Hello!!! Tell me, on what basis does the HOA chairman have the right to certify the owners' powers of attorney? What documents should this be written in? and can he assure her, given to himself and to his friend the manager? Thanks!!!

• Question: No. 1494 of: 2015-02-03.

Hello, on the merits of your question, we can explain the following.

According to Part 1 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney is a written authorization issued by one person to another person or to other persons for representation before third parties.

The form of the power of attorney, as well as the need for its certification, differ depending on what powers are entrusted and to which persons the attorney will represent the interests of the principal.

According to Part 3 of Art. 185 of the Civil Code of the Russian Federation, a written authorization to conclude a transaction by a representative can be presented by the representative directly to the corresponding third party, who has the right to verify the identity of the person represented and make a note about this on the document confirming the authority of the representative.

Written authorization for a representative of a citizen to receive his deposit in a bank, to deposit funds to his account on a deposit, to perform transactions on his bank account, including receiving funds from his bank account, as well as to receive correspondence addressed to him in a communications organization may be presented directly to the bank or communications organization.

It follows from this provision that a power of attorney in a simple written form signed by the principal is sufficient to represent interests in these bodies. The norm does not say anything about the need to certify a power of attorney.

In accordance with Part 1 of Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney for making transactions requiring a notarial form, for filing applications for state registration rights or transactions, as well as to dispose of the rights registered in state registers must be notarized, except for cases provided by law.

The following are equated to notarized powers of attorney:

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for the medical department, and in their absence, by the senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, as well as powers of attorney of employees, their family members and members of the families of military personnel, which are certified by the commander (chief) of these units, formations, institutions or institutions;

3) powers of attorney of persons in places of deprivation of liberty, which are certified by the head of the corresponding place of deprivation of liberty;

4) powers of attorney of adult capable citizens who are in institutions of social protection of the population, which are certified by the administration of this institution or the head (his deputy) of the relevant body for social protection of the population.

Power of attorney to receive wages and other payments related to labor relations, to receive remuneration of authors and inventors, pensions, allowances and scholarships or to receive correspondence, with the exception of valuable correspondence, can be certified by the organization in which the principal works or studies, and the administration of the stationary medical institutionin which he is being treated. Such a power of attorney is certified free of charge.

Power of attorney on behalf of legal entity issued under the signature of its head or another person authorized to do so in accordance with the law and the constituent documents.

Other requirements for powers of attorney may be established by special laws.

According to Part 2 of Art. 53 of the Code of Civil Procedure of the Russian Federation, powers of attorney issued by citizens can be certified by a notary public or by the organization in which the principal works or studies, homeowners' partnership, housing, housing construction or other specialized consumer cooperativemanaging the apartment building, by the managing organization at the principal's place of residence, by the administration of the institution of social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (chief) of the corresponding military unit, formation, institution, military professional educational organization, military educational organization of higher education, if powers of attorney are issued by military personnel, employees of these units, formations, institutions, military professional educational organizations, military educational organizations of higher education or members of their families. The powers of attorney of persons in places of deprivation of liberty are certified by the head of the respective place of deprivation of liberty.

By virtue of Part 3 of Art. 53 of the Code of Civil Procedure of the Russian Federation, a power of attorney on behalf of an organization is issued signed by its head or another person authorized to do so by its constituent documents, sealed with the seal of this organization.

These requirements are established for the certification of powers in the courts general jurisdiction.

In the practice of courts, an additional document is usually required confirming the relationship with this HOA (for example: a certificate of ownership, registration in a passport).

Thus, in order to carry out simple transactions, a power of attorney is issued in a simple written form and is not certified by anyone. To receive wages, remuneration or correspondence, a power of attorney may be certified by the employer. For transactions requiring state registration or the disposal of property registered in state registers, certification of the power of attorney by a notary or persons equivalent to them is required. To represent the interests of a legal entity or individual entrepreneur before third parties or in court, the power of attorney is certified by the legal entity itself in the person of the head or an individual entrepreneur. To represent the interests of an individual in court, a notarized power of attorney or a power of attorney certified in accordance with the procedure specified in Art. 53 of the Code of Civil Procedure of the Russian Federation, including the HOA and the management company.

The head of the HOA or other person certifying the power of attorney cannot authenticate the power of attorney issued by himself.

The head of a legal entity is a person acting on behalf of a legal entity without a power of attorney.

Thus, the chairman of the HOA can certify powers of attorney for the right to represent interests in a court of general jurisdiction, issued to any person. The chairman does not need a power of attorney to represent the interests of the HOA. To represent the interests of a person in other bodies, excluding the courts, certification of the power of attorney by the head of the HOA is not provided.

