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Publication date: 21.05.2024
What should be the form and content of the power of attorney?
A power of attorney, as a legal document, is a tool for delegating authority and determining legal actions that the representative must perform in the name and for the benefit of the principal. This document is governed by the legislation of Ukraine, in particular the Civil Code and the Procedure for Notarial Acts, which provides it with clear requirements regarding form and content.
Power of attorney form
The power of attorney form must meet the requirements defined by law for the relevant transaction. This means that the text of the power of attorney should be drafted in such a way that it clearly defines the subject and scope of the delegated powers.
Contents of Power of Attorney
Legal Actions: The power of attorney must clearly define the legal actions that the representative must perform on behalf of the principal. These actions must be legitimate, specific and feasible.
Identification of the Parties: The text of the power of attorney must contain full identification of the parties - both the principal and the representative. This includes surnames, first names, patronymics for individuals and full name for legal entities, as well as residence for individuals or location for legal entities.
Acts and Purpose: The power of attorney must clearly indicate the specific acts for which it is issued, as well as their purpose. For example, the power of attorney for concluding a gift contract must contain information about the recipient.
Other Requirements: Depending on the context, the power of attorney may contain other requirements, such as the registration number of the tax payer's registration card in cases where it is necessary.For powers of attorney issued in the name of lawyers, their status and membership in the bar association may be indicated.
Term of validity: The power of attorney must determine the term of its validity. If the term is not established, it remains valid until its termination in accordance with the law. The validity period of the power of attorney is indicated in words and determined by years, months, weeks, days.
Notary Certificate: Depending on the need, the power of attorney can be confirmed by a notary, which gives additional legal weight to the document.
Registration of powers of attorney
Mandatory registration in the Unified Register of Powers of Attorney is subject to power of attorney (including their duplicates), certified by a notary, power of attorney equivalent to notarized power of attorney, power of attorney certified by persons who, under martial law, have the right to certify them in accordance with the law, as well as information about the termination of their validity, in the order approved by the order of the Ministry of Justice dated 28.12.2006 No. 111/5. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Conclusion
A power of attorney is an important legal tool for delegating authority and performing legal actions in the name and for the benefit of the principal. It must meet the requirements established by law to be valid and effective.With careful consideration of all requirements for form and content, the power of attorney becomes a reliable tool for conducting legal affairs and carrying out legal actions.
