Sample power of attorney to represent the interests of an individual entrepreneur. Power of attorney from individual entrepreneur

An individual entrepreneur can make a power of attorney for individual. The document gives the recipient of the power of attorney the right to represent the interests of the individual entrepreneur in various organizations. The boundaries of the powers of a trustee can be different: from conducting a minor one-time transaction to permanently representing an individual entrepreneur when concluding contracts. The article will discuss the form of power of attorney that an individual entrepreneur issues to an individual (below we present a sample 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 according to the scope and nature of the powers of the authorized person.

Registration 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 authorized person to perform on behalf of the individual entrepreneur.
• Duration of the power of attorney.
• An example of a principal's signature.
• (if there is one).

Most powers of attorney are made in simple written form.

To simplify the preparation of a power of attorney, you can download a pre-prepared form by filling out the fields and indicating a number of actions under the power of attorney. This example of a power of attorney to represent the interests of an individual entrepreneur 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 different 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 upon termination. An example would be a power of attorney for an employee to receive goods.
2. Special power of attorney. A special power of attorney gives the representative the authority to perform similar actions over a certain period of time.
3. General power of attorney. You can see a sample. It gives the recipient of the power of attorney the right to conduct business and dispose of the property of the individual entrepreneur. Maximum validity period general power of attorney– 3 years.

There are several types of powers of attorney for different purposes and different 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 IP.
• Submission to tax and statistical authorities.
• Protecting the interests of individual entrepreneurs through the court.
• Conclusion of contracts.
• Receipt of goods and materials and cash(including mail).

Notarization of power of attorney

In most cases, powers of attorney from an individual entrepreneur are valid without notarization. The validity of the power of attorney is confirmed by your signature and seal of the individual entrepreneur, 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 the representative needs to carry out a transaction that requires the presence of a notary or an action that is subject to state registration.

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

The person who deals entrepreneurial activity, does a lot of things during the working day. An individual entrepreneur (hereinafter referred to as an individual entrepreneur) strives for his business to develop, grow and bring tangible benefits. Negotiate with suppliers, find clients, ensure that the purchased goods reach their destination unharmed, resolve conflict situations... In addition, record keeping, preparation of endless documents that require special knowledge, simply “eat up” a considerable amount of time. Sometimes it’s difficult to cope on your own, but there is still a way out. Some part of the work can be transferred to a trusted person by issuing a power of attorney from the individual entrepreneur. This document is diverse in its structure and nature. Let’s find out what types of documents exist and how they should be drawn up.

Power of attorney, what is it?

The very word “power of attorney” speaks for itself. This is a kind of carte blanche to perform actions on behalf and on behalf of one person to another. The relationship between an entrepreneur and an attorney is based on trust.

From a legal point of view, a power of attorney is a one-sided transaction. A power of attorney from an individual entrepreneur is a written document that is issued by an entrepreneur to another person authorized to perform significant actions from a legal point of view in front of third parties. Moreover, the range of actions can be different - from one-time receipt of goods to material assets before conducting a case in court and representing interests in various government institutions and authorities. Actions performed by a trustee are considered as if committed by the trustee himself and give rise to consequences from a legal point of view only for the entrepreneur.

Types of powers of attorney

The most common cases of the need to issue a power of attorney are: registering a business, receiving material assets, relationships with banking institutions, as well as issuing a document to an accountant for submission and request by the latter necessary documents and reports to the tax office, representing the interests of the entrepreneur in relations with various public and private structures.

A sample power of attorney from an individual entrepreneur to perform the listed actions can be found in institutions where such actions must be performed. A power of attorney can also be issued for specific actions (one-time) or for long time to perform the same type of repetitive actions. A special kind document is considered a general power of attorney - this is a power of attorney from an individual entrepreneur, which is issued to carry out different actions for a long time.

Power of attorney form

The form of the document can be simple written and notarized. In what cases is it required simple form, and in which it is notarial, it is provided for by the norms of civil legislation.

A power of attorney from an individual entrepreneur must be issued in accordance with certain rules, otherwise it will be a piece of paper with some kind of instruction that does not have legal force. It should be noted that there is no single mandatory or standard form of the document; when drawing up and issuing it, one must be guided by the norms of civil and tax codes, defining the requirements for its content.

Power of attorney for tax authorities

The Tax Code provides that a tax power of attorney from an individual entrepreneur, a sample of which is available in the tax office, if the entrepreneur does not have a seal, it must be notarized. The presence of a seal greatly simplifies the matter - it is enough to correctly register the authority of the authorized person, put a signature, which is sealed, register other necessary details - and the document can be used to perform authorized actions.

Power of attorney to receive goods from an individual entrepreneur

The sample document is unified and approved by decree State Committee statistics and is advisory in nature. This kind of power of attorney is necessary in the case where it follows from the concluded agreement with suppliers that the goods must be received at the location of the supplier or at the location of the goods. An individual entrepreneur can develop his own form of document, which is not prohibited by law.

A sample power of attorney to receive goods from an individual entrepreneur is presented below.

POWER OF ATTORNEY

The twenty-ninth of July two thousand fifteen

City of Simferopol Republic of Crimea

I, citizen Russian Federation Sidorov Petr Vasilyevich born 04/13/1986, registered as an individual entrepreneur, TIN 211121314125, passport 2321 212521, issued on September 14, 2006 by the department of the Federal Migration Service of Russia for the Republic of Crimea, division code - 123-111, living at the address: Simferopol, Vorovskogo street, building 12, apartment 16,

citizen of the Russian Federation Alexander Ivanovich Semenchenko, born on March 30, 1987, passport 1234 344534, issued on February 13, 2008 by the department of the Federal Migration Service of Russia for the Republic of Crimea. division code - 233-244, living at the address: Simferopol, Pushkin street, building 33, apartment 21,

on my behalf, receive from ODO “Home Computer” the following goods and materials:

monitor (monitor parameters, its brand and other information about the equipment that allows it to be identified);

system unit (information about the system unit).

