Power of attorney to the bank- a document granting the right to an authorized person to act on behalf of the principal. There are situations when it is necessary to perform certain actions at the bank, but there is no opportunity to be present in person. In this case, a power of attorney will help, with the help of which the transfer of the right to represent the interests of the principal to the trustee is formalized. You can download the power of attorney form to the bank from the link below. This sample is available for free download in word format.
A power of attorney may be drawn up on behalf of an individual or legal entity. In the first case, an individual who does not have the opportunity to personally be present at the bank to perform any action (open a bank card, make a deposit, etc.), transfers the right to represent his interests to another individual who will be trusted.
In the second case, the head of the organization transfers the authority to execute orders in the bank where the organization is serviced (open and close accounts, submit documents, create deposits, letters of credit, receive bank statement etc.), an employee of this organization, for example, the chief accountant.
In general, issuing a power of attorney to a bank is in many ways similar to issuing a similar document for representing interests in pension fund(PFR) - , Fund social insurance(FSS) -, tax (IFTS) -, in judicial institutions -.
How to draw up a power of attorney to the bank correctly?
There is no universal standard form of a power of attorney, the principal draws it up independently in writing in free form. However, there are required details, without which the power of attorney will not be valid:
- Date and place of registration;
- Details of the parties;
- List of powers;
- Signatures, seal of the organization.
These details must be present in the power of attorney form. Date allows you to count the validity period of the document. It is not necessary to prescribe the term itself, if it is not in the power of attorney, then it is automatically taken equal to one year. The details of the parties include the full name of individuals, passport data. The organization indicates the name, full name of the head. The powers depend on what actions need to be performed by the authorized person in the bank.
Power of Attorney Certification
The signature of the authorized person can be certified by the signature of the head of the organization and the seal if the form is issued on behalf of the legal entity.
If the document is issued by an individual, then it is necessary to sign in the presence of a bank employee, in which case the power of attorney will be valid. There is no need to notarize the completed form with a notary. Also a power of attorney individual can be certified by an accountant.
Power of attorney to the bank from an individual. Sample
The figure below shows a sample power of attorney to the bank from an individual to another individual, certified at the place of work. The certified power of attorney must have the seal and signature of the witness.
Power of attorney to order bank account issued to a representative or responsible person at the disposal of the owner's funds.
The attorney has the right to dispose and execute monetary transactions at the direction of the trustee. This type of power of attorney can be issued by any citizen Russian Federation, subject to the age of majority, legal capacity and the presence of a bank deposit.
Owner bank deposit there may be several attorneys. The client has the right, if there are several deposits, to issue all permits for one person (this is often practiced when registering in matters of cargo transportation, or for an individual).
What actions can be taken if there is a power of attorney for a bank account?
- Obtaining account statements or other documentation on the status or transactions with the owner's bank deposit;
- Transfer of funds from the principal's account to any other bank account;
- Depositing or withdrawing funds from the bank deposit of the owner;
- The attorney has the right to conclude any agreements with bank deposits or accounts of the owner;
- Receipt and withdrawal from the account of interest, compensation, donated funds, funds received during promotions, etc.;
- Closing the deposit and terminating the contract with the bank;
The most important thing that the owner should know is that the attorney has the right to fully manage the deposit of the principal in the bank. That is why the owner should discuss with the attorney possible operations and in the document accurately and in detail describe the capabilities of the responsible person. In the absence of a list of powers, the bank provides all the possibilities to the attorney.
When does the document expire?
Article 186 of the Civil Code of the Russian Federation indicates that the validity of a power of attorney to dispose of a bank deposit cannot exceed three years. The validity period starts from the date of issue. The date must be written in words on the document, otherwise it will be invalidated.
If the owner of the bank deposit does not indicate in the power of attorney a specific period of its validity, then its duration is one year. The notary informs the parties about this orally.
According to Article 857 of the Civil Code of the Russian Federation, banks guarantee the confidentiality of depositors' data, therefore, according to Article 847 of the Civil Code of the Russian Federation, the depositor is obliged to personally bring documents to obtain a power of attorney to dispose of a bank account to the bank.
A power of attorney to a bank is a document that is in demand and often used. It is necessary in cases where the principal cannot be personally present at the bank to make any financial or business transactions and transfers his powers to a trusted person. Such a power of attorney can be drawn up by both an individual and an organization.
Who can be a confidant
Basically, a confidant in banking institution can be any citizen of the Russian Federation who has reached the age of majority. Enterprises and organizations most often issue powers of attorney for their employees - specialists in accounting departments or other employees who can fully represent the interests of the company in the bank.
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Basic principles of drawing up a power of attorney to the bank
There is no single sample of a power of attorney designed for universal use, so each company can write a power of attorney in free form or use a template provided by a credit institution. Large enterprises Powers of attorney are often written on letterhead in a strictly defined manner, but this is not a general rule.
The list of instructions may consist of just one item, or it may be almost limitless (for example, confidant may exercise the right to open and close accounts, create deposits, deposit and withdraw funds to accounts, take statements and various certificates, submit payment orders, etc.)
