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Power of attorney to the arbitration court. Power of attorney from an individual entrepreneur Power of attorney to conduct arbitration business

Individual entrepreneurs, like citizens, as well as legal entities, can conduct their business personally or through their representatives. Representation on behalf of an individual entrepreneur before third parties is formalized by means of a written power of attorney. However, the procedure for certifying a power of attorney from an individual entrepreneur is not directly regulated and requires a consistent analysis of the rules on representation.

Power of attorney to the arbitration court from an individual entrepreneur

In accordance with arbitration procedural legislation, persons participating in the arbitration process must confirm their authority and identify themselves.

In particular, when applying to arbitration with a statement of claim, the Arbitration Procedure Code of the Russian Federation obliges to attach to the claim documents or a power of attorney confirming the person’s authority to sign the claim. Otherwise, in the absence of such a document and/or such powers, when the court considers the issue of accepting a statement of claim for proceedings, the judge first makes a ruling to leave the claim without progress, and if the comments are not eliminated, returns the statement of claim (Clause 5, Part 1, Article 126 , part 1 of article 128, clause 4 of part 1 of article 129 of the Arbitration Procedure Code of the Russian Federation).

The special requirements for a power of attorney to the arbitration court from an individual entrepreneur are (Part 6, Article 61 of the Arbitration Procedure Code of the Russian Federation):

  • availability of signature and seal of the individual entrepreneur;
  • or proper certification of the power of attorney, i.e., from a notary or in a manner equivalent to notarization.

The procedure for certifying a power of attorney is regulated in Art. 185.1 Civil Code of the Russian Federation.

Power of attorney to the arbitration court from an individual entrepreneur (sample)

All persons participating in the arbitration process, regardless of legal status, enjoy equal rights and also bear the responsibilities provided for by the Arbitration Procedure Code of the Russian Federation. This means that the rules on representation in the arbitration process fully apply to an individual entrepreneur.

The Arbitration Procedure Code of the Russian Federation provides for the right of individual entrepreneurs to conduct their affairs both personally and through their representatives (Part 3 of Article 59 of the Arbitration Procedure Code of the Russian Federation).

In this case, the court is entrusted with the obligation to verify the powers of the person participating in the arbitration process, including the representative acting on the basis of a power of attorney. As a rule, the court attaches to the case materials a copy of the power of attorney or other document certifying the authority of the person, or makes an appropriate note in the minutes of the court hearing. In the absence of a properly executed power of attorney to the arbitration court from the individual entrepreneur, the judge refuses to recognize the powers as properly executed and does not allow the representative to participate in the court hearing (Article 63 of the Arbitration Procedure Code of the Russian Federation).

When drawing up a sample power of attorney from an individual entrepreneur to an arbitration court, you should remember the requirements of the Arbitration Procedure Code of the Russian Federation, otherwise such a mistake may lead to negative consequences for the individual entrepreneur, including the loss of the court case.

Sample power of attorney from an individual entrepreneur to the arbitration court

Power of attorney to represent the interests of an individual entrepreneur

Regardless of which body and for which powers an individual entrepreneur issues a power of attorney, one should remember the general requirements for the registration of this representative office.

The power of attorney to represent the interests of an individual entrepreneur is subject to the following provisions:

  • on the written execution of authority for representation before third parties;
  • on the right of an individual entrepreneur to authorize both one person and several different persons at once;
  • on the date of execution of the power of attorney;
  • about the validity period of the power of attorney. The term is not an essential condition and may not be specified, but in any case, the power of attorney from the individual entrepreneur is valid for no more than three years. If the period is not specified, then such a power of attorney is valid for a year.

You can familiarize yourself with all the requirements for issuing a power of attorney from an individual entrepreneur in Chapter. 10 of the Civil Code of the Russian Federation “Representation. Power of attorney".

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Samples of powers of attorney to the arbitration court from a legal entity

ATTENTION! Look at the completed sample power of attorney to the arbitration court from a legal entity:

You can DOWNLOAD samples of powers of attorney to a bank to represent the interests of a legal entity using the links below:

How to draw up a document correctly

A power of attorney to the arbitration court from an organization is drawn up on a special form, which is available to each company. This form already contains the details of the granting organization.