I grant the right to sign all documents, as well as to perform actions not directly provided for by this power of attorney, but necessary to fulfill this instruction.

Signature Semenchenko A.I. I certify.

The power of attorney was issued for a period of 14 days.

Signature: Sidorov Petr Vasilievich

(seal individual entrepreneur).

Power of attorney to represent the interests of an individual entrepreneur in court

Entrepreneurial activity is carried out at your own risk. In the course of doing business, no one is immune from disagreements, misunderstandings and sometimes even conflicts with counterparties. If the dispute cannot be resolved peacefully, you have to call for help government bodies, in particular apply judicial procedure dispute resolution. In judicial instances, it is advisable to entrust the conduct of cases to a specialist - a lawyer or lawyer, by issuing a power of attorney for the latter, using the appropriate sample.

Powers of attorney to represent the interests of individual entrepreneurs can easily be found in the open spaces worldwide network or in special books. It should be noted that there is no single standard form of the document. An entrepreneur has the right to develop a sample and form of power of attorney from an individual entrepreneur to represent interests at his own discretion. It is also better to entrust the development of the document to a specialist, so that in the future it will not be declared invalid or not accepted by the court as confirmation of the powers of the trustee.

What needs to be included in a power of attorney to represent interests in court?

A sample judicial power of attorney from an individual entrepreneur must contain the following details:

1. Place of preparation, date of issue (without the last details the document will be invalid).
2. Full name of the individual entrepreneur, information on registration as an entrepreneur.
3. Full name, passport details of the authorized person, including place of registration.
4. Full list actions that can be carried out by an authorized person. In this paragraph it is advisable to reflect all the powers of the party in trial, which can be taken from procedural codes.
5. Duration of the power of attorney.
6. Signature of the individual entrepreneur and his seal.

Power of attorney for a bank issued to an individual

This type of power of attorney stands somewhat apart. There is no mandatory notarized form of power of attorney in relations with banking institutions. But the banks themselves prescribe rules that cannot be ignored. In particular, many financial and credit institutions develop document forms that their clients should use. The power of attorney from the individual entrepreneur to the individual was also not ignored. face. In this case, there are advantages. The entrepreneur can only enter the necessary information into the form provided.

General power of attorney

These types of powers of attorney are often common in business. A general power of attorney gives the trustee the maximum amount of authority. In fact, a representative by power of attorney can perform any actions on behalf of the entrepreneur: enter into contracts, sign documents, manage a bank account, represent his interests before counterparties and regulatory authorities. The entire conduct of the business is essentially in the hands of the trustee. The form of power of attorney from an individual entrepreneur is provided for notarized.

Power of attorney for an individual entrepreneur

Powers of attorney are drawn up not only in favor of the entrepreneur’s proxies and assistants, but also directly for them to perform representative and other professional functions. For example, an individual has the right to issue a power of attorney for an individual entrepreneur in the case when an entrepreneur carries out his professional activity, provides services (which can be legal, accounting, consulting), and the citizen needs to receive this type of service. The law provides for the form of power of attorney to be notarial.

And finally, it should be noted that when issuing powers of attorney to your assistants, you need to remember not only about the correct drafting and execution of the document, but also be scrupulous in choosing a proxy. The fate of the business of the represented individual entrepreneur sometimes depends on the literacy and correctness of the latter’s actions.

Power of attorneyfrom individual entrepreneurissued in cases where his representative 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 forby proxystefrom IP. Sample power of attorney from an individual entrepreneur to an individual

In accordance with current legislation, an individual entrepreneur is considered an individual carrying out business activities - therefore, the form of powers of attorney from an individual entrepreneur will be exactly the same as those issued by individuals. Most of these powers of attorney (except for those for which the law expressly provides otherwise) are drawn up in simple written form. A sample power of attorney can be found in the Forms section before 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 post office, it can either be sent directly to the organization or given for presentation to an authorized 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 Available only to organizations.

When issuing powers of attorney on his own behalf, an individual entrepreneur certifies it only with his personal signature; if he has a seal, he can also use a seal (although from a legal point of view this is not essential). If an entrepreneur, at the same time as carrying out business activities, is officially employed or undergoing training in educational institution, then a power of attorney from the 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 an individual entrepreneur: cases of drawing up

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

All cases when it is necessary to draw up powers of attorney in notarized form are specified 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 under a power of attorney from an individual entrepreneur require notarization, that is, they are made in the presence of a notary and certified by him. Such transactions, in accordance with the law, include an annuity agreement or lifelong maintenance with a dependent, a mortgage agreement, an agreement for the assignment of rights of claim under notarized transactions, etc.;
• actions taken are subject to state registration or are related to the disposal of property or rights, information about which is included in state registers. Such transactions include any transactions related to the disposal of real estate, registration of an individual entrepreneur, termination of its 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 independently enter data about the authorized person and the order into the form he has. A notarized 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. The form of the notarized power of attorney from the individual entrepreneur will also indicate information about the amount that was charged for the execution of this document.

