Power of attorney to arbitration court sample. Power of attorney from IP

On company letterhead!

Power of attorney to represent interests in arbitration proceedings No. __

Moscow ________ 2016

Limited Liability Company ____________ represented by the General Director ______________ acting on the basis of the Charter, provides _______________ Full name ________ year of birth, citizenship: Russian Federation, gender: male, passport _________, subdivision code ___________, issued by the Department of the Federal Migration Service of Russia for the mountains. Moscow, Koptevo district, _____________, registered at: __________________________

the right to represent the interests of the Company:

1) in all state and public institutions, organizations, arbitration courts, arbitration courts, courts of general jurisdiction with all the rights granted by law to the plaintiff, defendant and third party in accordance with Art. 41, 62 APC RF, art. 35, 54 Code of Civil Procedure of the Russian Federation, including the following rights:

- to sign statement of claim, an appeal (cassation) complaint and a response to a statement of claim and an appeal (cassation) complaint;

- sign an application for securing a claim;

- refer the case to arbitration;

- declare a full or partial waiver of claims and recognize the claim;

- change the basis or subject of the claim;

- conclude (sign) settlement agreement;

- sign an application for the revision of judicial acts due to newly discovered circumstances and an application for the revision of a judicial act that has entered into legal force by way of supervision;

- to the application (refusal) of the falsification of evidence, and the right to exclude disputed evidence;

- to receive a decision (determination, resolution) of the court and a writ of execution;

- send and receive letters by mail;

- certify with your signature the documents submitted to the process;

2) in enforcement proceedings, with all the rights granted to the representative in accordance with the Federal Law "On Enforcement Proceedings", including:

— demand enforcement of a judicial act (without the right to receive funds and other property);

- present for collection and withdraw a writ of execution;

- appeal against actions (inaction), resolution and other acts of the bailiff;

3) in cases of insolvency (bankruptcy) in all state and public institutions, organizations, arbitration courts, with all the rights granted to the Company as a creditor in accordance with the Civil Code of the Russian Federation and the Federal Law "On Insolvency (Bankruptcy)", including: participate in the meeting of creditors and the committee of creditors;

4) be a representative in a bank and other credit institutions with the right to submit, withdraw a writ of execution (other executive documents), collection orders and other documents, as well as perform all actions related to these orders, including signing the necessary documents.

This Power of Attorney is issued without the right of substitution, for a period up to the thirty-first of December, two thousand and sixteen.

Signature of authorized person _____________________ ___________________ I certify.

CEO ____________ ____________________________

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

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 (with justices of the peace, arbitration courts, arbitration courts, courts of general jurisdiction, etc.). You can act as a trustee as an individual entrepreneur or individual, and legal entity organization.

In court, a person who has reached the age of 18 and is empowered to conduct cases in court can act as a representative. Judges, prosecutors, investigators, and assistant judges cannot act as proxies.

Rules for drawing up a power of attorney

In order to correctly fill out a power of attorney for representation in court, the following information should be entered in this document:

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

An individual can certify a power of attorney for legal representation before a notary. If the principal is a legal entity, then such a power of attorney does not need to be notarized. In this case, it must be certified only by the signature of the head and the seal of the company.

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

Completed sample document

POWER OF ATTORNEY

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

To fulfill this order, I authorize citizens ___ ________________________________________ 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 order.

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 aloud. Her identity has been established, her legal capacity has been verified.

Registered in the register under No. _____.

State duty collected (according to the tariff) _________________________ 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 not always the parties appearing in the statement of claim can be present at the court in person. The reasons for the absence of an individual or an individual entrepreneur from the court may be as follows:

Business trip;
own disease;
Illness or death of someone close;
Prolonged 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, and not to suspend the company's activities in order to participate in court hearings.

In all the cases listed above, trust deed. But what are the requirements for this document? Is a notarization required? What is its validity period? Let's talk about it 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 trustee is individual entrepreneur For issuance of a power of attorney, the following acts are required:

Extract from the register of individual entrepreneurs;
Parties' passports.

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

Duration of the trust deed

A trust deed for representation in an arbitration court may be both urgent and indefinite. An indication of the action of the document in question in its text is not mandatory. If the period of legal profitability of a power of attorney to conduct business in an arbitration court is not indicated, then this act is valid within 1 year. Maximum term the validity 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 imposed on the trustee.

An authorized notary fills out the part of the standard form of power of attorney, located below the signature of the principal. 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 in the order of payment of the state fee, indicating the bank details (receipt or check);
Personal signature of an authorized notary with a transcript (initials and surname).

Price of the procedure under consideration is 250 rubles for the assurance itself and about 2000 rubles- behind engineering works. This tariff is relevant 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.

Sample power of attorney to conduct business in the arbitration court, issued by a legal entity

POWER OF ATTORNEY
to litigate in arbitration

Granit Limited Liability Company, OGRN ______, TIN _________, represented by General Director Vasily Ivanovich Gruzdev, acting on the basis of the Charter, hereby authorizes

citizen Ivashkin Viktor Andreevich "__" _______ ___ year of birth, passport series _____ No. ______, issued "__" _______ ____ _______________ (indicate the name of the authority that issued the identity document), registered at: __________________,

represent the interests of Granit Limited Liability Company during consideration in the arbitration court at all stages of the trial, including when considering the case on the merits, in the appellate, cassation and supervisory instances, when reviewing judicial acts in the case due to new or newly discovered circumstances.

