General power of attorney for a car: how much does it cost in 2021

Summary

Questions

1. How much does a general power of attorney for a car cost in Kazakhstan?
1.1. Good day!!! You need to find out this from a notary in Kazakhstan - prices for notary services may differ.

2. How much does a general power of attorney cost for a car in the city of Rostov-on-Don?

2.1. Good afternoon, The power of attorney is issued by notaries. All notaries have different fees. Find a notary office in your city or just look for the cost on the Internet.

3. How much does a general power of attorney for a car cost in Samara?

3.1. How much does a general power of attorney cost for a car in Samara? You should check with any notary in Samara by phone. Good luck to you.

4. How much will a general power of attorney for a car cost?

4.1. Hello. From 800 to 1500 rub.

5. How much does a general power of attorney for a car cost?

5.1. Prices may vary, around 400 UAH.

How much does it cost to make a general power of attorney for a car and for how long is it issued?

Read answers (1)

6. How much does a general power of attorney for a car cost?

7. How much does a general power of attorney for a car cost for 3 years?

7.1. Good evening, Dmitry! According to clause 16, part 1, art. 333.24 of the Tax Code of the Russian Federation, for certification of powers of attorney for the right to use and (or) dispose of motor vehicles by other individuals, a state fee of 400 rubles is paid.

8. Approximately how much does it cost to obtain a general power of attorney to drive a car from a notary? Having it, does it not need to be included in the insurance or is it necessary? Thank you.

8.1. You need to sign up for insurance, Konstantin. The cost of notary services is from notaries.

9. I bought a car and want to make a general power of attorney for the sale, how much will it cost? And can I resell the car by power of attorney without registering it in my name?

9.1. A power of attorney costs around 1000 rubles. You cannot sell by power of attorney, but the person to whom you give the power of attorney can sell.

9.2. you can sell, check the price with a notary, at least 1000 rubles. no more than 2000 rub.

9.3. A power of attorney costs about 1,500 rubles. If the previous owner issues a power of attorney for you, you don’t have to register the car in your name.

9.4. To issue a power of attorney, contact a notary; each region has different prices. Approximately 1300-2000 rubles.

10. How much does a general power of attorney for a car cost, with the right to represent it to the insurance company?

10.1. Hello! 1200 rubles.

11. How much does a general power of attorney for a car cost?

11.1. Good afternoon Exactly 1000 rubles

12. Please, can a citizen of the Russian Federation give a general power of attorney for a car to a non-citizen of the Russian Federation, and how much will such a power of attorney cost?

12.1. Good afternoon. Yes, if necessary, you can issue such a power of attorney. The cost of a power of attorney is determined based on the tariffs of a particular notary.

13. Is it possible to invite a notary to your home to issue a general power of attorney for a car? How much will it cost?

13.1. You can invite a notary to your home to issue a general power of attorney for the car. You can find out how much it will cost from a notary. Prices are different for everyone.

13.2. Yes, you can invite. You can check the price at MGNP. Approximately 5t.r. departure plus 1.5 power of attorney. This is the minimum price.

Validity

The document states a validity period during which it can be valid. However, if the order is completed, or the owner himself sold the apartment without resorting to the services of an authorized representative, the document becomes invalid, regardless of its validity period. In addition, the invalidity of a power of attorney may be due to one of the following reasons:

death of the principal or attorney;
revocation of the power of attorney by the person who issued it;
refusal of the attorney to execute the order;
termination of the legal entity that issued or received the power of attorney;
bankruptcy and other reasons making execution of the order impossible.

The provisions for terminating the power of attorney for the sale of an apartment are specified in

Article 168 of the Civil Code of the Russian Federation

An invalid power of attorney cannot be used by an attorney; information about the occurrence of conditions for termination of the power of attorney must become known to the parties to the power of attorney and the notary who issued the document.

Instead of the owner of the apartment, his authorized representative or representative can participate in the transaction. To do this, the seller must issue a notarized power of attorney in the name of the attorney. A fee and payment for technical services are charged for the service of drawing up and certifying a power of attorney.

All possible grounds for complete termination of the period of validity of the power of attorney are specified in Art. 188 Civil Code of the Russian Federation. Within the framework of this article, we can indicate the most common grounds on which the legal relevance of a document can be abolished:

The formal trust agreement has expired.
Death of one of the parties to the transaction included in the trust document.
Complete liquidation of the enterprise that is the official trustee.
A company or person that previously issued an act with an expanded list of powers was declared officially bankrupt.
The principal decides to completely terminate the previously executed official power of attorney.