The structure of a notarized power of attorney from an individual entrepreneur is not much different from a regular one. Thus, it must 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 performing it. For example, if you are instructing 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 fulfill the main order.

Memo for individual entrepreneurs

The document (power of attorney) may indicate a specific period of its validity and the right (or lack thereof) of the trustee to delegate the power of attorney to other persons. If the power of attorney from the individual entrepreneur does not have a direct validity period, then it is equal to 1 calendar year. If a power of attorney allows the right to delegate it, then it implies the possibility for the authorized person to delegate the performance of the duties assigned to him to another person (persons).

If we're talking about on the requirements for notarization of completed transactions, then the power of attorney issued by way of delegation, 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 notarized form of such powers of attorney - regardless of the form in which the main power of attorney was given.

The power of attorney must indicate the date of its preparation. Otherwise, it will not have legal force, that is, it will not be valid.

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

Even more materials on the topic in the section: “Power of Attorney”.

If you chase two hares, you won't catch either. And in the life of an entrepreneur there are many such “hares”: filing a tax return, paying taxes, signing an agreement with a supplier, drawing up a contract with a counterparty, appearing in court... Situations when you need to be in different places at the same time are not uncommon. This problem can be solved very in a simple way - issue a power of attorney from an individual entrepreneur, according to which the attorney will receive the right to represent your interests and take on some of the responsibilities.

Types and purpose

Depending on the type and “one-off” nature of the cases that the individual entrepreneur wishes to delegate to individuals. to a person, a power of attorney can be:

Type	Description	Example
One-time	Only one action makes it legal.	For example, a power of attorney to accept goods. As soon as the employee accepts it, it will no longer be valid.
Special	Grants an individual the authority to conduct one or more cases specified in the document for a specified period of time.	For example, an individual entrepreneur transfers the right to receive goods and carry out actions related to this process (settlements with suppliers, ordering, returning) to a merchandiser.
General	Gives the attorney the right to manage all the affairs of the individual entrepreneur and dispose of his property at his own discretion. You need to sign it in the presence of a notary, who will certify it.	For example, if an individual entrepreneur does not want to control his business independently, he can transfer the management of business to his partner, co-owner, relative or other to a loved one by issuing a general power of attorney.

With the help of a power of attorney, an individual entrepreneur can instruct an authorized person to:

• Submit any reports to tax authorities;
• Receive any material assets;
• Conclude and sign contracts;
• Register the opening or closing of an individual entrepreneur;
• Provide representation in court;
• Represent the interests of individual entrepreneurs in banks;
• Represent interests in post offices and other institutions;
• Receive funds.

Filling procedure and details

According to the law, an individual entrepreneur is a simple individual with a special status. Therefore, forms of powers of attorney from individual entrepreneurs and individuals. faces are no different.

A power of attorney to represent the interests of an individual entrepreneur is valid both in written and printed form. You can create the form in advance and print it as needed to save valuable time.

Necessary details for the form, without which the power of attorney is invalid:

• Name of the document;
• Place and date of signing;
• Information about the principal: first name, last name, patronymic, passport details, TIN;
• Data of the authorized person: first name, last name, patronymic, passport details;
• List of powers that an individual entrepreneur grants to an individual;
• Signature, seal of the principal.

Last name, first name, patronymic, gender, date, place of birth of the attorney should be indicated in strict accordance with the passport. If there are errors in these details, the power of attorney from the individual entrepreneur will be invalid. Other information - date of issue, series, number - should be indicated, but because of them the document cannot become invalid.

If the power of attorney does not contain a signature date, it will be declared invalid.

The individual entrepreneur is not required to affix a seal, but there are cases when the court ends up on the side of the plaintiff, since the individual entrepreneur did not seal the power of attorney. Many institutions do not like the fact of its absence. Therefore, if such an opportunity exists, it is better to acquire this attribute or have the document notarized.

When is a notary's signature required?

In most situations, the signature of the individual entrepreneur is sufficient to recognize the power of attorney as genuine. But in some cases, notarization is required:

• Participation of an individual entrepreneur’s representative in a transaction requiring the presence of a notary;
• Performing actions that are subject to state registration, for example, registering the opening or closing of an individual entrepreneur;
• Or contacting the tax authorities because they do not accept a simple written power of attorney;
• And opening a bank account, managing the money stored on it (can assure official jar);
• For a general power of attorney;
• If an organization or institution requires a notary's signature.

There is no need to bring the completed A4 sheet to the notary; he will print out his ready-made form for you.

If an individual entrepreneur is simultaneously employed or studying at any educational institution, he has the right to certify the individual entrepreneur’s power of attorney to receive funds from these institutions (salary, scholarship) to his attorney at the place of study/work.

Validity period

The individual entrepreneur determines the validity period of the power of attorney independently and indicates it in any format - in the form of a specific date, period or event. If there is no such indication, it is automatically assigned the period specified in the Civil Code of the Russian Federation - 1 year.

The procedure for calculating the end of the period has some features:

• If a specific date is indicated, the document is valid until 12 noon on that day;
• If a period is written (month, year) - until 12 o'clock in the afternoon of the day following the end of the marked period;
• If an event is indicated that will inevitably occur (reception of goods), - before its occurrence;
• And if an event is prescribed, the inevitability of which cannot be traced, the power of attorney will become invalid after a year or after cancellation by the individual entrepreneur himself.

The maximum validity period of a general power of attorney is 3 years. Afterwards, the individual entrepreneur must draw up and certify it again. For other species, a maximum period has not been established in 2019; legislators are counting on the prudence of citizens.

