Consular Service

April 29, 2020


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But if the third party knew or should have known of the termination of powers of attorney, this rule does not apply (Part 2 of Art. 189 Civil Code). After the termination of the warrant agent or his successor obliged to return the power of attorney to the principal or his successor (Part 3. 189 Civil Code). So, summarizing the above, once again remind you of what should turn its attention to the very third person, who addressed the power of attorney.

At Credentials that are based on powers of attorney, power of attorney determines that the required information: name, surname, patronymic, date of birth, place of residence is a natural person, the name and details of documents proving his identity. Checks are also indicated in the correspondence office of attorney committed representative actions, the availability of the date of the authorization and its validity period (not more than three years). If the term of the warrant is not specified, it is valid for one year. The power of attorney on behalf of the entity must contain the title, name and signature of the head, the seal legal entity. Power of attorney issued by way of transfer must be notarized. Powers of attorney issued by the heads of branches, are the powers of attorney issued by way of transfer, and therefore they also be notarized. Important detail: the power of attorney, made abroad, shall be sworn or legalized by the Department of Consular Service of the Russian Foreign Ministry.

And another thing: not to be confused authority to conduct transactions (such as signing a contract of sale of real estate) and the authority to represent the interests of (say, the state registration of the contract of sale of real estate). The contract can be signed by the seller or the buyer himself. A representation of their interests in the body for registration (submission and receipt of documents) they can trust others. Power of attorney for the state registration of rights must also be notarized, unless otherwise stipulated by federal law (Part 1 of Art. 16 of the Federal Law of July 21, 1997 122-FZ "On state registration of real estate and transactions with him "). In a power of attorney must be fully qualified, not only the surname, name and patronymic, place of residence, and year of birth and passport details of the principal, because the information needed to make a single State Register of rights (EGRP) and certificate of state registration of property rights.