Another fairly important basis for annulment is the refusal of the person who received the trust rights to fulfill previously assigned obligations written on official paper.

The “General” is valid for the period for which it is concluded, but can be terminated prematurely in the following cases:

cancellation of paper by the principal;
termination of existence of a legal entity (being an attorney or principal);
refusal of the attorney from the obligations assigned to him;
death of a trustee;
death of the principal;
recognition of the incapacity of one of the parties;
restriction of legal capacity of one of the parties to the transaction.

The validity period of the “general agreement” begins on the day of its signing. Most documents include this clause, but if it is not there, then the paper is valid for 12 months. The maximum possible period for issuing general powers of attorney is up to three years. If desired, the principal can terminate the contract before the expiration date. Also, the agreement becomes invalid in the event of the death of one of the participants in the notarial transaction.

Is it possible to revoke

The person who issued the power of attorney has every right to revoke it unilaterally. To do this, you need to write an application indicating the series, number, date of issue, and validity period of the document being revoked. It is not necessary to write the reason for the review. Next, you need to contact the lawyer who certified the paper; if that doesn’t work, another notary office will do. Upon completion of the revocation procedure, the notary is obliged to inform the trustee and other participants in the transaction about the termination of the agreement.

If the lawyer cannot do this within the time frame you need, notify everyone yourself. Your actions with the property will be illegal and may be challenged in court if the authorized person is not informed of the termination of the contract. It is possible to avoid the emergence of controversial issues by taking a receipt from the parties to the transaction stating that everyone has been notified and no longer has the rights and powers that were assigned to them by the document.

Registration of a general power of attorney for an apartment may or may not include a specific validity period. The most optimal is 1 year or 3 years. If the period is not specified, then after 12 months it will be canceled automatically.

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A general power of attorney can be revoked by a special application, which indicates the citizen’s desire for revocation. Such cancellation can be made absolutely at any time during the entire period of use of the document.

Sample general power of attorney for a car

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So, as we said above, to issue a general power of attorney, you need to contact a notary who will attest to the fact that you have personally and voluntarily granted a third party the right to dispose of your property, and the notary uses your standard document form. However, if you still want to know its approximate content, then below is a sample of a general power of attorney for a car.

"POWER OF ATTORNEY

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The fifth of February two thousand fifteen

Khabarovsk city, Khabarovsk region

I am a citizen of the Russian Federation Fadeev Maxim Leonidovich, born on March 12, 1987, passport 1111 111111, issued by the department of the Federal Migration Service of Russia for the Khabarovsk Territory on August 3, 2004, division code - 111-111, living at the address: Khabarovsk city, Pushkin street, building 12, apartment 21,

I AUTHORIZE

citizen of the Russian Federation Pavel Sergeevich Maksimov, born on May 14, 1986, passport 2222 222222, issued by the department of the Federal Migration Service of Russia for the Khabarovsk Territory, date of issue - 02/01/2001, unit code - 222-222, living at the address: Khabarovsk city, Polyarnaya street, building 17 , apartment 65,

drive and operate a vehicle (model, make, identification number, state registration plate, year of manufacture, engine, chassis and body numbers), in accordance with vehicle passport No. 111111 dated November 11, 2011, owned by me, monitor the technical condition the specified vehicle, represent my interests in the traffic police on issues related to the vehicle, including when registering or deregistering it. And also: sell, change a vehicle, change its color, carry out inspections and change registration data, receive duplicate documents, take out insurance and receive insurance payments, act as my representative in courts and other government agencies in the event of an accident, compensate for damage caused to third parties persons to submit, receive and sign any documents related to the implementation of this instruction.

The powers provided for by this power of attorney cannot be transferred to other persons. The power of attorney was issued without the right of substitution for a period of 3 years.

Signature: (personal signature of the principal) Fadeev Maxim Leonidovich.

Russian Federation, Khabarovsk region, Khabarovsk city. The fifth of February two thousand fifteen.

This power of attorney is certified by me, Alla Vitalievna Krikunova, a notary of the city of Khabarovsk. The power of attorney was signed by Maxim Leonidovich Fadeev in my presence. I have verified the identity and capacity of the principal, and the consequences of issuing a power of attorney are explained.

The power of attorney is registered in the register under No. ___.

Amount charged at the rate: ___."