An entrepreneur has the right to cancel a power of attorney at any time by notifying all interested parties - an attorney, a notary (if it was certified by him), a bank (if he acted as a witness). A power of attorney from an individual entrepreneur is automatically revoked in the event of the death of the authorized person, the owner of the individual entrepreneur, or the termination of the activities of the individual entrepreneur.

In conclusion, it is worth noting that drawing up a power of attorney is a very serious and risky procedure. A mistake in choosing an attorney or in the contents of this paper can deprive you of money and property. Be careful and avoid scams.

A business entity in the status of an individual entrepreneur performs all legal actions relating to its activities from own name. However, some circumstances may make it impossible to attend events that require direct presence. This problem can be quickly resolved if you issue a power of attorney to an individual entrepreneur to represent interests. It is worth noting that The principal is responsible for the consequences of the actions of the trustee.

How to issue a power of attorney for an individual entrepreneur

Power of attorney - what is it?

Despite the different directions in the activities of business entities, the implementation of an entrepreneurial idea is based on identical operating principles. They are embedded in the possibility of representing the interests of the head of the company by another person, who may be an employee who has the right to conduct accounting. The operation is necessary in situations where the employer is not able to perform any actions due to lack of free time, or if he does not want to burden himself with unnecessary hassle.

Sample of a simple type of power of attorney, executed “by hand”

A document by which an individual entrepreneur trusts an individual to represent his interests before third parties is called a power of attorney. Depending on the legal requirements relating to the specific scope of the document, it can be drawn up:

• in an arbitrary or unified form;
• in written or printed form;
• in simple or notarized form.

The documentation set of each head of a business entity should contain a pre-developed sample of a power of attorney from an individual entrepreneur to an individual to represent interests, so that, if necessary, they can quickly draw up documentation. The authorized person may be delegated powers in full or limited extent. Based on these concepts, a power of attorney may be of a one-time nature if it is necessary for a specific action that is limited in time.

A special document is drawn up for activities of a homogeneous nature that are regularly repeated. A general power of attorney, or general, as many notaries call it, allows you to perform all legal actions, including property ones, on behalf of the principal.

Forms of power of attorney from individual entrepreneurs

A document to represent the interests of the principal can be drawn up in simple or notarial form.

Simple form The document is drawn up by hand or printed on a printer. Its use is relevant when it is necessary to represent in court, carry out specific actions that do not have legal consequences, as well as in situations where the right to sign documentation is entrusted.

The unified form of the document is provided only for receiving items belonging to the category of material assets. It is used when purchasing products and receiving them by an employee on behalf of the head of a business entity.

Unified form of power of attorney

Notarized power of attorney drawn up when planning transactions involving the transfer of property rights subject to state registration. When submitting reports via the Internet, the Tax Services also require notarization. It is necessary to manage a bank account. To draw up a document, you must visit a notary office that has the status of a legal entity. It must be certified by the signature and seal of the head of the organization.

General power of attorney drawn up by a notary. It allows the trustee to fully perform legal actions on behalf of the principal. However, the choice of a trusted person should be taken responsibly, since his dishonesty may cause the trustee to lose the business along with the property.

What actions of the individual entrepreneur require his personal presence

Power of attorney for representation of interests

An individual who decides to register as an individual entrepreneur must personally participate in the events. Closing an activity also requires his presence. In the process of operating a business, without its organizer it is impossible to submit reports, receive and transfer goods, and also represent the interests of individual entrepreneurs in courts. This is due to the fact that business entities often prefer to work without resorting to the services of hired workers, so they have to perform all business responsibilities independently.

Circumstances giving rise to a power of attorney

A power of attorney is issued in the event, if the business entity does not want to independently engage in the activity in full or in a separate section of it. Basis for documenting trust There is also the need for the individual entrepreneur to be present in several places at the same time. Documentation to represent the interests of an individual entrepreneur, will allow him to conduct business in one place, while a trusted person will represent his interests in another place.

Power of attorney from an individual entrepreneur to conduct business for an individual: sample

Depending on the norms of legal acts, to transfer powers from one individual to another, a power of attorney is used, drawn up in a free or unified form, certified by a notary, or certified by the signature of the principal.

Representing the interests of individual entrepreneurs in some legal matters does not require notarization. In such cases, the signature of an individual entrepreneur is sufficient for the action to be carried out by another person on his behalf.

A sample power of attorney from an individual entrepreneur to an individual will help you competently draw up the documentation. It must display information that the principal is granted rights not as an individual, but as an individual entrepreneur with a state registration and tax identification number. Information identifying the principal as an individual entrepreneur must be reflected in the header of the document.

To quickly resolve the issue, when going to a notary, it is recommended not to forget about the documentation relating to the citizen of the Russian Federation as an individual entrepreneur and as an individual. The subject of trust can be various legal and financial actions. They may be related to the representation of interests in authorized bodies or to the conduct of cash and settlement operations. The range of actions of the representative is determined by legislative permissions for conducting operations for a specific category of participants, as well as the type of document drawn up.

Forms of powers of attorney and their validity periods

When registering a power of attorney with a notary, the personal presence of both parties to the transaction is required. It is enough for the principal to provide the original passport to fill in his data in special form. The maximum validity period of the document is three years. The absence of a parameter in the documentation indicates that it is valid for a year. Failure to indicate the date of preparation of the document is a reason to consider it invalid.