Attention! The information provided in the article is current at the time of its publication.

Anna Sudak

Bsadsensedinamick

# Business documentation

Find out which types of powers of attorney must be certified by a notary and which are not. Download free sample documents.

Navigating the article

• Sample power of attorney to represent the interests of an individual in court
• General power of attorney to represent interests
• Sample power of attorney to represent an individual
• Sample power of attorney to represent interests in the bank
• Sample power of attorney to represent the interests of an individual entrepreneur (IE)
• What we certify with a notary

A power of attorney is the transfer of your authority to another person or organization. Such a document can be obtained by both a legal entity and an individual.

Such a document is drawn up in any form by hand or by computer typing.

The document must contain points that fully disclose its purpose.Namely:

• Title. Usually, this is the name of the document itself.
• What the trustee should do and how. It is imperative to indicate the date of writing the power of attorney, otherwise the document will not enter into force.
• Details of the one who trusts and the one who is trusted. If this is an organization, you should indicate the details of the company. If an individual, passport data (usually the first, second pages and registration).
• What rights do you transfer to a trusted person. That is, what exactly can the person to whom you have entrusted the solution of a particular issue can do on your behalf.
• The period during which the document has legal force (not always).
• The signature of the one who trusts.

Sample power of attorney to represent the interests of an individual in court

Power of attorney to represent interests in arbitration court (for administrative cases and not only) issued to a lawyer or any other person.

The power of attorney lists the powers that the authorized person has to resolve a particular issue in all the necessary state authorities. That is, the trustee can use all the tools of influence that the trustee has endowed him with.

Download sample doc

General power of attorney to represent interests

The maximum validity period for such a power of attorney is three years. There is no approved form of power of attorney for representing interests; it is drawn up in any form.

For example, let's take a form for receiving documents. It is not necessary to certify this document with a notary.

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Sample power of attorney to represent an individual

You issue a document of this type when you transfer the rights to an authorized person to represent you. For example, you cannot pick up a diploma from the university and want to delegate this task to your friend. You fill out the form, indicate what exactly you want from the trustee, certify it with a notary and get the result. Documents of this type are always notarized.

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If everything is simple with individuals, it is more difficult with legal entities. Little. Why? It's just that legal entities can transfer their powers to both other legal entities and individuals. The fundamental difference is in the form. Consider a sample of a typical document for transferring a power of attorney from a legal entity to a legal entity. Certification by a notary is necessary if the authorized person will:

• make transactions on behalf of the company for contracts that require notarization;
• perform actions within the framework of the rights recorded in the State Registers (for example, the sale of a land plot);
• have the rights to submit applications for state registration of transactions performed (for example, with real estate).

In all other cases, notarization is not required.

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And this is how a power of attorney looks from a legal entity to an individual:

Download sample doc

No company is immune from government audits. When conducting a company audit, the presence of general director not necessary, since a trusted person can also take the blow. Why not?

It is not necessary to certify this document with a notary.

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To transfer authority in resolving issues with the social insurance fund, you must issue a power of attorney to the FSS. In modern realities, the FSS is authorized to conduct inspections of employers, as well as administer a number of insurance premiums (including hospital and maternity). It is not necessary to certify this document with a notary.

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It will be needed to resolve issues related to vehicles in the traffic police and the police. It is not necessary to certify this document with a notary.

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Discharged in any situation where he takes part minor childstudent at school. Of course, if third parties are involved in the situation: grandmothers, aunts, uncles, etc. It is not necessary to certify this document with a notary.

This is how the form looks like:

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All the data of the two parties are indicated here: the one who trusts and the one who is trusted, as well as all the actions and powers of the authorized person are prescribed. This document is certified by a notary in two cases:

• if the power of attorney was issued by way of transfer;
• if the power of attorney is issued to represent interests in the tax office.

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Sample power of attorney to represent interests in the bank

Any organization has the right to trust whoever wants to represent itself in the bank. Regardless of status. This type of document (at a meeting of creditors or for other actions related to the banking structure) is one-time and long-term. It is not necessary to certify these documents with a notary.

For individuals:

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For a legal entity:

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Sample power of attorney to represent the interests of an individual entrepreneur (IE)

Drawn up to delegate authority to an accountant. Or an employee authorized to keep accounting. It is necessary for a business owner to relieve himself of obligations to the Federal Tax Service. But not only. It all depends on the actions prescribed in the power of attorney, entrusted to the shoulders of the trusted person. Certification by a notary is required by a document in two cases:

• if there is no IP stamp on it;
• if it is issued to represent interests in the tax office.