It is important to emphasize that even if you bring a ready-made power of attorney form to the notary and ask to have it certified, this will only be possible if you have not put the date of its preparation and personal signature. These actions must be performed only in the presence of a notary

Powers of the authorized person under the “general”

The document may indicate any rights transferred by the owner of the vehicle to the actual buyer. Typically, a power of attorney gives the right to:

to drive the car;
dispose of it: conclude a lease agreement, sell it to anyone, pledge it to credit organizations, exchange it. If the power of attorney does not have the right to sell, then the order cannot be indicated among the rights;
act as a representative in government bodies of any kind, in judicial and law enforcement agencies;
issue a power of attorney for other persons at your own discretion (the validity of such “secondary” documents terminates simultaneously with the expiration of the main power of attorney).

The text of the general power of attorney also indicates the right to obtain insurance, pay traffic police fines, transport taxes, and the right to carry out necessary car repairs. In fact, these rights are simultaneously the responsibilities of the new owner of the vehicle. The right to conclude a gift agreement can be indicated in a general power of attorney only if the specific details of the donee (full name, year of birth) are specified. It cannot indicate the right to bequeath a vehicle.

Power of attorney for a car

What does a 2021 car purchase agreement look like?

In different life circumstances, it is necessary to transfer rights to your property to a third party.

When it comes to a vehicle, there are several types of powers of attorney that are used in specific situations:

One-time power of attorney. It assumes the ability for someone to legally perform an action once on the owner’s car. For example, if you need to register a car or issue an insurance policy.
Special power of attorney. The authorized person performs a certain type of action periodically. For example, a wife issued a special power of attorney for her husband to undergo annual maintenance.
General power of attorney. Transfers to the recipient practically unlimited rights to property, and also imposes a number of obligations. Only such a power of attorney for a car comes with the right to sell.

The third option is most often used when making transactions of purchase and sale of movable property.

Advantages and disadvantages of using a general power of attorney

Using a general power of attorney in the process of selling a car has its positive and negative sides. As for the first, an undeniable advantage will be the absence of the need to stand in numerous queues.

In standard mode, to complete a transaction you need:

conclude a bill of sale agreement with the seller;
pass technical inspection and issue compulsory motor insurance;
pay the state fee.

If it is planned to deregister the car and change the license plate, then in addition there will be these procedures.

Based on this, the main, and in many ways the only, advantage of selling under a general power of attorney is formed.

Buyer's rights under a general power of attorney

The text of the power of attorney is drawn up both independently and with the involvement of notaries. With the second option, the document will be more literate from a legal point of view, but in both cases there is a limited list of rights that the seller gives to the new owner.

These include:

The right to drive a vehicle.
The right to dispose of a car (renting, selling, exchanging, etc.). As a consequence of this, you receive money for any of the transactions.
The right to control the technical characteristics of the machine.
The right to represent the principal in various authorities when considering issues related to the transferred vehicle.
The right to payment of all fines, taxes, as well as registration of an insurance policy.
The right to change the technical characteristics of the car, from license plates to color.

Some of the rights represent obligations that are imposed on the recipient of the car under a general power of attorney. The problem is that they are not always fully implemented.

Restrictions associated with a general power of attorney include:

will of the car, this right remains with the owner of the car;
registration of a deed of gift, this rule changes when the names of those people to whom the gift is given are indicated in the document.

Along with extensive rights, there are responsibilities and restrictions that must be taken into account when concluding transactions. A general power of attorney for a car with the right to sell it assumes that the authorized person has the right to make a purchase and sale transaction, but the proceeds will go to the owner unless another agreement is reached between them.

Advantages of registering a document with a notary

The principal takes quite a serious risk here. For this reason, a deed of trust for real estate should be drawn up exclusively under the supervision of a professional lawyer. The agreement must include all necessary restrictive clauses.

This will allow maximum protection of the legal rights of the official owner of the object transferred to the disposal. The validity period of such a general power of attorney varies. It is established exclusively after negotiations between the parties, and then it must be written down in the document.

How to write correctly

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The main thing is to enter all the standard information displayed in clear and understandable handwriting. The organization accepting the power of attorney should not have any claims. It is legally determined that a power of attorney can be written in any form. The rules for issuing a power of attorney are prescribed in the Civil Code of the Russian Federation. A power of attorney can be notarized or ordinary.

In the first case, notaries have their own special forms on which they draw up this type of document.

If the principal is an individual, you can draw up a power of attorney on a regular sheet of paper.
When the principal is a legal entity, the official form of the organization should be used.