Power of attorney for transferring authority to conduct business to an individual from an individual entrepreneur: sample

If you chase two hares, you won't catch either. And in the life of an entrepreneur there are many such “hares”: filing a tax return, paying taxes, signing an agreement with a supplier, drawing up a contract with a counterparty, appearing in court... Situations when you need to be in different places at the same time are not uncommon. You can solve this problem in a very simple way - issue a power of attorney from an individual entrepreneur, according to which the attorney will receive the right to represent your interests and take on some of the responsibilities.

Types and purpose

Depending on the type and “one-off” nature of the cases that the individual entrepreneur wishes to delegate to individuals. to a person, a power of attorney can be:

With the help of a power of attorney, an individual entrepreneur can instruct an authorized person to:

• Submit any reports to the tax authorities;
• Receive any material assets;
• Conclude and sign contracts;
• Register the opening or closing of an individual entrepreneur;
• Provide representation in court;
• Represent the interests of individual entrepreneurs in banks;
• Represent interests in post offices and other institutions;
• Receive funds.

Filling procedure and details

A power of attorney to represent the interests of an individual entrepreneur is valid both in written and printed form. You can create the form in advance and print it as needed to save valuable time.

Necessary details for the form, without which the power of attorney is invalid:

• Name of the document;
• Place and date of signing;
• Information about the principal: first name, last name, patronymic, passport details, TIN;
• Data of the authorized person: first name, last name, patronymic, passport details;
• List of powers that an individual entrepreneur grants to an individual;
• Signature, seal of the principal.

Last name, first name, patronymic, gender, date, place of birth of the attorney should be indicated in strict accordance with the passport. If there are errors in these details, the power of attorney from the individual entrepreneur will be invalid. Other information - date of issue, series, number - should be indicated, but because of them the document cannot become invalid.

If the power of attorney does not contain a signature date, it will be declared invalid.

The individual entrepreneur is not required to affix a seal, but there are cases when the court ends up on the side of the plaintiff, since the individual entrepreneur did not seal the power of attorney. Many institutions do not like the fact of its absence. Therefore, if such an opportunity exists, it is better to acquire this attribute or have the document notarized.

When is a notary's signature required?

In most situations, the signature of the individual entrepreneur is sufficient to recognize the power of attorney as genuine. But in some cases, notarization is required:

• Participation of an individual entrepreneur’s representative in a transaction requiring the presence of a notary;
• Performing actions that are subject to state registration, for example, registering the opening or closing of an individual entrepreneur;
• Or contacting the tax authorities because they do not accept a simple written power of attorney;
• And opening a bank account, managing the money stored on it (can be certified by a bank official);
• For a general power of attorney;
• If an organization or institution requires a notary's signature.

There is no need to bring the completed A4 sheet to the notary; he will print out his ready-made form for you.

If an individual entrepreneur is simultaneously employed or studying at any educational institution, he has the right to certify the individual entrepreneur’s power of attorney to receive funds from these institutions (salary, scholarship) to his attorney at the place of study/work.

Validity period

The individual entrepreneur determines the validity period of the power of attorney independently and indicates it in any format - in the form of a specific date, period or event. If there is no such indication, it is automatically assigned the period specified in the Civil Code of the Russian Federation - 1 year.

The procedure for calculating the end of the period has some features:

• If a specific date is indicated, the document is valid until 12 noon on that day;
• If a period is written (month, year) - until 12 o'clock in the afternoon of the day following the end of the marked period;
• If an event is indicated that will inevitably occur (reception of goods), - before its occurrence;
• And if an event is prescribed, the inevitability of which cannot be traced, the power of attorney will become invalid after a year or after cancellation by the individual entrepreneur himself.

The maximum validity period of a general power of attorney is 3 years. Afterwards, the individual entrepreneur must draw up and certify it again. For other species, the maximum period has not been established in 2017; legislators are counting on the prudence of citizens.

An entrepreneur has the right to cancel a power of attorney at any time by notifying all interested parties - an attorney, a notary (if it was certified by him), a bank (if he acted as a witness). A power of attorney from an individual entrepreneur is automatically revoked in the event of the death of the authorized person, the owner of the individual entrepreneur, or the termination of the activities of the individual entrepreneur.

In conclusion, it is worth noting that drawing up a power of attorney is a very serious and risky procedure. A mistake in choosing an attorney or in the contents of this paper can deprive you of money and property. Be careful and avoid scams.

How to properly issue a power of attorney from an individual entrepreneur. Form and sample filling

Power of attorney is widely used in business practice. Starting from the moment of registration of a citizen as an individual entrepreneur and ending with the submission of an application to terminate activities as an entrepreneur, a power of attorney necessary tool in order to instruct another person to perform any action. Receipt and transfer of goods, delivery tax returns, representation in court, and there are many more situations in which a power of attorney is an indispensable document.

This article will help you understand in detail how to issue a power of attorney on behalf of an individual entrepreneur and correctly take advantage of all the benefits it provides.

General information about powers of attorney

The need for a power of attorney, or rather the need for the help of other persons when committing various actions, arose for the reason that it is impossible to do everything yourself. Especially when it comes to business, where time flows very quickly and it is impossible to do everything at the same time.

But if a person trusts someone with something that he should have done himself, then the responsibility for it remains with him. And in order for the actions of the person he trusts to be accepted by third parties, a power of attorney is required. Not a single supplier will give the goods to the supplier, not a single judge will allow a representative into the case, and accordingly, not a single government agency will accept or give documents to an outsider if all these persons do not have a power of attorney.