The power of attorney also requires the following to be indicated:

  • time and place of issue of the document. The place of issue of the power of attorney is indicated in a city or village (it is also advisable to indicate the region). The date is written in words. If the document does not indicate the date of issue, it will be declared invalid;
  • information about the principal and representative: full name, year of birth, place of registration and residence. If the party is a legal entity, then indicate: the full name of the organization, its form, INN and KPP, information about the head of the organization and his position;
  • an exact list of powers transferred to the representative;
  • it is also important to indicate other important conditions: the possibility of refusing to perform actions, the right to revoke a power of attorney, the right of a representative to delegate powers, the validity period of the document, etc.

The text must contain the signatures of the parties and the seal of the legal entity that acts as the principal.

When to apply

When considering a controversial situation in an arbitration court, the head of a legal entity may issue a power of attorney.

Basically, a power of attorney is issued when:

  • the director of the company does not have the opportunity to take part in the consideration of the dispute in court;
  • To resolve a controversial situation, the assistance of a professional in such matters (lawyer, attorney) is required.

Remember! The head of an organization can issue a one-time power of attorney, for example, for a person to participate in the preparation of a case or to participate in a specific dispute, etc. If the director of the company wishes to personally participate in the process, a special document giving this right is not required.

What documents will be required

In order to draw up a document granting a representative the right to participate in the Arbitration Court, the following papers will be required:

  • charter of a legal entity;
  • IIN and OGRN;
  • passports of authorized persons: manager, director and chief accountant;
  • form of document used in an organization.

Watch the video. Representation and power of attorney:

Principal and representative

The person who grants another person the authority to protect the interests of the organization in legal proceedings is the principal. The other party is a representative, or in other words, an attorney.

A representative is a person who is given the right to participate in a lawsuit by an organization.

The representative may be:

  • a person who is officially employed by this organization. Basically, to protect the interests of a legal entity in court, an employee of the legal department or accounting department is appointed as a representative;
  • a person not related to the organization. Thus, an experienced lawyer from a law firm can be appointed as a representative;
  • hired employee.

The law does not establish restrictions on the number of attorneys. The principal has the right to transfer rights to several persons at once, for example, he can appoint 2 lawyers at once (from his company and from a law office).

After an authorized person of the organization issues a power of attorney, his participation in court will not be required. An attorney will represent the interests of the organization.

Powers by proxy

The list of powers that can be transferred by proxy is quite large.

If a power of attorney is issued to protect the interests of an organization in court, the attorney is granted the following rights:

  • prepare and send statements, petitions and lawsuits. In this case, the representative has the right to sign all papers himself;
  • increase and decrease the amount of claims;
  • change the subject of the claim and the basis;
  • refuse demands;
  • return the statement of claim;
  • enter into agreements with the other party;
  • appeal court decisions;
  • refer the case to arbitration;
  • receive court orders;
  • delegate powers to a third party, etc.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Is a notary form required?

A power of attorney is required to be certified by a notary in exceptional cases.

When a power of attorney to represent interests is issued by an organization, its registration with a notary is not required. However, at the request of the parties, the power of attorney can be certified by a notary.

A power of attorney to conduct civil cases is issued by the principal to represent his interests in civil court in courts of general jurisdiction, arbitration courts, including justices of the peace. In such a document it is necessary to specify the general and special powers that are transferred to the trustee. If a power of attorney is issued on behalf of a legal entity, then it is signed by the head of the organization, who is authorized to do so by the constituent documents, and the seal of this organization is also affixed.

Features of the power of attorney document

A power of attorney for representation in court is a document that allows you to give authority to another person to represent the interests of the principal in court (magistrates, arbitration courts, arbitration courts, courts of general jurisdiction, etc.). An individual entrepreneur or individual, or a legal entity or organization can act as a principal.

A person who has reached the age of 18 and is vested with the authority to conduct business in court can act as a representative in court. Judges, prosecutors, investigators, and assistant judges cannot act as proxies.

Rules for drawing up a power of attorney

To correctly fill out a power of attorney for representation in court, you should include the following information in this document:

  • title of the document;
  • passport details of the principal and the authorized representative;
  • a list of rights granted to the authorized person;
  • a list of actions that a trustee can perform in the interests of the principal;
  • validity period of the power of attorney;
  • signature of the principal.

An individual can have a power of attorney for legal representation certified by a notary. If the principal is a legal entity, then such a power of attorney does not require notarization. In this case, it only needs to be certified by the signature of the manager and the seal of the company.

If the validity period of the power of attorney is not specified, it is considered valid for a year from the date of its signing.

