A sample of power of attorney to the bank from a legal entity: the type and rules of drawing up the document
Many companies, being often attracted proxies to solve various issues related to their financial activities. The management of the company for this gives its representative all the necessary powers. To do everything right, you must first carefully study the sample of power of attorney to the bank from a legal entity. After registration of such a document, the representative will be able to act freely on behalf of the company.
A sample of power of attorney to a bank from a legal entity is best viewed on a specific example. Representative from the company can be any person with legal capacity. But most often such a document is drawn up on one of the employees of the company, taking into account his official duties.
The employee may be charged with the following actions:
- receipt of documents, cash or any material assets;
- operations with deposits;
- opening or canceling bank cards;
- receipt of statements on the status of accounts;
- access to individual safe deposit boxes;
- opening and closing accounts;
- submission of payment orders;
- receipt of statements on cash flow on different accounts;
- performing other actions related to this instruction.
A similar document can be drawn up simultaneously for several persons. At the same time, the sample of power of attorney to the bank from a legal entity remains the same. In its text, only the mandatory details of the representatives chosen by the management of the enterprise for the execution of this order are added.
Financial issues of any company constitute its trade secret. Therefore, the management should be very careful about the issue of registration of this kind of power of attorney. It must be fully confident that the chosen representative will act in the interests and for the benefit of the enterprise.To confirm his special powers, a sample of power of attorney to the bank from a legal entity should be studied and a document compiled according to all the rules. In addition, you need to take into account a few more important points. Firstly, the head of the company itself, concluding an agreement with the financial structure, must necessarily fill out a card with a sample of its own signature. This will allow him to further endorse any documents or other papers for the bank, including powers of attorney. Secondly, it is necessary to clearly specify the terms of reference of the designated representative. Such restriction of access will allow the bank to avoid potential claims from the client in the future. After the document enters into force, a company representative can resolve all necessary issues without the personal presence of the principal.
Power of attorney
According to paragraph 1 of Article 185 of the Civil Code of Russia, any power of attorney must be in writing. It should be remembered that there is no unified form for such a document in domestic legislation.
Usually, an enterprise makes it arbitrarily, taking into account the mandatory legal requirements:
- According to clause 4 of Article 185.1 of the Civil Code of Russia, on behalf of a legal entity, a power of attorney is issued signed by the direct manager of the company or another employee who has the appropriate authority under the law or constituent documents.
- According to paragraph 1 of Article 186 of the Civil Code of Russia, such a document must contain the date of its preparation. Without this mandatory props, he is considered null and void. In addition, it is desirable to specify the duration of the power of attorney. If it is absent, then the representative’s authority is valid only for one year.
The form of power of attorney to the bank from a legal entity may be offered by the financial company itself. If there is no such template, the text is chosen arbitrarily. The main thing is that it contains the following mandatory information:
- Title of the document;
- date and place of issue;
- full details of the principal and his representative;
- list of powers;
- FULL NAME. and the signature of the principal, certified by the seal of the organization.
In addition, you must clearly indicate the name of the bank for which the written power of attorney is intended.
In the case when the principal is a legal entity, the signature of the immediate supervisor and the seal of the company is sufficient to certify the document. If we are talking about a bank, then there are questions about cash and material values, then the signature of the company's chief accountant should also be present with it. This information will be sufficient for the document to be valid. Usually it is compiled on letterhead, which already contains the full details of the company. But there are situations when it is necessary notarial power of attorney to the bank from a legal entity.
This need arises if:
- Transactions related to the transfer of debt or the assignment of claims.
- The power of attorney is issued with the right to transfer authority to another person. This does not include cases of referral in favor of branch managers or representative offices within a given company.
- Irrevocable power of attorney is issued.
- In the case of state registration of the transaction.
- A general power of attorney is being drawn up. This document allows a company representative to perform any actionsunless they are contrary to the requirements of the law.
Invalid verification can lead to the fact that the executed document will be recognized as legally void.
Power of attorney to represent interests in the bank deserves special attention. It is usually issued without the possibility of transferring these powers to another person. This phrase must be present in the text. A citizen or organization, being a representative of a particular company, solves all questions with the bank, taking into account the interests of its principal.
Moreover, these actions can be both one-time and permanent. In both cases, the bank will deal only with those persons whose details are specified in the power of attorney. No one else has the right to replace them. For example, the cashier has the right on behalf of the company to receive money in the bank for employees. This can only be done by him and by no other accountant. If for some reason a representative cannot do his job, then the company must draw up a new power of attorney and give it to another person. Alternatively, such powers may have its immediate supervisor - the chief accountant.If a similar situation occurred with a lawyer, then the company can use the services of another specialist, endowing him with appropriate powers.
Bank employees should clearly monitor who and what information they provide. It is not enough, for example, that the representative is simply a trustee for a particular company. Perhaps working with documents is not included in his authority. By transferring information to such a person, the credit institution thereby violates the confidentiality and secrecy of this information. This can lead to undesirable consequences for both parties. In order for a representative to have access to specific papers, the head of the company must issue a power of attorney for him to receive documents from the bank.
The list of powers should clearly define what information he has the right to receive or transfer to employees of a credit institution. This is a prerequisite that should not be ignored. For example, an employee who is instructed to receive only an electronic key cannot request the provision of an account statement. It is not within his competence.Therefore, bank employees should always carefully read what is written in the power of attorney.