According to the law, a power of attorney is a written document that confirms the authority of one person (representative) to act on behalf of another person (principal). A power of attorney is issued for representation before third parties. The first person, in this case, is the one who is represented (he issues the power of attorney), the second is the one who represents (attorney, representative), and the third person, or third parties, can be those who expect from the first person any actions (counterparties, government agencies, courts, etc.).

Most often, in business activities, a power of attorney is used in the following cases:

• signing contracts,
• receipt of goods,
• participation in court hearings,
• relations with government authorities (submission, receipt of documents, for example).

Power of attorney from an individual entrepreneur in civil legal relations

Individual entrepreneurs participating in civil law relations (completion of purchase and sale transactions, provision of services, performance of work, etc.) are equated to legal entities. Accordingly, a power of attorney from an individual entrepreneur is issued according to the same rules that apply to powers of attorney issued on behalf of organizations and enterprises.

The Civil Code of the Russian Federation provides for a simple written form of power of attorney to represent the interests of legal entities. Such a power of attorney must be signed by the head of the organization or another person with appropriate authority. The notarized form of power of attorney is used only in cases provided for by law.

An important point when drawing up a power of attorney is to indicate the date of its execution. If the power of attorney does not indicate the date when it was signed by the principal, then the power of attorney is considered void. It has the right not to be accepted as confirmation of the representative’s powers. And if a third party nevertheless accepts such a power of attorney, and, for example, signs an agreement with such a representative, then such an agreement will be declared invalid with all the ensuing consequences.

The reason why the legislator introduced the rule on the invalidity of a power of attorney without the date of its execution is simple. After all, without knowing when the power of attorney was issued, it is impossible to establish the period from which the powers of the attorney began. And if, it would seem, everything could be clear to the person to whom the power of attorney is addressed, then there would be difficulties when considering the case in court.

Unlike the date from which the power of attorney will be valid, the legislator acted differently with regard to the date of termination of the power of attorney. If the power of attorney does not indicate its validity period, then it is valid for one year from the date of issue.

In terms of the periods for which a power of attorney is issued, lately Significant changes have occurred: if previously a power of attorney could only be issued for three years, now the legislator does not limit the period for issuing powers of attorney. The period for which a power of attorney is issued can be five, ten, or even one hundred years. In this regard, the legislator relies on the prudence of citizens.

Power of attorney from the individual entrepreneur to the tax office

Special rules apply to powers of attorney used in tax legal relations. Thus, the Tax Code of the Russian Federation stipulates that a representative of an individual, when applying to the tax authorities, must act on the basis of a notarized power of attorney.

Here it is necessary to remember that an individual entrepreneur is, first of all, an individual. Despite the fact that in many respects entrepreneurs are equated to legal entities, in this case this is not the case. An individual entrepreneur, when sending his representative to the tax office, must accompany him with a notarized power of attorney.

This position is supported not only by numerous information letters The Ministry of Finance of Russia and the Federal Tax Service of Russia, but also the Plenum of the Supreme arbitration court RF. The need to use a notarized power of attorney for entrepreneurs in tax legal relations is confirmed by its Resolution No. 57 of July 30, 2013.

Thus, an individual entrepreneur who, for example, entrusts the management accounting and preparation of tax returns and other documents for the tax office, you must take care in advance to prepare a notarized power of attorney.

Power of attorney from an individual entrepreneur and its sample

A standard power of attorney from an individual entrepreneur can be prepared in simple written form on the entrepreneur’s letterhead. The power of attorney must indicate the place of its execution - locality, and the date when the power of attorney was signed. The last condition is a mandatory requirement for recognition of the power of attorney as valid.

The power of attorney does not have to have a number. But, as a rule, entrepreneurs and organizations register such documents. Registration of powers of attorney can be carried out both in a book (journal) of outgoing documents, and in a special journal for registering powers of attorney.

The form of the registration journal is not established by law in either case. But it is desirable that the logbook have the following columns:

• power of attorney number,
• date of issue,
• the name of the third person or group of persons for whose representation the power of attorney was issued,
• Full name of the person to whom the power of attorney was issued,
• its validity period.

It is advisable to keep copies of issued powers of attorney along with the registration log.

The details of the representative and the represented must be specified in the power of attorney in as much detail as possible. There may be either minimal information about passport data or more detailed information, for example, about the date and place of birth. All this allows you to accurately identify the persons named in the power of attorney in order to avoid confusion if, for example, a person has a common last name, first name and patronymic.

The powers specified in the power of attorney are of key importance. Here it is important to grant the representative only those rights that he needs to carry out the assignment. At the same time, exclude any opportunities for abuse.

Please note: All actions performed by a representative under a power of attorney are performed by him on behalf of the represented person. Accordingly, it is the principal who is responsible for all his actions.

A power of attorney can have both an indication of one power and a list of rights that are granted to the attorney.

Certification of the signature on the power of attorney is not mandatory. At the same time, such a document inspires more confidence. This is especially convenient when the representative signs any documents on behalf of the represented person. Agreements, acts, invoices and so on. A power of attorney to receive inventory items (TMTs) is drawn up in a form that contains such mandatory details.

The term of the power of attorney is a necessary requisite of the document. At the same time, as mentioned above, the legislator, seeking in some rare cases to simplify the regulation of various issues, did not make the term of the power of attorney a mandatory requirement that affects its validity. But in practical terms, issuing a power of attorney without an expiration date is not recommended.

