Power of attorney to participate in the appellate arbitration court. Power of attorney from sp. Rules for drawing up a 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.

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.). An individual entrepreneur or an individual, as well as a legal entity, an organization can act as a principal.

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 am a citizen of ______________________________, "___" _____________ 19___ year of birth, passport series ____ No. ______, issued by "__" ___________ of the Department of Internal Affairs ______________________ of ____________, 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 __________________ ______________, 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: ________________

Representation in court and arbitration process

According to the norms of Chapter 6 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the conduct of cases in the arbitration process can be carried out by the subject both personally and through an attorney. The interests of citizens, individual entrepreneurs and firms in court can be represented by lawyers and other persons providing legal assistance. Enterprises can delegate their employees to the judicial authorities on their own behalf, formalizing their powers accordingly. Cases of legally incompetent citizens in arbitration are conducted by legal representatives, who, in turn, can entrust these powers to attorneys.

At the same time, the following cannot act as attorneys in the arbitration process (Article 60 of the Arbitration Procedure Code of the Russian Federation):

persons with judicial status;
arbitrators;
investigators and prosecutors;
assistant judges;
members of the judiciary;
disabled persons;
persons under guardianship.

The powers to represent the subject in the arbitration judicial body are formalized with the help of a power of attorney, which is drawn up in compliance with the norms of the current civil (primarily Chapter 10 of the Civil Code of the Russian Federation) and arbitration legislation.

Power of attorney to represent in arbitration court

A power of attorney to represent interests in an arbitration judicial body, in accordance with the current legislation, must contain:

Details of the power of attorney, including the date and place of issue of the document, its name and serial number according to the internal numbering of the enterprise or notary, if we are talking about notarized documentation.
Full name of the company on behalf of which and to represent whose interests the power of attorney was issued, indicating:
- data and position of an employee entitled to sign such a power of attorney;
- names and details of documents that give the employee the right to sign a power of attorney.
Information about the subject to whom the power of attorney is issued, indicating the year of birth, passport data, address of residence.
The list of powers entrusted to the subject. As a rule, a generalized terms of reference is indicated first (for example, to represent interests at all stages of the arbitration process, including appeal and cassation), after which everything is deciphered in more detail. In particular, the list may include a transfer of the right to:
- signature and transfer to the judicial authority of the statement of claim;
- counterclaims;
- refusal in whole or in part from the stated requirements;
- reduction of claims;
- recognition of the claim, change in the subject or grounds of the stated requirements;
- conclusion of a settlement agreement;
- appeals against court decisions.
Information about its expiration date.
Information about the possibility of delegation of authority.
Signatures of both parties, seal of the organization (if any).

To whom can a power of attorney be issued?

A citizen, individual entrepreneur or organization can appoint as its representative only a capable person whose powers are formalized in accordance with the law.

If the representative is an individual entrepreneur or a company, you can issue a power of attorney:

An employee of the organization - an employee of the legal department, an economist, an accountant.
A person providing services on the basis of a civil law contract, for example, for the provision of legal services.
To a person who is neither an employee of the representative nor a contractor under a civil law contract.

Individuals may issue a power of attorney to represent their interests in the arbitration process to any capable citizen. It does not matter whether such a citizen has a legal education or not. It doesn't matter if he has a lawyer's status.

By itself, the lawyer's status does not make it possible to act in the process without a power of attorney, if the lawyer does not have a warrant for the execution of an order issued by a lawyer's education (Article 6 of the Law “On Advocacy ...” dated May 31, 2002 No. 63-FZ).

Don't know your rights?

Recall that some persons conduct business in the arbitration process without a power of attorney. For example, the head of the organization, arbitration manager. The same applies to legal representatives. For example, the parents of a minor child act on behalf of the latter on the basis of documents confirming their status (birth certificates). All other representatives must have a power of attorney.

Form of power of attorney

In the Arbitration Court, you cannot simply verbally name your representative. A power of attorney is recognized only in the form of a written authorization issued by one person to another.

A power of attorney for representation in an arbitration court on behalf of an organization is issued signed by its head and may be sealed (however, more recently, a seal has become an optional element of a power of attorney).

The notarial form is not required by law as mandatory, so the parties can certify it at will. So, in paragraph 7 of Art. 61 of the Arbitration Procedure Code of the Russian Federation states that a power of attorney on behalf of a citizen can be certified by a notary.

In any case, it is important that the power of attorney meets all the requirements imposed on it by Ch. 10 of the Civil Code of the Russian Federation.

As you can see, drawing up a power of attorney is not particularly difficult, but it includes a number of nuances that affect the further actions of the attorney. Download sample power of attorney for representation in arbitration court can be on our website.

More interesting information on the topic of the article - in the heading

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 by "__" _______ ____ _______________ (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, Ivashkin Viktor Andreevich 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 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

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, in 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:

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;

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 organizations with the right to submit, withdraw a writ of execution (other writ of execution), a collection order and other documents, as well as perform all actions related to these instructions, 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 ____________ ____________________________

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 (clause 5, part 1, 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 their legal status, enjoy equal rights, and also bear the obligations provided for by the APC 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 the 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 the general requirements for the execution of this representation.

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

on written authorization 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 the power of attorney;
on the duration 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 Ch. 10 of the Civil Code of the Russian Federation “Representation. Power of attorney".