Within the framework of this order, Viktor Andreevich Ivashkin has the right to exercise all powers and perform all procedural actions on behalf of Granit Limited Liability Company, provided to the party in the arbitration process, including

the right to sign a statement of claim and a response to a statement of claim, to present it in court,
sign an application for securing a claim,
submit the dispute to arbitration,
counterclaim,
fully or partially waive the claims, reduce their size, recognize the claim, change the subject or basis of the claim,
conclude an amicable agreement and an agreement on factual circumstances,
appeal court rulings, including rulings, decisions,
sign applications for the revision of judicial acts on new or newly discovered circumstances,
appeal against the actions of the bailiff,
present and revoke a writ of execution and other documents,
sign on behalf of Granit Limited Liability Company
and perform other actions necessary for the execution of this order.

The power of attorney is issued for a period of ______________ month(s) ( option: year(s), years) with right ( option: not allowed) retrust.

General Director of LLC "Granit" Gruzdev Vasily Ivanovich / ____________ / (signature)

Registration of powers in the arbitration court

For registration and confirmation of the powers of a representative in an arbitration court, see Art. 61 of the Arbitration Procedure Code of the Russian Federation.

According to paragraph 7 of Art. 187 of the Civil Code of the Russian Federation, the transfer of powers by a person who has received these powers as a result of substitution to another person (subsequent substitution) is not allowed, unless otherwise provided in the original power of attorney or established by law.

Company seal

From 07.04.2015 business entities are not required to have a seal. For more details, see the attachments to the publication “Samples of powers of attorney from a legal entity and an individual. Types, form, terms of power of attorney»

Sample Power of Attorney to represent interests in the arbitration process 2018

Power of attorney to represent interests in arbitration proceedings No. __

Moscow ________ 2016

the right to represent the interests of the Company:

Sign a statement of claim, an appeal (cassation) complaint and a response to a statement of claim and an appeal (cassation) complaint;

Sign an application for securing a claim;

Refer the case to arbitration;

To declare a full or partial waiver of claims and recognize the claim;

Change the basis or subject matter of the claim;

Conclude (sign) a settlement agreement;

Sign an application for the revision of judicial acts due to newly discovered circumstances and an application for the revision of a judicial act that has entered into legal force by way of supervision;

To the application (refusal) of the falsification of evidence, and the right to exclude disputed evidence;

Receive a decision (determination, resolution) of the court and a writ of execution;

Send and receive letters by mail;

To certify with your signature the documents provided in the process .;

2) in enforcement proceedings, with all the rights granted to the representative in accordance with the Federal Law "On Enforcement Proceedings", including:

Demand the enforcement of a judicial act (without the right to receive funds and other property);

Present for collection and revoke a writ of execution;

Appeal against actions (inaction), resolution and other acts of the bailiff;

This Power of Attorney is issued without the right of substitution, for a period up to the thirty-first of December, two thousand and sixteen.

Signature of authorized person _____________________ ___________________ I certify.

CEO ____________ ____________________________

IP power of attorney

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

Individual entrepreneurs, as well as citizens, as well as legal entities, can conduct their business in person or through their representatives. Representation on behalf of an individual entrepreneur before third parties is executed 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 the arbitration procedural legislation, persons participating in the arbitration process must confirm their authority and verify their identity.

In particular, when applying to arbitration with a statement of claim, the Arbitration Procedure Code of the Russian Federation obliges to attach documents or a power of attorney to the claim confirming the authority of the person to sign the claim. Otherwise, in the absence of such a document and / or such powers, when the court considers the issue of accepting the statement of claim for proceedings, the judge first issues a ruling on leaving the claim without movement, and in case of failure to eliminate the comments, returns the statement of claim (paragraph 5 of part 1 of article 126 , part 1 article 128, paragraph 4 part 1 article 129 of the Arbitration Procedure Code of the Russian Federation).

Special requirements for a power of attorney to an arbitration court from an individual entrepreneur are (part 6 of article 61 of the Arbitration Procedure Code of the Russian Federation):

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

The procedure for certifying a power of attorney is regulated in Art. 185.1 of the 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 obligations 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).

At the same time, the court is obliged to check 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 file a copy of the power of attorney or other document certifying the authority of the person, or makes a corresponding note in the minutes of the court session. In the absence of a properly executed power of attorney to the arbitration court from an individual entrepreneur, the judge refuses to recognize the powers as duly executed and does not allow the representative to participate in the court session (Article 63 of the Arbitration Procedure Code of the Russian Federation).

When issuing a sample power of attorney from an individual entrepreneur to the arbitration court, one should remember the requirements of the APC of the Russian Federation, otherwise such an error can lead to negative consequences for the individual entrepreneur, up to losing the court case.

Download a 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 to which body and for what powers an individual entrepreneur issues a power of attorney, one should remember about general requirements required for the registration of this representation.

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

about writing authorization to represent 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 the power of attorney;
on the duration of the power of attorney. The term is not 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 get acquainted with all the requirements for issuing a power of attorney from an individual entrepreneur in Ch. 10 of the Civil Code of the Russian Federation “Representation. Power of attorney".

A power of attorney to conduct civil cases is issued by the principal to represent his interests in a civil court in courts of general jurisdiction, arbitration courts, including justices of the peace. In such a document, it is necessary to prescribe general and special powers that are transferred to a trustee. If the 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 an imprint of the seal of this organization is also affixed.