Download sample doc

Life is not easy as an accountant. Especially if the IFTS does not accept documents without a power of attorney. But this is not a reason to despair. After all, they are very simple to arrange. The main thing is that the principal wrote that all the documents that you submit for verification are relevant. This type of power of attorney requires certification by a notary.

Well, it will look like this:

Download sample doc

A power of attorney to the FAS is the right to represent a company in the Federal Antimonopoly Service. The main attribute is the company seal. This is how an example of filling out documents looks like:

Download sample doc

A letterhead is used for the document, on which all the details of the enterprise and the duties of the authorized person are prescribed in detail. Certification by a notary is optional.

Download sample doc

With the help of this document, you can solve all your dacha and land issues through a third party. Certification by a notary is not necessary if there are no transactions for the purchase, sale or lease of plots.

Download sample doc

What we certify with a notary

Most powers of attorney, according to Civil Code, can be written by hand, without notarization. But for some, a notary stamp is a must. Therefore, before you run to the notary, once again carefully study the type of power of attorney, what capabilities the document has after writing and, of course, whether the signature of the notary is needed for the document to have legal force.

Mandatory certification is required by powers of attorney issued for the purpose of making transactions for which the notarial form is a mandatory requirement. A complete list of such documents can be found in paragraph 2 of Article 185 of the Civil Code. The second option, when the signature of a notary is required, is the transfer of authority (with the exception of the situations described in clause 4 of Article 185 of the Civil Code) and the re-receipt of a certificate of state. registration of acts of civil status.

Only owners included in the register of an apartment building can be allowed to participate in the meeting. The list of owners who have the right to participate in the general meeting is drawn up on the basis of documents of title confirming the ownership of the residential (or non-residential) premises. The law does not specify which body draws up this list. It should be considered that the organization that manages the apartment building ( housing cooperative, homeowners' association, management organization, etc.).

It should be borne in mind that such a register is primarily needed in order to ensure the possibility of voting during a meeting both in person and in absentia. In addition, to notify about the holding of a meeting of owners of premises in apartment building you need to know who to send them to.

Based on Art. 48 of the Housing Code of the Russian Federation, the right to participate in the general meeting by the owner is exercised by the owner both personally and through his representative. The owner has the right at any time to replace his representative at the general meeting of owners or personally take part in the general meeting of owners of premises in an apartment building.

Article 48 ZhK RF. Voting at a general meeting of owners of premises in an apartment building

1. The right to vote at the general meeting of owners of premises in an apartment building on issues put to a vote belongs to the owners of premises in this building. Voting at the general meeting of owners of premises in an apartment building is carried out by the owner of the premises in this building both personally and through his representative.
   
2. The representative of the owner of the premises in an apartment building at the general meeting of the owners of premises in this building acts in accordance with the powers based on the instructions federal laws, acts authorized to do so government agencies or acts of bodies local government or a power of attorney drawn up in writing to vote. The power of attorney for voting must contain information about the owner of the premises in the corresponding apartment building and his representative (name or title, place of residence or location, passport data) and must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Article 185 of the Civil Code Russian Federation or certified by a notary.
   
3. The number of votes possessed by each owner of the premises in an apartment building at a general meeting of owners of premises in this building is proportional to his share in the right of common ownership of common property in this house.
   
4. Voting on the agenda items of the general meeting of owners of premises in an apartment building can be carried out by means of written decisions of the owners on the issues put to the vote.
   
5. Voting on issues on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only by means of written decisions of the owners on issues put to the vote.
   
6. When voting is carried out by means of written decisions of the owners on the issues put to the vote, votes are counted on the issues on which the owner participating in the vote has left only one of the possible voting options. The decisions made in violation of this requirement are invalidated, and votes on the issues contained in them are not counted. If the decision of the owner on the issues put to the vote contains several issues put to the vote, non-compliance with this requirement with respect to one or several issues does not entail the recognition of the specified decision as invalid in general.

The representative of the owner at the general meeting of owners acts in accordance with the powers based on the instructions of federal laws or acts of the authorized state bodies or local authorities or a power of attorney drawn up in writing. The power of attorney for voting must contain information about the represented and the representative (name or title, place of residence or location, passport data). The power of attorney to vote must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary. Analysis of this rule of law allows you to pay attention to the following circumstances:

• firstly, the owner has the right to participate in the meeting personally or through his representative;
• secondly, in the Housing Code of the Russian Federation, the representative of the owner of the premises is indicated in the singular. Therefore, several representatives of one owner are not entitled to participate in the general meeting of owners. In addition, the Code does not give the owner the right to divide powers between the representative and the owner himself. For example, the owner has the right to be present at the meeting together with his lawyer, but the lawyer will not have the status of a representative and the right to vote on the agenda of the meeting;
• thirdly, the owner of the premises can appoint a new representative (replace the representative), but the powers of the previous one will be invalid.

