attorney, a document for representation in the tax authorities. You can issue a power of attorney to the company's accountant so that he receives money for you all the time. If the company has a freight forwarder, he is also capable of purchasing on your behalf);
• General power of attorney Is the most important power of attorney. It must be registered with a notary. Its reliability is always easy to check through a special registry. The document is entered into the official database and it is almost impossible to forge it. A power of attorney is required if you are giving broad powers to another person. For example, you sell a building, a car through a representative, or give the right to drive (power of attorney to run an individual entrepreneur).

What other power of attorney can be.

Powers of attorney are divided not only by the scope, but also by the form of drawing up.

In this regard, it is of two types:

• Simple- is compiled by the individual entrepreneur. It does not have any strict sample to fill out. Compiled in free form. Such a document has limited validity. Not all authorities, business partners accept such a power of attorney. Most often it is one-off. Certifies the power of attorney of the individual entrepreneur with his signature;
• Notarial- such a power of attorney is more reliable than the first option. It inspires the confidence of others, and in some cases its use is stipulated by the framework of the law. In other words, when performing a certain list of operations, you cannot neglect the drawing up of a notarial power of attorney. For example, an individual entrepreneur can only be closed by a notarized power of attorney.

Why contact a notary

In some cases, the law regulates the relationship between the parties by means of a notarized power of attorney.

This document is required for:

• Contacting the tax office (opening and closing a business);
• Drawing up and further actions related to it;
• Signing a mortgage agreement;
• Transfer of rights to dispose of property and some others.

This means that if your representative shows up without a power of attorney at the tax office, he will be denied registration. This is a legal basis. In all state bodies, an appeal through a representative must take place in the presence of a notarized power of attorney.

Such a document is drawn up on a special generally accepted form with an arbitrary listing of the rights transferred to a third party. The power of attorney is drawn up for a fee established by legislative acts.

Dates of validity

Any power of attorney must indicate the date it was drawn up. Otherwise, the document is considered invalid, and the rights transferred through it are null and void. If the other party to the transaction did not notice the absence of the date on the power of attorney and, on the basis of the latter, drew up a contract, it is also invalid.

The power of attorney can have a validity period specified by you. For example, you can delegate authority to another person for two weeks or 1.5 years. This period must be specified in the power of attorney. If the term is not indicated in the document, then the power of attorney is valid for a year.

Previously, a document could have a maximum term of 3 years. It has not been installed today. Such a power of attorney is considered indefinite. The date of its end will be considered the day on which you yourself revoke the document. A similar power of attorney is often used for representatives located in other countries.

If you decide to terminate the power of attorney, you can close it on the same day. This is done through a notary in the case of a notarized power of attorney and independently in a simple form.

What is indicated in the power of attorney

As such, there is no generally accepted unified form for filling out a power of attorney. But there are details, the inclusion of which is mandatory.

The document must contain:

• Document number (usually indicated with a notarized power of attorney. If you draw up a simple form, then you can also fix its numbering and indicate in the internal reporting of the individual entrepreneur);
• Date of compilation (mandatory requisite, without which the document will not be accepted by a third party);
• Information about the principal (about the individual entrepreneur transferring powers. The registration number is also indicated);
• For whom the form was issued (indicate the name of the state body, the name of the company or the full name of the person);
• For whom the document was issued (his passport data);
• Validity period (if necessary);
• Place of registration (settlement);
• The rights that the representative is endowed with (specific actions. Phrases must clearly describe each authority. Their meaning cannot be understood in two ways);
• Signature of the originator;
• (of necessity).

Some subtleties associated with a power of attorney

There are several important points that every individual entrepreneur should know. They will avoid many difficulties and misunderstandings on the part of third parties and representatives.

Let's find out if an individual entrepreneur can issue a power of attorney to employees. It is generally accepted that a document certified by the employer belongs to a special power of attorney. It may be needed, for example, when an employee receives mail in his own name. That is, your employee wants to give a power of attorney to another person to carry out some personal affairs.