The power of attorney is signed by the entrepreneur personally. The seal application is not required by law. But in business relations, a power of attorney without a seal will not look like a properly executed document. Yes, indeed, since 2013, a seal impression is not a mandatory requisite for such documents. But, firstly, not everyone knows about it. Secondly, the person to represent the interests to whom the power of attorney was issued may doubt the authenticity of the document. And will not agree to a deal or other actions with the representative.

Of course, seals are now quite easy to fake. But, probably, the legislator was a little hasty here, removing from the law the requirement for the mandatory presence of a seal on the power of attorney. In practice, when issuing a power of attorney from an individual entrepreneur, it is always recommended to put a seal. If, of course, the entrepreneur uses it in his activities.

Power of attorney from the individual entrepreneur. Sample power of attorney from an individual entrepreneur to a court, bank or individual. face

A person who is engaged in entrepreneurial activity does many things during the working day. An individual entrepreneur (hereinafter referred to as an individual entrepreneur) strives for his business to develop, grow and bring tangible benefits. Negotiate with suppliers, find clients, ensure that the purchased goods reach their destination unharmed, resolve conflict situations. In addition, record keeping and the preparation of endless documents that require special knowledge simply “eat up” a considerable amount of time. Sometimes it’s difficult to cope on your own, but there is still a way out. Some part of the work can be transferred to a trusted person by issuing a power of attorney from the individual entrepreneur. This document is diverse in its structure and nature. Let’s find out what types of documents exist and how they should be drawn up.

Power of attorney, what is it?

The very word “power of attorney” speaks for itself. This is a kind of carte blanche to perform actions on behalf and on behalf of one person to another. The relationship between an entrepreneur and an attorney is based on trust.

From a legal point of view, a power of attorney is a one-sided transaction. A power of attorney from an individual entrepreneur is a written document that is issued by an entrepreneur to another person authorized to perform significant actions from a legal point of view in front of third parties. Moreover, the range of actions can be different - from a one-time receipt of inventory items to conducting a case in court and representing interests in various government agencies and authorities. Actions performed by a trustee are considered as if committed by the trustee himself and give rise to consequences from a legal point of view only for the entrepreneur.

Types of powers of attorney

The most common cases of the need to issue a power of attorney are: registering a business, receiving material assets, relationships with banking institutions, as well as issuing a document to an accountant for submitting and requesting the latter to submit the necessary documents and reports to the tax office, representing the interests of the entrepreneur in relations with various public and private structures.

A sample power of attorney from an individual entrepreneur to perform the listed actions can be found in institutions where such actions must be performed. A power of attorney can also be issued for specific actions (one-time) or for a long time to perform similar, repeated actions. A special type of document is considered a general power of attorney - this is a power of attorney from an individual entrepreneur, which is issued to perform various actions for a long period.

Power of attorney form

The form of the document can be simple written and notarized. In which cases a simple form is required, and in which a notarial form is required, is provided for by the norms of civil legislation.

A power of attorney from an individual entrepreneur must be drawn up in accordance with certain rules, otherwise it will be a piece of paper with some kind of instruction that has no legal force. It should be noted that there is no single mandatory or standard form of the document; when drawing up and issuing it, one must be guided by the norms of the civil and tax codes that define the requirements for its content.

Power of attorney for tax authorities

The Tax Code provides that a tax power of attorney from an individual entrepreneur, a sample of which is available at the tax office itself, if the entrepreneur does not have a seal, must be notarized. The presence of a seal greatly simplifies the matter - it is enough to correctly register the authority of the authorized person, put a signature, which is sealed, register other necessary details - and the document can be used to perform authorized actions.

Power of attorney to receive goods from an individual entrepreneur

The sample document is unified, approved by a resolution of the State Statistics Committee and is of a recommendatory nature. This kind of power of attorney is necessary in the case where it follows from the concluded agreement with suppliers that the goods must be received at the location of the supplier or at the location of the goods. An individual entrepreneur can develop his own form of document, which is not prohibited by law.

The twenty-ninth of July two thousand fifteen

City of Simferopol Republic of Crimea

I am a citizen of the Russian Federation Petr Vasilyevich Sidorov, born 04/13/1986, registered as an individual entrepreneur, TIN 211121314125, passport 2321 212521, issued on September 14, 2006 by the department of the Federal Migration Service of Russia for the Republic of Crimea, division code - 123-111, living at the address: Simferopol , Vorovskogo street, building 12, apartment 16,

citizen of the Russian Federation Alexander Ivanovich Semenchenko, born on March 30, 1987, passport 1234 344534, issued on February 13, 2008 by the department of the Federal Migration Service of Russia for the Republic of Crimea. division code - 233-244, living at the address: Simferopol, Pushkin street, building 33, apartment 21,

on my behalf, receive from ODO “Home Computer” the following goods and materials:

monitor (monitor parameters, its brand and other information about the equipment that allows it to be identified);

system unit (information about the system unit).

I grant the right to sign all documents, as well as to perform actions not directly provided for by this power of attorney, but necessary to fulfill this instruction.

Signature Semenchenko A.I. I certify.

The power of attorney was issued for a period of 14 days.

Signature: Sidorov Petr Vasilievich

(seal of an individual entrepreneur).

Power of attorney to represent the interests of an individual entrepreneur in court

Entrepreneurial activity is carried out at your own risk. In the course of doing business, no one is immune from disagreements, misunderstandings and sometimes even conflicts with counterparties. If the dispute cannot be resolved peacefully, it is necessary to call on government authorities for help, in particular, to apply the judicial procedure for resolving the dispute. In judicial instances, it is advisable to entrust the conduct of cases to a specialist - a lawyer or lawyer, by issuing a power of attorney for the latter, using the appropriate sample.