There are many types of powers of attorney, so they differ in content.

However, there is a set of mandatory data that must be present in any power of attorney - “heading”, “body”, “conclusion”.

Namely:

"A cap":

the title of the document is “Power of Attorney”;
Date of preparation;
place of compilation.

"Body":

personal data of the person trusting: last name, first name, patronymic;
Date of Birth;
detailed passport data (series, number, where, by whom, when issued, unit code, place of registration);
personal data of the person who is trusted to perform certain actions;
the text of the power of attorney itself (what exactly is being trusted, for how long).

"Conclusion":

personal signature of the trustee.

When a document is issued by an organization, it is necessary:

indicate the full name;
the registered full name of the manager (sometimes his passport details - but the requirement is not mandatory);
detailed details: INN, OGRN, legal address.

The power of attorney is written in the language of the country where it is valid. Sometimes it is necessary to prepare powers of attorney for several people at once. In this case, the Civil Code allows you to formalize everything on one form. All representatives are listed sequentially, indicating all fiduciary actions for each. And each of them can perform only the functions listed for him in the power of attorney.

The content of a power of attorney for motor vehicles includes an accurate and detailed description of the actions that are entrusted to the authorized person to perform. It is precisely what is stated in the document that the authorized person will be given the right to.

It is necessary to indicate how long the document is valid for. It can be very different - at the discretion of the principal.

REFERENCE! A power of attorney cannot be valid for more than three years (Article 186 of the Civil Code)! At the end of this period, you need to sign a new one.

If for some reason the document does not indicate a period, then by default it is valid for a calendar year from the day it was signed.

Read about how to draw up a power of attorney for a car to perform actions abroad.

We also invite you to read about the features of drawing up a document for handing over a car for service and for moving a vehicle.

So, let us note again that:

From October 24, 2012, a handwritten power of attorney for the transfer of driving rights is no longer required only when driving a car and passing document checks.
In all other cases (technical inspection, issuing an MTPL policy, ordering and receiving duplicate state license plates, releasing a car from a parking lot), it remains relevant, so it is better to stock up on it in advance and always have it with you when driving a car.
Do not forget about important points when drawing up a power of attorney, such as the date of preparation and the signature of the owner (without them the document is not valid).

Good luck on the road!

How is a power of attorney issued?

The execution of a document consists of its proper preparation and notarization.
A serious approach is very important here. This is directly related to a large number of risks. The principal is automatically subject to it by transferring, by proxy, truly unlimited rights in relation to property to another person. It is not at all difficult to obtain a document from an experienced notary; the main thing is to ensure that certain rules are followed. The paper is drawn up on a special form, which is issued at the notary's office. To make the procedure under consideration as easy as possible, it is worth preparing in advance a special draft of a carefully thought-out trust deed. You will need to take it with you to the notary.

https://www.youtube.com/watch?v=8f9NTayv30M

An act aimed at granting all powers must contain such mandatory clauses as:

The name of the paper is General Power of Attorney.
The date and place of execution of the agreement are written in capital letters.
Official identification data of participants - full name, passport details, registration.
The text itself with a list of all powers transferred to the authorized person.
Designation of the dates of the time period during which the executed agreement will be legal from a legal point of view.
The signature of the person who transferred the property to the disposal and its decoding.

The process of preparing the necessary paperwork and its standard certification takes about an hour. The described category of documents can be different - from an individual, from a legal entity and property.

Disadvantages of selling a car on a general basis

When selling a car under a general agreement, the principal can cancel it at any time or entrust the disposal to third parties

What a “general” deal is is very clear, but such an agreement carries possible troubles for each party. The buyer may suffer to a greater extent, because he risks his money, leaving the car in the ownership of the principal (in this case, the seller).

Disadvantages for the buyer

The rights of the trustee are limited to the duration of the power of attorney. The buyer cannot independently extend its term; this right is given exclusively to the principal. In the case of drawing up a document with the right to delegate to third parties, the buyer can give his power of attorney only for the period limited by the original document. The owner (principal) can cancel the power of attorney at any time or entrust the management of his car to third parties. In this case, the owner has the right not to indicate the reasons for his decision and not to give explanations. When a trustee resells a car, the owner (trustee) can demand the proceeds for it. The owner can pledge his property, and this gives third parties the right to claim their right to the vehicle. In the event of the owner's death, the right to own and dispose of the car is transferred to his legal heirs. The power of attorney is terminated if the principal is declared insane, or missing, or deprived of legal capacity. Ownership of a car may extend to other persons. For example, the principal’s wife makes a claim for half the proceeds of the car after the sale.