Completed sample document

POWER OF ATTORNEY

I, citizen ______________________________, “___”______19___ year of birth, passport series ____ No. ______, issued by “__”___________ Department of Internal Affairs ______________________, ____________, registered at the address: ______________, st. ______________, __, apt. ___, with this power of attorney I authorize citizen___ _____________________________, “__”___________, born in 19__, passport series ___ No. _______, issued by “__”___________ ____ Department of Internal Affairs __________________, ______________, registered at the address: _____________, st. ___________________, ___, apt. ____ to be my representatives in all judicial institutions, with all the rights granted by law to a plaintiff, defendant, third party, including the right to: sign a claim, file a claim in court, file a counterclaim, acknowledge a claim, complete or partial waiver of claims , changing the amount of claims, changing the subject or basis of the claim, concluding a settlement agreement, signing an appeal or cassation complaint, filing an appeal or cassation complaint in court, receiving a writ of execution, receiving a decision, ruling or ruling from a court of any instance, appealing a decision court.

To carry out this instruction, I authorize citizen___ _________________________________________ to submit applications and other documents on my behalf, collect the necessary certificates and documents, sign for me and perform other actions related to the implementation of this instruction.

This power of attorney is valid until “___” _______________ 201__ (________________________________________________).

Powers under this power of attorney cannot be transferred to third parties.

___________________

This power of attorney was certified by me, a notary of the city _________________, ____________________________________________. The power of attorney was signed by the citizen_____ _________________________________ in my presence after reading the text of the power of attorney out loud. Her identity has been established and her legal capacity has been verified.

Registered in the register under No. _____.

State duties collected (at the rate) _________________________ rub. according to receipt No. ____ dated “___”_________ 201__.

Notary: ________________


Litigation is certainly a complex process, requiring large financial expenses and the personal presence of the plaintiff and defendant. But the parties involved in the statement of claim may not always be present in court in person. The reasons for the absence of an individual or individual entrepreneur from court may be the following:

  • Business trip;
  • Own illness;
  • Illness or death of someone close to you;
  • Long-term absence from the country for individual reasons.

As for legal entities, in fact the interests of the enterprise are represented by the general director. But it is more profitable for a manager to issue a power of attorney for one of the employees, rather than suspend the company’s activities for the sake of participating in court hearings.

In all the above cases, it is issued deed of trust. But what are the requirements for the preparation of this document? Is a notarized declaration necessary? What is its validity period? Let's talk about this in the article.

For an individual entrepreneur

List of documents

To issue a power of attorney to the Arbitration Court from legal entity You will need documents from the following list:

  • Charter of the enterprise;
  • TIN certificate;
  • OGRN;
  • Identity cards of the director and chief accountant of the enterprise;
  • Layout of the trust deed.

If the principal is individual entrepreneur, to issue a power of attorney, the following acts are required:

  • Extract from the registration register of individual entrepreneurs;
  • Passports of the parties.

To apply to the Arbitration Court on the basis of a power of attorney, you will need a statement of claim and documentation directly related to the case being examined during the trial.

Duration of the trust deed

A deed of trust for representation in an arbitration court can be either urgent or unlimited. Indicating the effect of the document in question in its text is not mandatory. If the period of legal viability of a power of attorney to conduct a case in an arbitration court is not specified, then this act is valid within 1 year. Maximum term the effect of the trust deed is 3 years.

Is notarization required?

Not every trust deed requires notarization. However, in the case of a power of attorney to represent interests in an arbitration court, notarization is required. This is due to the seriousness of the obligations placed on the trustee.

The authorized notary fills out the portion of the standard power of attorney form located below the principal's signature. This element of the document sent to the Arbitration Court has the following structure:

  • Date (in words) and place of notarization of the document in question;
  • Confirmation by a notary of the fact of certification and reading of this power of attorney in the presence of the principal;
  • Registration number in the register of notarial documentation;
  • Confirmation of the identity of the principal;
  • Indication of the amount collected by way of payment of the state duty, indicating the bank details (receipt or cheque);
  • Personal signature of the authorized notary with decoding (initials and surname).

Price the procedure under consideration is 250 rubles for the assurance itself and about 2000 rubles- for technical work. This tariff is valid for the period of 2018 and is approximate. Depending on the location of the notary’s office and the qualifications of its employees, the price for certification of a power of attorney for representation in an arbitration court may be higher or lower than the specified amount.