October 15, 2011, 10:22 pm
BridgeWest
The rules of authorization of the power of attorney in Russia are stipulated in the Russian Civil Code. A power of attorney in Russia is defined as an authorization issued by one person for another individual so that the latter has the legal power to represent the donor in front of third parties. The acts that the attorney is empowered to perform must be mentioned in the power of attorney in Russia. The power of attorney in Russia is valid not only after the notarisation of the signature, but also after the attorney agrees voluntarily on his role. The representative must show the power of attorney in Russia to the third party in order to clearly state the boundaries of his power.
A power of attorney in Russia must meet all requirements in the Russian law for transactions. Only persons with legal authority may issue a power of attorney in Russia. For instance, physical persons between 14 and 18 years old or persons limited in dispositive capacity may issue a power of attorney in Russia only under the written consent of the legal representative.
A power of attorney in Russia must contain the name of both the donor and the attorney. The power can be given to one or several persons, who can represent the grantor separately or jointly. In terms of termination, a power of attorney in Russia can be cancelled any time and the representative may refuse the power of attorney in Russia at any time as well.
A general power of attorney in Russia offers the legal power to perform general transactions. On the other hand, a special power of attorney in Russia gives the representative the power to execute transactions in a specified area of interest. There is also a single power of attorney in Russia, which only allows the representative to act on behalf of the donor in one particular situation, such as signing a contract.
The representative cannot usually delegate another person to fulfill the responsibilities stipulated in a power of attorney in Russia. However, the exception applies if it is mentioned so in the power of attorney or if he is forced to do so in order to protect the donor’s interests. The delegation of authorization should be brought to attention to the person who firstly issued the power of attorney in Russia, too.
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