A similar situation may arise in the case of divorce proceedings between spouses. Debts, bad credit history and other similar factors can lead to the confiscation of the car from the principal and alienation of the property. A general power of attorney for a car does not give the authorized person the right to register the vehicle in his name. This case implies the transfer of rights to a third party who will complete the purchase and sale transaction. If the vehicle was wanted or stolen, it will be confiscated, and the statements of the new owner will not be taken into account, since he is not the owner. In the event of an accident, the trustee will not be able to use the car as compensation to cover damage to third parties. And if the accident occurred due to the fault of a third party, and this person does not agree with the assessment and does not want to voluntarily compensate for the damage, then in order to file an application with the court, in this case a separate power of attorney from the owner of the vehicle will be required.

Cons for the seller

Being the owner, the principal is not exempt from paying tolls and other taxes associated with owning a vehicle. You can only hope that the buyer will pay these costs if you trust in the latter’s integrity.
Traffic violations recorded by automatic recorders will be sent in the form of fines to the true owner of the car.
In the event that a buyer, registered under a power of attorney, flees the scene of an accident, the first person to communicate with the police will be the owner (principal).

Cost of canceling a power of attorney

For standard registration and subsequent receipt of a general power of attorney, you will need to pay a certain amount. Special prices are set here. 250 rub. worth the reassurance. Approximately 2000 rubles. will need to be paid for technical work.

This is an approximate cost. In fact, the exact amount may be lower or higher than stated. More accurate prices set for registration will depend on the experience of the notary who is involved in the registration, on the status of the notary office itself where the registration is carried out.

When a power of attorney is no longer necessary, no matter for what reasons, the principal can cancel it at any time. A nice bonus is that this procedure is free, although considering how much a general power of attorney costs, this fact is not unexpected.

Although it all depends on which particular notary you contacted. Some specialists offer a paid service for revoking a power of attorney. The easiest way is to take and tear up the document itself, but if this is not possible, especially when it comes to a power of attorney in the name of a realtor, it is better to use notarial assistance and officially revoke the document.

At the same time, the authorized person is notified that he has lost the right to perform representational services, and his powers have been terminated. In this case, he must return the paper to the principal or the notary, depending on what is more convenient for him. If the paper is not returned, the principal remains at risk of being deceived, especially if the power of attorney is issued to a stranger.

Procedure for issuing a general power of attorney

To issue a general power of attorney for a car, the presence of the principal and passport data in the form of a photocopy of the first page of the authorized person is sufficient. A licensed notary can both fill out and certify a document. At the stands, as a rule, a sample is presented, according to which the owner of the vehicle draws up his document.

The whole process takes a little time and involves both reconciling the data and confirming its veracity. If errors are found, the document will need to be rewritten. The downside is that, despite the simplicity of the service, you have to pay for it.

The average cost of notarization is 400 rubles. This price varies depending on the region and the popularity of the notary office. If you request assistance in drafting a document as an additional service, the additional fee will be 800-1200 rubles. For individuals the cost is lower than for organizations.

The price also varies depending on the region:

in cities reaches 3000-4000 thousand rubles;
in the regions they will not charge more than 1000 for a similar service.

A lawyer has the right to set any price for his powers, so before certifying a document, it is advisable to clarify the price list for services. The sale of a car under a general power of attorney is not subject to additional payment.

Documents for registration

Since the execution of a general power of attorney is unilateral, the documents required to write it include:

passport of the principal - the one who transfers the rights to the vehicle;
a copy of the passport of the authorized person - to whom the car is transferred;
documents for the car itself: PTS and STS.

You can write a power of attorney either using a special instruction form or simply on a blank sheet of paper. When writing a general power of attorney, a complete list of transferred rights and obligations is indicated and a signature is placed. Any inaccuracy or error may become grounds for invalidating the document. It is recommended that the text be drafted in the presence of a licensed lawyer.

When specifying information about a car, you must enter the following data: make, color and model; registration number and engine number; date of its manufacture and place of registration. Filling out all information is mandatory.

Term and grounds for termination

If the document itself does not provide otherwise, then such a document is drawn up for one calendar year, for example, 2021. The countdown begins from the next day after signing.