In this case, you, as an individual entrepreneur, do not have the right to certify such a power of attorney. It will be considered invalid. None of the employees working for the individual entrepreneur can certify the document with the signature of the individual entrepreneur, since the owner of the enterprise here is an individual. Such forms can only be certified on behalf of the manager.

Perhaps someday one of your relatives will need to issue a power of attorney for you. This is not forbidden. Drawing up a power of attorney with your participation may be necessary for the specifics of the enterprise. If your individual entrepreneur provides intermediary services, then a power of attorney in your name will often be issued.

To draw up a simple form of power of attorney for an individual, often only your signature is required. But there are cases in which printing is necessary. If your company does not have one, then you will have to contact a notary to draw up a power of attorney. Sometimes deal partners may not trust unprinted forms, and therefore, if possible, order this requisite.

For each power of attorney, some powers are transferred to another person. But you must understand that all responsibility for the consequences of the transaction falls on your shoulders. If the representative made some gross mistake or violated the rights of a third party, then you will have to answer in court.

By the way, the term may be assigned to you, and the representative will be unpunished. Therefore, always choose competent and reliable assistants. Be clear about the authority and do not write anything superfluous. Any recording can lead to abuse of your own rights.

The power of attorney implies only the signature of the principal. There should not be any notes on the part of the representative.

Be sure to keep a log of the issuance of intangible assets. Indicate the number of the issued form, its validity period, the details of the accountable person and the name of the third party. So you can control the process of issuing powers of attorney and revoke them in time.

How is the power of attorney drawn up

The process of drawing up a simple document form consists of several stages:

• You understand that you will not be able to carry out any actions on behalf of the individual entrepreneur in the near future and are looking for a trusted person;
• It is necessary to collect information about the third party and take the passport of the representative;
• Fill in the details of the parties to the transaction;
• Indicate the list of actions that can be carried out by a proxy from an individual entrepreneur;
• Enter all the required details;
• Personalize and secure with a seal (the latter is optional).

If a notarial form is drawn up, for example, to open an individual entrepreneur by proxy, then the steps will be as follows:

• Together with a representative, go to any notary company (you must have documents for an individual entrepreneur and a passport of the authorized person with you);
• The notary will enter in the form all information about the parties;
• Further, from your words, powers are introduced;
• After entering all the data, you check the form for errors;
• Submit the documents to the notary for signature, forms for affixing the seal (you can also draw up several powers of attorney)
• The notary enters the power of attorney number in a special register;
• The form is immediately given to you in your hands (you can also ask for a certified copy of the power of attorney).

The document comes into force immediately after its certification. From this point on, your representative can perform some operations on behalf of the SP.

Power of attorneyfrom individual entrepreneursissued in cases where the representative of an individual entrepreneur will represent the interests of an individual entrepreneur in state or other organizations. Powers of attorney from individual entrepreneurs are a special topic for consideration, since it is not entirely clear what type they belong to - powers of attorney from individuals or legal entities. The intricacies of issuing such papers will be discussed below.

TO What form is provided forin confidencesteyfrom individual entrepreneurs. Sample power of attorney from an individual entrepreneur to an individual

In accordance with the current legislation, an individual entrepreneur is considered an individual engaged in entrepreneurial activity - therefore, the form of powers of attorney from an individual entrepreneur will be exactly the same as that issued by individuals. Most of these powers of attorney (with the exception of those for which the law expressly provides otherwise) is drawn up in simple writing. A sample power of attorney can be found in the Forms section in front of the article.

If a power of attorney is drawn up to represent the interests of an individual entrepreneur in a bank (or other credit institutions) or a post office, it can be either sent directly to the organization or given for presentation to a trusted person. At the same time, the bank (or other organization) retains the right to verify the identity of the individual entrepreneur.

It should be noted that an individual entrepreneur cannot certify the powers of attorney of his employees, since, in accordance with article 185.1 of the Civil Code of the Russian Federation, this right is granted only to organizations.