Another important point – duration of the power of attorney. It can be issued to perform some one-time action, or on certain period, the option without specifying specific dates is also allowed. In the latter case, its validity is automatically limited to one year from the date of signing.
Note! If the power of attorney is drawn up by an individual, then banking institutions require its mandatory certification by a notary, if the power of attorney is issued by a legal entity, then the seal of the organization and the signature of the head must be on the form of the power of attorney.
Instructions for filling out a power of attorney to the bank from a legal entity
First part
It is possible to conditionally divide the power of attorney form to the bank into two parts. The first includes basic data about the principal and his representative.
- In the "header" of the document, you must indicate the city in which the power of attorney is issued, the date it was filled out, as well as the full name of the legal entity-principal (indicating its organizational and legal status).
- Next, you need to enter the details of the company: where and when it was registered, PSRN, TIN (this information can be taken from the registration documents), indicate the head of the organization (his position, last name, first name) and on the basis of what document he acts (most often they write here "under the Charter").
- Then information about the authorized person who will represent the interests of the company in the bank is entered. First, his last name, first name, patronymic (first name and patronymic can be entered in the form of initials), passport data (series, number, when and by whom issued), address of the place of registration (according to the passport) are indicated.
- After that, you should indicate in which credit institution the principal entitles the representative to act on his own behalf (the name of the bank can be taken from the service agreement), as well as account numbers, if the trusted person is authorized to conduct financial transactions.
The second part
- The second part of the power of attorney includes complete list actions for which the representative of the trusting company is authorized. The wording in this part should be as correct as possible in order to exclude a refusal to recognize a power of attorney by the bank - even if the powers are very broad, each permitted action should be indicated in a separate paragraph.
- Next, be sure to include a line about the possibility of re-authorization of the power of attorney (it is important to note that powers of attorney with the right of re-authorization in without fail must be certified by a notary). If this possibility is excluded, then this must also be indicated.
Basically, companies prefer to issue several powers of attorney for different people instead of the possibility of substitution.
- A little lower is the period for which the document was issued. Any dates can be specified here, according to the law on this moment the duration of such a power of attorney may not be limited.
- At the end, the authorized person puts his signature under the document, which is certified by the head of the organization of the principal. He also signs under the power of attorney and puts the seal of the organization (it should be noted that since 2016 legal entities are not required to use the seal, however, credit companies, just like many state institutions, most often still requires an imprint on documents).
This document empowers a certain natural person (or several persons) who is entrusted with the performance of a number of actions in a credit institution. Since committing banking operations involves the mandatory signing of the documents accompanying them, the form of the power of attorney must necessarily contain the signature of the authorized person. Moreover, it must be placed in the presence of a bank employee and must be certified by him if we are talking power of attorney not notarized.
P rules for compilingpowers of attorney to represent interests in a bank
| Download power of attorney |
Power of attorney for use in a bank or other credit institution drawn up in accordance with the requirements established for such documents by Article 185 Civil Code Russian Federation. This document is always drawn up in writing and certified by the personal signature of the person who issues it.
The power of attorney must contain full information about the principal, in particular his full name, passport details, address of residence. Similar data is indicated in relation to the trustee. The document also details the essence of the order.
A power of attorney to the bank secures the rights of the authorized person to dispose of the funds available on the account of the principal in a banking institution (or any other credit institution).
How exactly the trustee plans to manage the finances of the trustee does not matter: this person can later transfer or withdraw money, replenish an account, open a new one and close accounts, or take other actions. For example, a power of attorney may also grant the right to use safe deposit box, registration of a plastic (bank) card, etc.
It is absolutely not necessary to certify such a power of attorney with either the employer or the notary. It should also be said that in accordance with paragraph 2 of part 3 of article 185 of the Civil Code of the Russian Federation, such a document can be submitted by the principal directly to a third party (bank, other credit institution), with which the representative specified in the document will enter into legal relations. This form is the most convenient and allows you to minimize the risks of both the credit institution and the principal. At the same time, the bank, accepting the power of attorney, has the right to verify your identity and make appropriate marks in the submitted document.
In order to avoid possible abuse of authority by a trusted representative, it is necessary to cover in as much detail as possible the range of his rights in the power of attorney itself. Otherwise, the responsibility for such acts in full will fall on your shoulders. For example, if you need a trustee to withdraw from your account once sum of money in the amount of 10,000 (ten thousand) rubles, it is better to indicate this condition directly, and not use the general phrase “withdraw money from the account” without specifying a specific amount.
Power of attorney is official legal document.
It is required in cases where the principal cannot be personally present at the bank to perform certain financial or business transactions and transfers his powers trustee.
Such a power of attorney can be drawn up by both an individual and organization.
The article discusses issues related to the provision of a power of attorney to the bank from a legal entity, provides the rules for its correct execution.
The material also provides explanations of the cases in which it is necessary to provide a power of attorney to the bank.
The essence of the power of attorney
Any power of attorney gives a specific person certain powers for the proper performance of the duties entrusted to him.