Also, a power of attorney may become invalid earlier than the specified period in the following cases:

The principal revoked the document. The revocation of the document must be accompanied by preliminary notification of the authorized person and the traffic police authorities at least one week in advance.
The trustee refused to accept the rights. If for some reason the authorized person does not want to accept the car, then the person must formalize the refusal in writing. In this case, the general power of attorney will be invalid.
One of the parties to the transaction died, went missing, or was declared legally incompetent. This applies to both parties. Upon the death of the trustee, the title to the vehicle passes to the actual owner of the vehicle. And upon his death - to his heirs.
Bankruptcy of the principal, as an individual or legal entity, accompanied by the cancellation of the right to write powers of attorney for third parties. Both real estate and all movable property are confiscated from the bankrupt.

The process of revoking a document is regulated by the civil code of Russia and involves informing the traffic police about it. The heirs are also required to do the same if they wish to take ownership of the car. If no official notification has been received by the trustee and the police, the transaction is considered valid.

The transfer of ownership occurs only upon execution of a purchase and sale agreement, exchange or inheritance. No power of attorney implies this. A deed of gift also transfers rights to property, but it is issued only to close relatives.

What functions does a trustee perform?

Based on the characteristics of the agreement, content and amount of powers, powers of attorney are divided into three main types:

One-time. It gives the authorized person the right to perform a certain action once. For example, to receive monetary values (salary, pension) when the principal cannot do this on his own.
Special. With such a document, the attorney is authorized to perform the same action several times.
General (general). Gives the trustee the opportunity to legally dispose of, manage the trustee’s property, and perform various manipulations with it.

For all powers

This type of contract provides the attorney with absolutely all the opportunities available to the principal. The authorized person can:

act on behalf of the person who issued the document in all instances, without restrictions on forms of ownership;
resolve issues, sign documents with any individuals;
manage the tangible and intangible property of the first person (receive salaries, pensions, transfers, enter into a will, read letters and respond to them);
act on behalf of the principal in any area of activity.

Are you interested in how to issue a general power of attorney for everything? To begin, select a trusted person, prepare his passport details, other documents (for property rights, registration certificate for a car), make several copies of all papers. Next, contact a lawyer who will provide you with a general power of attorney form for all powers, formalize the transaction in accordance with all requirements and certify copies. After carefully reading the text of the general power of attorney, all that remains is to sign and give it to the authorized person.

For car

This type of power of attorney is the most common; the subject of delegation under such an agreement is the following powers:

exchange, sale, disposal of vehicles;
deregistration with state traffic inspectorates;
transfer of the vehicle to a third party;
other actions at the disposal of the vehicle.

When issuing a “general registration” for a car, the seller must take into account the fact that until the buyer changes the documents in his name, tax receipts and fines will come in his name. The most unpleasant moment is that the authorized person may get into an accident (with casualties, damage) and flee the scene. Then the police will come to the seller to sort it out.

A buyer who does not re-register a car after signing a general contract also risks it. The seller can revoke the document at any time and take the vehicle; in the event of his death, the right to own the car will be inherited by the heirs. If the buyer dies, the contract becomes invalid and the vehicle returns to the seller.

For real estate

The general agreement for real estate gives the attorney the following rights:

prepare and execute any documentation on behalf of the principal (lease agreement, donation agreement, purchase and sale agreement, exchange agreement);
resolve all bureaucratic issues and organizational problems;
personally participate in transactions and sign.

Often such a notarial document is issued for a specific property with an address, a clear description of the apartment, house, and information about state registration. It is also necessary to draw up a list of all powers over real estate transferred to the attorney, thereby outlining the legal framework within which he can act. An important nuance is that it is impossible to register someone in an apartment using a “general” license.

The general agreement, under which a legal entity represents an individual before others, must be executed in writing. It is necessary to have the signature and seal of the head of the company, the signature of an authorized person, and the date of signing the document. All information in this legal paper can be presented in a business style, without errors, blots, or corrections.

A power of attorney for the transfer of powers from a private person is one of the most common documents of this kind. The recipient of the right can be either an individual or a legal entity. The execution of the act in this case is also standard. The validity period of such an agreement may vary. Time periods vary depending on such important factors as the purpose of the paper and the object being transferred.

A document granting the interests of a legal entity is drawn up according to the usual plan. In essence, this is the same power of attorney issued by an individual, only more expanded. The document is drawn up for the following categories of representatives:

Employees of the company holding serious positions.
Shareholders and founders of the company.
Lawyers and advocates who conduct official long-term private practice.

