Power of Attorney in Russia
Power of Attorney in RussiaUpdated on Thursday 14th March 2019
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The power of attorney is a written document through which a person, also called a donor, enables another person, named an agent or attorney, to represent him/her in different activities.
In Russia, the power of attorney can be issued for various types of actions, being quite popular among foreign citizens interested in completing various transactions or activities through a proxy. We can help with the drafting of a power of attorney, and we can also represent you in the quality of agents appointed through a power of attorney.
Our law firm in Russia provides you with a wide range of services that cover your legal requests.
The power of attorney under the Russian Civil Law
In Russia, the power of attorney is subject to the Russian Civil Code and is given by the donor to the agent for legal purposes. The Russian power of attorney must specify the activities the agent is allowed to carry on behalf of the donor.
In order for a Russian power of attorney to be enabled, the agent must consent to represent the donor and the document must also be certified by a notary. The Russian power of attorney must meet all the demands stated in the Russian laws.
Whenever asked for, the agent must present the power of attorney in order to define the actions he/she can undertake in name of the donor.
According to the Russian Civil Code, a power of attorney must be dated and include the names of the donor and of the representative. Powers of attorney without date of execution are null. The donor can end the power of attorney any time he/she wants, this being the case of the agent too.
Any type of Russian power of attorney can also have an expiration date if so mentioned in the document.
Types of power of attorney in Russia
There are several types of powers of attorney which can be issued in Russia:
- - the general power of attorney which is granted for representation in general matters, such as transactions or conclusion of contracts;
- - the special power of attorney which is limited to a certain type of action or situation;
- - the temporary power of attorney which has a limited duration.
The power of attorney in Russia can be granted to one or more persons. The representatives can act on behalf of the donor separately or together. Russian powers of attorney come in standardized forms depending on the situation.
However, the safest forms of a power of attorney can be obtained from lawyers in Russia. The agent cannot enable a third person to conduct the responsibilities mentioned in the power of attorney, unless if it is specifically stipulated in the power of attorney. In special cases, which involve protecting the donor’s concerns, the agent must notify the donor if authorization has been granted to a third person.
Who can issue a power of attorney in Russia?
The power of attorney can be issued by an individual or company in Russia. Under the Civil Code, an individual must have a mental capacity in order to issue a power of attorney, otherwise, the document is null.
Our law firm in Russia can assist foreign investors who want to open companies here with the preparation of powers of attorney in case they want to designate a third-party to complete the registration process on their behalf.
The documents needed when creating a power of attorney are:
- - identification papers of the grantor;
- - identification papers of the agent who will represent the donor.
The notarization of powers of attorney is subject to different fees in Russia.
The uses of a power of attorney
A Russian power of attorney can be used in:
- - civil matters related to family law, inheritance or representation in the Russian courts of law;
- - commercial matters, such as the conclusion of contracts, commercial disputes or any other business matter;
- - company formation - we can handle the registration of a company on behalf of foreign entrepreneurs remotely;
- - bank account opening - the opening of a bank account can also be completed remotely, at the request of clients.
Representation in civil matters through a Russian power of attorney
The power of attorney is commonly used in civil matters, among which representation in the court of law. Most of the times, Russian lawyers representing citizens or companies in front of the court will need a general power of attorney in order to act on behalf of the client they represent.
Most of the times, the Russian power of attorney is granted for:
- representation before the court in various family disputes, such as divorce or alimony;
- debt collection cases which end up court will also require a power of attorney for the lawyer representing the creditor or the debtor;
- contract disputes which need to be resolved in court can also be handled by the lawyer with a power of attorney;
- commercial disputes can also be resolved by the lawyers through powers of attorney, without the parties involved having to come before the judges every time;
- employment disputes can also be handled in court by the lawyers who are granted powers of attorney.
Our Russian law firm can handle various types of civil law disputes, and you can grant a power of attorney to one of our lawyers who will be able to represent you in court.
The power of attorney in real estate transactions in Russia
One of the most common issues in which the power of attorney can be of great help is real estate transactions. This is very useful for foreigners interested in buying or renting properties in Russia and will enable them to perform actions related to the said property remotely by granting a power of attorney to one of our lawyers.
Our Russian lawyers will be of help when preparing the sale-contract agreement, the rental contract or any other documents which need the legal expertise of a local law firm. We can further represent a foreign citizen in relation to the seller.
Foreign citizens can also grant a power of attorney when interested in selling properties in Russia. For example, those who have relocated to another country and no longer want to keep their properties here can grant us a power of attorney through which we can act on your behalf when selling the real estate property.
Commercial real estate transactions can also be concluded through a power of attorney and our Russian lawyers can offer assistance in such matters. In these cases, our lawyers can also advise on the regulation related to buying or selling real estate.
For real estate transactions, a limited power of attorney will usually suffice.
Registering a business with the help of a Russian power of attorney
If you plan on starting a business in Russia, but you are not in the country or don’t have the time to come here, you can appoint a local representative to start the company registration procedure on your behalf.
Our lawyers in Russia have a wide experience in business registration matters and if given a power of attorney, they will be able to complete the entire incorporation procedure on behalf of foreign investors.
Among the procedures we can handle when opening a company in Russia are the preparation of the documents and their filing with the Trade Register. The power of attorney will accompany the registration file in order for the business owner to benefit from a quick registration process.
We can also handle the registration with the tax authorities and the opening of the bank account for your company if you need us to.
Granting a Russian power of attorney while abroad
If you are abroad and need to give a power of attorney, you will be able to do that by drafting it in the country you are currently living in another country, you will need to go to the Russian consulate or embassy and have the power of attorney drafted there. You can also have the power of attorney already prepared and you will only need to have it certified there. You will need the passport when presenting the power of attorney. An important aspect to consider is that the power of attorney needs to be signed in front of the public notary in the Russian consulate or embassy.
Our lawyers in Russia can offer more information on how to issue a power of attorney while abroad.
Our attorneys in Russia can offer advice about company incorporation and other services requiring legal assistance, so do not hesitate to contact us. You can also grant us a power of attorney for completing any procedure on your behalf while abroad.