Powers of attorney to represent the interests of individual entrepreneurs can easily be found on the World Wide Web or in special books. It should be noted that there is no single standard form of the document. An entrepreneur has the right to develop a sample and form of power of attorney from an individual entrepreneur to represent interests at his own discretion. It is also better to entrust the development of the document to a specialist, so that in the future it will not be declared invalid or not accepted by the court as confirmation of the powers of the trustee.

What needs to be included in a power of attorney to represent interests in court?

A sample judicial power of attorney from an individual entrepreneur must contain the following details:

1. Place of preparation, date of issue (without the last details the document will be invalid).
2. Full name of the individual entrepreneur, information on registration as an entrepreneur.
3. Full name, passport details of the authorized person, including place of registration.
4. A complete list of actions that an authorized person can carry out. In this paragraph, it is advisable to reflect all the powers of the party to the lawsuit, which can be taken from the procedural codes.
5. Duration of the power of attorney.
6. Signature of the individual entrepreneur and his seal.

Power of attorney for a bank issued to an individual

This type of power of attorney stands somewhat apart. There is no mandatory notarized form of power of attorney in relations with banking institutions. But the banks themselves prescribe rules that cannot be ignored. In particular, many financial and credit institutions develop document forms that their clients should use. The power of attorney from the individual entrepreneur to the individual was also not ignored. face. In this case, there are advantages. The entrepreneur can only enter the necessary information into the form provided.

General power of attorney

These types of powers of attorney are often common in business. A general power of attorney gives the trustee the maximum amount of authority. In fact, a representative by power of attorney can perform any actions on behalf of the entrepreneur: enter into contracts, sign documents, manage a bank account, represent his interests before counterparties and regulatory authorities. The entire conduct of the business is essentially in the hands of the trustee. The form of power of attorney from an individual entrepreneur is provided for notarized.

Power of attorney for an individual entrepreneur

Powers of attorney are drawn up not only in favor of trustees and assistants of the entrepreneur, but also directly for them to perform representative and other professional functions. For example, an individual has the right to issue a power of attorney for an individual entrepreneur in the case where the entrepreneur carries out his professional activities, provides services (which can be legal, accounting, consulting), and the citizen needs to receive this type of service. The law provides for the form of power of attorney to be notarial.

And finally, it should be noted that when issuing powers of attorney to your assistants, you need to remember not only about the correct drafting and execution of the document, but also be scrupulous in choosing a proxy. The fate of the business of the represented individual entrepreneur sometimes depends on the literacy and correctness of the latter’s actions.

Power of attorney from an individual entrepreneur to an individual - sample filling

- sample you can download below and use it as a template. The article describes the main details of a power of attorney from an individual entrepreneur, in what cases it is required and when it can be invalidated.

Sample power of attorney from an individual entrepreneur to an individual.doc

Power of attorney form from an individual entrepreneur: basic details

Power of attorney from an individual entrepreneur to an individual must contain the following information:

• date and place of execution of the document;
• information about the principal and the authorized person;
• powers transferred by the principal to the authorized person;
• signature of the principal.

According to Art. 186 of the Civil Code of the Russian Federation, the power of attorney must indicate the date of its preparation, otherwise the document is considered void.

The validity period is determined by the principal himself. Unless otherwise specified in the power of attorney, it is valid for 1 year from the date of preparation.

A proxy's signature is not required.

In accordance with paragraph 6 of Art. 61 Arbitration Procedure Code of the Russian Federation power of attorney from individual entrepreneur must contain his signature and seal. If there is no seal, then the interests of an individual entrepreneur can be represented only on the basis of a notarized power of attorney.

Power of attorney from an individual entrepreneur: when to use

A representative of an individual entrepreneur can contact the tax authorities only if he has a notarized power of attorney (paragraph 2, paragraph 3, article 29 of the Tax Code of the Russian Federation).

Individual entrepreneur as an employer in accordance with Part 2 of Art. 53 of the Civil Code of the Russian Federation can certify a power of attorney, including in situations where the principal as a citizen is himself (determined by the Kostroma Regional Court of June 17, 2013 in case No. 33-1047).

In this case, the individual entrepreneur’s power of attorney certificate must contain not only the individual entrepreneur’s signature, but also a seal.

Thus, in the resolution of the deputy chairman of the Sverdlovsk Regional Court dated March 7, 2014 No. 4a-257, it was noted that the magistrate legally considered the case in the absence of the offender, since the power of attorney submitted by the defense attorney, signed by the individual entrepreneur, was not sealed.

Do errors in a power of attorney always mean it is invalid?

The counterparty who comes into contact with the authorized person must make sure that this person is indicated in the power of attorney.

In accordance with the Decree of the Government of the Russian Federation “On approval...” dated 07/08/1997 No. 828, to identify a citizen of the Russian Federation, his full name, gender, date and place of birth are entered in the passport. Therefore, this information must be reflected in the power of attorney without errors.

As for other information, for example, the series of the passport or the date of its issue, the Presidium of the Supreme Arbitration Court of the Russian Federation in its resolution dated June 16, 2009 No. 750/09 in case No. A43-3182/2008-5-74 indicated that the list necessary information(specified above), allowing identification by passport, is exhaustive.

Discrepancies in the data (in particular, the date of issue) specified in the passport and the power of attorney will not be considered grounds for invalidating the document.

Thus, if the power of attorney (except for full name, gender, date and place of birth) contains passport information or any other data is unreliable, the authorized person is not deprived of his powers.