Through this document, the person entrusted with trust has the right to carry out such actions as:

Conducting any transactions with real estate of organizations.
Representation of the legal interests of the enterprise in various courts.
Interaction with government and non-government organizations on behalf of an official legal entity.

There are some peculiarities in the appearance of the document itself. In addition to the important factors characteristic of a regular power of attorney, it must contain the following important information:

Information about the statutory provisions of the organization.
OGRN.
Official Taxpayer Identification Number.

A document from a legal entity is issued strictly for three years.

To register a trust deed drawn up in accordance with all the rules with all powers, you will need to prepare special papers:

Passports of all parties or official details if these are legal entities.
A detailed list of granted powers, listed item by item.

If real estate is involved in the executed agreement, special title documentation may be required for the trust property.

When granting the right to another person to act on their behalf, most citizens prefer to issue a general power of attorney through a notary. A document that is correctly drawn up and executed in accordance with all the rules is accepted by all authorities. It is difficult, almost impossible, to dispute. At the same time, the power of attorney can be revoked at any time. Upon request of the represented person, the notary will cancel it.

In addition, when certifying a document, all the consequences of the action taken are explained to the principal and the person who will represent it. One copy of the general power of attorney remains in the notary’s office, so if the document is lost (theft, fire, other force majeure circumstances), it can always be restored and cannot be forged.

Our notary office is located in the center of Moscow and is open daily, including weekends and holidays. For the convenience of visitors, opening hours on weekdays have been extended until 21:00, which is convenient for those who can only visit a notary in the evening. You can leave a request on the website or call us by phone to arrange a meeting time in advance, clarify the cost of the service and what documents need to be submitted to issue a general power of attorney.

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A power of attorney for the purchase and sale of an apartment is an official document drawn up on the basis of Articles 182, 185 of the Civil Code of the Russian Federation, by the parties:

the principal or owner of the apartment;
the seller's attorney or authorized representative.

Only a document for real estate transactions that is certified by a notary is considered valid.

This type of documentation has varieties, depending on:

on the scope of powers that the seller delegates to his attorney to conduct the transaction;
depending on whether a legal entity or an individual is the principal.

Therefore, according to the form, trust documents are divided into:

for general ones;
simple: special and one-time.

A general power of attorney provides maximum powers when the owner’s attorney can deal with the purchase and sale of an apartment at his own discretion, making independently important decisions regarding the transaction. General powers of attorney are safe if they are issued by the developer company to the trustee for the systematic sale of apartments in new buildings, and also when transferring powers:

close relative;
to the legal entity (realtor) with whom the service agreement has been concluded.

In other situations, when the attorney is not a relative, or the company is in doubt, it is best to choose simple powers of attorney.

When transferring a general power of attorney to an unfamiliar person, apartment owners are more likely than under other circumstances to encounter cases of fraud.

A special power of attorney is drawn up by the parties for a specific transaction, in which information about the parties to the purchase and sale agreement (SPA) is known, and the price of the object for which it will be sold is established. It can take the form of several specific actions. For example:

collection of documents;
signing the contract;
transfer of documents for registration.

In a simple power of attorney, these actions must be clearly stated, since the regulations for their execution are mandatory and do not allow actions at one’s own discretion, as in a general power of attorney. This type of power of attorney can also be issued by both individuals and legal entities.

If the contractor is given one-time instructions when participating in a transaction, he may be issued a one-time power of attorney. Such a document is presented once at one of the authorities, after the execution of the order it is taken away and filed with the documents. Usually it is required in a situation where it is necessary to replace the seller once, or when a certain action was missed when planning a transaction and drawing up a power of attorney.

One apartment owner can issue simple powers of attorney to different persons, distributing among them the procedure for concluding a transaction.

The cost of a power of attorney prepared by a notary consists of two components:

tariff for notary services (state fee);
payment for technical work.

Technical work is carried out by a notary on a paid basis. The tariff allowed for pricing is regulated by the Notary Chamber of the Russian Federation, depending on the region and location of the notary's office. Accordingly, it may vary in different localities.