It is drawn up in accordance with the requirements of Ch. 10 of the Civil Code of the Russian Federation.
Since this is an official document, it must be drawn up in a written form, signed by the head of the organization or notarized.
The only person authorized to represent the interests of the institution without additional documents, - this is executive agency specified in the articles of incorporation.
Other employees may act on behalf of the legal entity solely on the base of the power of attorney.
Since the manager cannot do all the work in the organization, the appropriate powers of attorney are issued to the employees.
They allow you to perform official duties without the assistance of a director.
For example, to represent the interests of an organization in a bank can accounting department employees who carry out various operations with the accounts of the institution.
AT equally this also applies to lawyers receiving the necessary information about financial condition organization and payment of state duties.
When and how to certify
Powers of attorney issued by the organization do not need notarial certificate authenticity. According to the Civil Code of the Russian Federation, to give them legal force, it will be enough manager's signature.
The articles of association may define additional faces authorized to certify the document. So, they can be the heads of branches, who themselves act by proxy.
According to generally accepted practice, legal entities draw up a power of attorney for official letterhead, although this requirement is not mandatory.
Authorized to certify the paper on behalf of the organization main executive body prescribed in the statute. Most often, this role is played by CEO, director, manager, etc.
Assuring the document, the head puts his signature. If the articles of incorporation provide for printing on documents, you will have to put it.
However, you can do without the latter, especially if the organization does not have an official seal. Since 2016, the presence of a seal on the form is not a mandatory requirement.
Powers of the representative
A power of attorney is issued to carry out specific actions. She can wear like one-time, and periodic character. These nuances should be reflected in the text.
Each authority is prescribed maximum clearly and definitely. This will help to avoid a broad interpretation of the actions of the attorney and the excess of his powers.
Among core powers transmitted by the principal, there are the following:
- opening and closing an account;
- opening deposits on behalf of the organization;
- obtaining an extract or other reference information on the account;
- presentation of payment orders;
- cash Money as a contribution under a loan agreement;
- withdrawal of funds from the account.
Other powers of the attorney may also be prescribed. Their circle is forming at the request of the trustee.
Each authority may have its limits: establishing limit to withdraw funds from the account of the organization, specific quantity payment orders that can be presented for payment.
Content and basic requirements
Conventionally, the entire text of the document can be divided into two parts — details of the parties andpowers vested in a trustee.
In addition, the following information is reflected in the power of attorney:
- date and place of drawing up the document;
- signatures of the parties;
- the presence or absence of the possibility of substitution;
- validity periods.
The last item is not required. In this case, the powers of the attorney will be valid within one year from the date of issue of the document.
The power of attorney is drawn up in free form. However, a standard form of power of attorney can be found on the website of a particular bank: credit institutions provide standard forms many documents.
In large organizations, special power of attorney ledgers, where each document is assigned its own number.
Having a number is not a requirement. This condition provides only convenience internal accounting and form control.
A power of attorney is considered null and void if the date of issue is missing, or details of one of the parties are incorrectly recorded.
The absence of any authority does not invalidate the entire document. In this case, we are talking only about the impossibility of performing the action that is missing in it.
It is mandatory to follow a simple writing. Oral powers of attorney are invalid.
Filling rules
filling power of attorney is a responsible, but not too complicated process, you just need to follow a number of rules.
The heading of the document contains the date and locality in which the power of attorney was issued.
The next part is data that allows you to identify the principal, namely:
- the full name of the organization with an indication of the economic form;
- details of TIN, OGRN;
- the name of the person authorized to issue the power of attorney;
- details of the document on the basis of which the attorney acts.
All this information can be obtained from legal entity registration documents.
When issuing a power of attorney, they are required to be indicated even if this information is available on a standard form developed by the organization.
The attorney's details include:
- Full name of the employee;
- passport data (series, number, date and place of issue);
- place of registration (according to the passport).
The data is filled in on the basis of an official identity document.
An example of a completed power of attorney is shown below.
All information must match, because along with the power of attorney, the employee always presents a passport for identification.
If a power of attorney is issued another legal entity, then its details are written.
At the end of the document, you can specify the data of the employee of the trusted organization who will act on its behalf, however, this requirement is not strict, since the employee's authority is usually documented in advance.
The following are the powers conferred on attorney. It can be either one action or a set of actions.
Each intended authority must be spelled out clearly and completely to avoid possible risks in the representation process.
Filling out the power of attorney may include a line about the possibility delegation of authority to third parties. While maintaining this possibility, the document is subject to mandatory certification by a notary.
At the end it is written validity powers that are not limited by law. In the absence of an indication of the validity period, it is one year from the date of issue of the paper.
Brief conclusion
A power of attorney to represent the interests of a legal entity in a bank is required for all employees, except for the executive body specified in the Charter.
When drawing up a document, the date and place of its preparation, the details of the principal and attorney, the name of the credit institution and account numbers are indicated without fail.
Powers are prescribed fully, since the action cannot be performed if it is not directly fixed.
Document validity period not limited. If a specific expiration date is not set, the power of attorney is considered issued for one year.