Section 185 Civil Code of the Russian Federation. Power of attorney

1. A power of attorney is a written authorization issued by one person to another person for representation before third parties. A written authorization to conclude a transaction by a representative may be presented directly to the relevant third party.
2. A power of attorney for transactions requiring a notarial form must be notarized, with the exception of cases provided for by law.
3. The following are equated to notarized powers of attorney:
   
   1. powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, senior or duty doctor;
      
   2. powers of attorney of military personnel, and in the points of deployment of military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander (chief) these parts, units, institutions or establishments;
      
   3. powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;
      
   4. powers of attorney of adult capable citizens who are in institutions of social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body for social protection of the population.
4. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizens' deposits in banks and to receive correspondence, including cash and parcels, can also be certified by an organization which the principal works or studies, the housing maintenance organization at the place of his residence and the administration of the inpatient medical institution in which he is being treated.
   A power of attorney for a representative of a citizen to receive his deposit in a bank, funds from his bank account, correspondence addressed to him in communication organizations, as well as to make other transactions on behalf of a citizen, specified in paragraph one of this clause, may be certified by the relevant bank or communication organization. Such a power of attorney is certified free of charge.
5. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached.
   A power of attorney on behalf of a legal entity based on state or municipal property to receive or issue money and other property values \u200b\u200bmust also be signed by the chief (senior) accountant of this organization.
   

The power of attorney from the owner - a legal entity must be certified by the seal and signature of the head of the legal entity, from the owner - an individual notarized or by the signature of the head and the seal of the organization that manages the apartment building. The text of the power of attorney to represent the owner at the general meeting of owners of premises in an apartment building must contain information on the date of the meeting and the provision that authorized person has the right to attend the general meeting of owners, take part in the discussion of any agenda items, vote on agenda items.

The powers of attorney are handed over to the secretary of the meeting and stored with the meeting materials. If the owner is not found in the register of owners of premises in an apartment building, the secretary of the meeting is obliged to check his documents of title confirming the ownership of the premises, and, if any, enter his data in the registration list.

It should be emphasized once again that the owner of the premises in an apartment building who cannot or does not want to participate in the general meeting himself can entrust his vote to his representative by issuing a power of attorney to him. Moreover, the owner retains the right at any time to replace his representative or personally participate in the general meeting.

Sample text of a power of attorney:

Power of attorney

Krasnodar city
"___" ___________ 20__

I _________________________________________________________________,

The principal has the right at any time to replace his representative at the general meeting of owners

or personally take part in a general meeting of owners of premises in an apartment building.

I certify the signature of the representative ____________________.

Head of the housing maintenance organization _________________ / __________ /

(the head of the organization in which the principal works, studies,
the administration of the inpatient medical institution in which the principal
is recovering)

The owner of the HOA is an employee, that is natural person, hired by the board of the partnership (Article 148 of the LC RF) for the professional management of the common household economy.

The functions of the manager are multifaceted, his area of \u200b\u200bresponsibility includes communication with service providers, contractors and other third parties. The manager has the right to represent the HOA only if there is a properly executed power of attorney (Article 10 of the Civil Code of the Russian Federation).

When is it needed?

The owner of the HOA must have a power of attorney in such cases:

1. signing contracts with contractors;
2. registration with resource suppliers of contractual relations, reconciliations, mutual settlements, etc.;
3. when solving issues in banks, tax service, customs authorities;
4. when representing the interests of the HOA in court, local administration, etc.

Before putting his signature on any serious document, the house manager must present a power of attorney from the HOA as confirmation of his authority.

By whom and for whom is it compiled?

The power of attorney is signed by the chairman of the partnership as a person entitled to sign without any confirmation (clause 4 of article 185.1 of the Civil Code of the Russian Federation) - the powers of the chairman are enshrined in the Charter.

Article 185.1. Proof of power of attorney
Item 4

A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents.

The power of attorney must be stamped with the seal of the partnership. A lawyer advising the HOA should be involved in the preparation of the document.

The power of attorney is drawn up, first of all, for the manager, but it can be issued for another individual. go legal. person, if it is necessary to carry out some important procedure.

A lawyer must be armed with the following documents:

Circle of institutions and legal entities. persons, as well as actions must also be listed in the power of attorney: the manager does not have the right to all actions on behalf of the HOA, since this type of power of attorney is not general.