Possible risks

Quite often, a document is used as one of the ways to sell a vehicle when the interaction occurs between two people who are not related to each other. And in this situation, registration of the State Duma is a risky undertaking for both parties. If we talk about the car owner, then we are talking about the following unpleasant moments that can happen:

The authorized person gets into an accident with serious consequences (damage to the health or property of third parties is caused) and flees the scene or uses the car to commit any criminal crime. Since law enforcement officers often do not have accurate information regarding who exactly was driving the vehicle, certain questions and suspicions will arise regarding the owner of the car;
The authorized representative does not pay legally established taxes on the car and does not pay fines for traffic violations (exceeding speed, driving without license plates, etc.). All receipts will ultimately be addressed to the owner of the vehicle (despite the fact that he may not know anything at all about the fate of the car and its new owner);
After formalizing the power of attorney, the car still remains the property of the original owner, and in the future this is fraught with various troubles of a property nature. For example, in the event of a divorce, such a car is subject to division of property and its nominal owner has the right to be obliged to pay half the cost to the second spouse.

The main purpose of a general power of attorney is to grant a certain part of the property rights to a car from one person to another. That is, the very specificity of the legal instrument in question implies a fairly close relationship between the principal and the trustee. In the presence of such connections, the number of risks for the owner is minimal.

General power of attorney from a notary: how much does it cost?

At the moment, almost every person has their own vehicle.
Some travel directly in their cars, while others use the cars of their relatives and friends. Not without appropriate permission to use, of course. In these conditions of mass use of vehicles, legislative bodies are taking various steps to simplify various procedures for registering cars and re-registering them. At the moment, the procedure for registering a car with the traffic police and the rules for using a vehicle that is not owned by the motorist have already been significantly simplified. In 2021, it is no longer necessary to deregister a car before selling it. This procedure is already carried out automatically after the conclusion of the purchase and sale agreement. The person purchasing the car decides for himself whether to keep the license plates or change them to new ones.

And in 2012, the mandatory execution of a general power of attorney by the owner of a car to drive a vehicle by other persons was abolished. The fact is that now driving a car is permitted by those drivers who were specified in the compulsory insurance policy.

The execution of a general power of attorney has not yet sunk into oblivion. This means that although this is not a mandatory procedure , there are still motorists who prefer to register for driving a vehicle with a notary, as they consider this a rather convenient way.

Advantages of executing a transaction in the form of a general agreement

In fact, the only advantage of selling a car through the issuance of a power of attorney is the reduction of time to complete the transaction. Previously, when preparing a bill of sale, the seller had to deregister the vehicle, and this entailed bureaucratic delays. Now that traffic laws have changed, deregistration of a vehicle occurs automatically upon signing a sales contract. It becomes the responsibility of the buyer to register the car (registration), and he can order new license plates or keep the old ones at his own discretion.

The parties to the sale and purchase also agree to a power of attorney in order to evade taxes and fees that must be paid upon re-registration:

income tax if the car is not more than three years old;
tax in case of leasing a vehicle in accordance with the Tax Code;
13% tax on deed of gift if the buyer accepts the vehicle as a gift and the age of the car does not exceed three years.

What does it give and when is it required?

An auto power of attorney grants the right to manage it to the individual specified in the document. It is temporary in nature and can be drawn up on a special form or in writing. Such a document does not convey the right to own a car; you can only drive the car; you cannot independently re-register the vehicle with the traffic police.

There is a “general title” for a car with the right to sell, but the buyer cannot be the attorney himself, since he cannot sell movable property to himself. It won’t be possible to apply for a spouse either, because she is a member of the trustee’s family, they have a common budget, and the car is property acquired jointly during marriage. That is, the same scheme results - selling to oneself, which is prohibited by law.

A general power of attorney for an apartment provides the right to perform certain actions regarding the property. Such a document is involved in the transaction, and is also submitted without fail to the territorial body of Rosreestr or the MFC (original).

With the right to sell

A general power of attorney for an apartment can be issued with the right to sell. It details proposals that make it clear that the trustee has the right to sell the property and receive for it the agreed amount of money to be transferred personally or through the use of a personal bank account. Various details can also be specified here.

These may include:

a certain sales amount of money;
specific conditions for selecting a buyer;
conditions for concluding a purchase and sale agreement.

Registration procedure

In order for a general power of attorney to be considered valid, it must be notarized.

The principal - the owner of the car - must contact a notary for a certificate.

Usually the notary has standard forms.

However, before drawing it up, the notary employee undertakes to explain to the client the legal consequences that may occur after the issuance of a general power of attorney.

Also, the notary must find out from the principal what rights he wants to grant to the attorney and whether it is really necessary to draw up a document of this type; perhaps a regular power of attorney can be used.

When registering a general power of attorney, the principal submits the following documents to the notary office:

citizen's passport;
passport details of the authorized person;
certificate of state registration of the car;
in some cases other documents may be required.