When issuing powers of attorney on his own behalf, an individual entrepreneur certifies it only with his personal signature, if there is a seal, he can also use a seal (although from a legal point of view this is not essential). If an entrepreneur, simultaneously with the implementation of entrepreneurial activity, is officially employed or is studying at an educational institution, then a power of attorney from an individual entrepreneur to receive funds on his behalf (scholarships, wages, benefits, etc.) can be certified at the place of his work or study. ...

Notarized power of attorney from individual entrepreneurs: cases of drawing up

With simple powers of attorney (written and certified independently), everything is relatively clear, but when is it generally necessary to notarize a power of attorney from an individual entrepreneur?

All cases when it is necessary to draw up powers of attorney in notarial form are indicated in part 1 of article 185.1 of the Civil Code of the Russian Federation, and powers of attorney from individual entrepreneurs are no exception.

In accordance with this article of the law, notarized powers of attorney from individual entrepreneurs are required in cases where:

• transactions that will be made by power of attorney from an individual entrepreneur require notarization, that is, they are made in the presence of a notary and are certified by him. Such transactions, in accordance with the law, include an annuity or lifelong maintenance agreement with a dependent, a mortgage agreement, an agreement on the assignment of the right of claim for notarized transactions, etc.;
• the actions performed are subject to state registration or are related to the disposal of property or rights, information about which is entered in state registers. Such transactions include any transactions related to the disposal of real estate, registration of an individual entrepreneur, termination of his activities, and so on.

It should be noted that if there is a need for a power of attorney from an individual entrepreneur, certified by a notary, then you do not need to draw up a form yourself. The notary will clarify with you the purpose of issuing the power of attorney and will independently enter the data on the authorized person and the order in the form he has. A notarial power of attorney is printed on a special form with an assigned individual number, which is recorded in the register of issued powers of attorney. On the form of a notarized power of attorney from the individual entrepreneur, information on the amount that was charged for the execution of this document will also be indicated.

The structure of a notarial power of attorney from an individual entrepreneur is not much different from the usual one. So, it must necessarily include the name of the document, the date of drawing up the power of attorney, full information about the principal and the authorized person, as well as a description of his powers, including the rights of the representative, which do not directly follow from the order, but may be required by the authorized person when executing it. For example, if you instruct to register a building, then the power of attorney should provide not only the right to submit documents to the authorized bodies, but also the right to receive certificates, extracts and other documents from other organizations, if these documents are required to carry out the main order.

Memo for individual entrepreneurs

The document (power of attorney) may indicate the specific period of its validity and the right (or lack thereof) of the authorized person to delegate the power of attorney to other persons. If there is no direct validity period in the power of attorney from the individual entrepreneur, then it is equal to 1 calendar year. If the power of attorney allows the right to delegate it, then it implies the possibility for the authorized person to delegate the fulfillment of the duties assigned to him to another person (persons).

If we are talking about the requirements for notarization of transactions, then a power of attorney issued by way of transfer, in accordance with part 3 of Article 187 of the Civil Code of the Russian Federation, must be certified by a notary. At the same time, the legislator establishes a mandatory notarial form of such powers of attorney - regardless of the form in which the main power of attorney was given.

In the power of attorney, it is necessary to indicate the date of its preparation. Otherwise, it will have no legal force, that is, it will not operate.

It should be said separately about powers of attorney from individual entrepreneurs, made in notarial form, which will be used outside the Russian Federation. If such a power of attorney does not set its validity period, it is considered valid until it is canceled by the principal. At the same time, the cancellation of a power of attorney involves notifying not only the authorized person, but also all third parties known to the principal who have entered into legal relations with him through a representative. In view of the fact that the notification of foreign counterparties can be difficult, it is better to stipulate the term in the power of attorney in advance. We emphasize that this rule applies only to notarized powers of attorney - and only to those of them that are used abroad (in accordance with Part 2 of Article 186 of the Civil Code of the Russian Federation).

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