Here, on the power of attorney, the signature of the manager and the validity period of the document are put (usually it is limited by the date of the end of the powers of the current board of the partnership).

The authenticity of the signature, as well as the power of attorney itself, is certified by the chairman of the board of the HOA, with a wet seal.

An incorrectly executed document will give a reason to recognize transactions, certificates, letters, etc. insignificant, therefore, ignorant persons should not undertake the preparation of a power of attorney.

Below is an example document:

To vote at the general meeting

If any owner is unable to personally take part in the general meeting of the partnership, then he has the right to delegate his right to vote to a legal representative by issuing a power of attorney.

Such a document is one-time, that is, it is intended to be used once for a specific purpose, which must be specified in the text.

When is it needed?

Every vote in making important decisions counts, as it can be decisive, therefore, absence from such an event is unacceptable and is not only the right, but also the duty of each member of the HOA.

1. the owner is going on a business trip, on vacation, for planned inpatient treatment, etc.;
2. a member of the HOA is unable to attend the meeting and vote in person due to illness.

Instead of himself, the member of the partnership delegates the bearer of the power of attorney.

By whom and for whom is it compiled?

Any citizen who has reached the age of majority and has legal capacity, has a passport, that is, it is not at all required that he be a tenant of the house, can act as a trustee.

Procedure for drafting

In paragraph 4 of Art. 185 of the Civil Code of the Russian Federation states that the following have the right to certify the signature and identity of the principal:

• in lived. office at the place of residence;
• at the place of work, study;
• in honey. institution, if treated in a hospital.

Section 185. General Provisions about power of attorney
Item 4

The rules of this Code on power of attorney are also applied in cases where the powers of a representative are contained in an agreement, including in an agreement between the representative and the person being represented, between the person being represented and a third party, or in the decision of the meeting, unless otherwise provided by law or does not contradict the essence of the relationship.

The most convenient way to issue paper is in a partnershipespecially if it is based in the same house. The principal must take his passport and the passport of his representative and come to the HOA office.

There they will issue a power of attorney form, on which you should enter the required information about the principal himself (name, passport details, address) and the same data in relation to the authorized person in empty lines.

At the bottom there is a line for the signature of the principal, and below it is indicated that the chairman of the HOA (name of the partnership, full name of the chairman) with his signature certifies the authenticity of the identity and signature of the principal.

It is also important that the period of validity of this paper is indicated (usually this is the day of the general meeting), as well as the date of compilation and an item informing that this document and powers cannot be delegated.

An example of a document in the photo below:

Providing the interests of the owner of the apartment

Those apartment owners who do not have the ability or desire to participate in litigation with the HOA, concluding contracts, clarifying the origin of the debt, etc., have the right to entrust the representation of their interests to another person. Based on Art. 61 APC RF, art. 53 of the Code of Civil Procedure of the Russian Federation, this type of power of attorney in this case must be drawn up by a notary.

A specialist from the notary draws up a paper, entering into it the personal data of the principal and the representative in their presence, in the body of the document specifies all those purposes for which the transfer of rights is carried out.

The notary also certifies with his signature the identity and signatures of both parties to the procedure, puts his seal. It is important that there is an indication of the possibility of transferring, sometimes the principal does not want the powers to be transferred to another person.

A sample document in the photo below:

Dates and fees

The validity period is regulated by Art. 186 of the Civil Code of the Russian Federation, which states: the end date is desirable in the power of attorney, but not required. The most important thing is that there is a specification of the date of registration, since it is from this date that the validity period begins.

Article 186. Term of power of attorney

1. If the term of its validity is not specified in the power of attorney, it remains in force for a year from the date of its execution.

   A power of attorney that does not indicate the date of its execution is void.

2. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of the duration of its validity, remains valid until it is canceled by the person who issued the power of attorney.

If the term is not limited in any way, then it should be borne in mind that in accordance with paragraph 1 of Art. 186 of the Civil Code of the Russian Federation, this document will be valid for no more than 1 year.

The amount of the state duty when issuing a power of attorney is regulated by Chapter 25.3 of the Tax Code of the Russian Federation, in accordance with which the amount of the fee for the procedure carried out by a notary on this issue in 2017 is equal to 200 rubles.

The power of attorney is a multi-type document, often used in the activities of the HOA. Without this paper, even the manager cannot be a legally authorized figure before third parties.

It is quite possible to delegate to a member of the HOA instead of himself his representative for general meeting with the right to vote, it is only important that the power of attorney is executed correctly.