General power of attorney

A general power of attorney includes the following:

Order, possession of real estate (apartment, land plot, other premises). Such power of attorney allows a person to sell, present, lease out, or exchange real estate, or defines explicit list of powers within which a person can act.

Order, possession of a car. Such power of attorney includes the powers to drive and dispose of a motor vehicle.

Legal entity management. In this case a person is entitled to sign agreements, statements, represent interests of an organization in various companies, institutions, before other entities, dispose of the company’s property, etc.

Representation in any company, enterprise, institution, etc.

Nuances of a general power of attorney

A general power of attorney (Ukraine) may transfer powers either to a certain person or a group of persons, who may act independently from each other. This document includes the following information on an attorney: Full name, registered place of residence; sometimes passport information and individual taxpayer’s number (also known as taxpayer’s card) are also required. All the information stated above is submitted to a notary.

If we deal with a power of attorney for a car, certificate of vehicle registration (technical certificate) should be available. It happens that a car is bought on credit. In such case you need to obtain a special permit from a bank for formalisation of such document.

Power of attorney for signing authority

Some people apply to our office with a request to formalise a power of attorney for signing authority. What is exactly meant by a power of attorney for signing authority in such case? Most probably that when you apply to a notary with such request, you need to transfer your authorities to sign various documents (signing agreements, invoices, accounting documents, various statements, etc.).

Usually, the purpose of such power of attorney lies not in signing of specific power of attorney for signing of agreements, but those consequences after such signing, for example, transfer of an ownership right (when signing a sale and purchase agreement), receipt of a certificate of inheritance (when signing a statement on such certificate issue) registration/re-registration of a legal entity (when signing respective statements), etc.

It should be mentioned that the text of a power of attorney should include the list of documents an attorney is authorized to sign.

A power of attorney includes information on an attorney (full name and registered place of residence; passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

You need to provide a notary with the following to formalise a power of attorney for signing authority:

  1. Passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number).

Documents to be provided for a notary to formalise a power of attorney for signing authority on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (order of assignment, minutes of a general meeting on his/her election to the position).

Power of attorney for representation of interests

A power of attorney for representation of interests of any natural person or legal entity before institutions, organisations, companies or any third parties is one of the most wide-spread types of powers of attorney. The subject of this type of a power of attorney will depend on the public bodies before which your interests need to be represented and on the purpose of the power of attorney (registration of a natural person-entrepreneur, opening a bank account, representation in courts, holding business negotiations etc.).

A power of attorney for representation of interests must identify a clear circle of the attorney’s powers and public bodies, institutions, companies before which the attorney may represent your interests, as some organisations in Ukraine do not accept generally formulated powers of attorney for representation of interests, but require that their names be clearly specified.

Clear specifications of powers in a company’s power of attorney for representation of interests will help avoid exceeding of powers by the attorney and committing of actions which he/she must not perform.

A notarised power of attorney for representation of interests contains information about the attorney (name, surname, patronymic, his/her place of residence; additionally, his/her passport data and registration number of the taxpayer’s record card (used to be known as the individual tax number). Therefore, to notarise a power of attorney, you should provide the notary with this information.

To execute a power of attorney for representation of interests, natural persons must produce the following documents to the notary:

  1. passport and registration number of the taxpayer’s record card (used to be known as the individual tax number).

To execute a power of attorney for representation of interests on behalf of a legal entity, the following documents must be produced:

  1. statutory (constituent) documents of a legal entity (articles of association, regulations, a memorandum of association), certificate of state registration or extract from the Unified State Register of Legal Entities and Natural Persons-Entrepreneurs, certificate, in the established standard form, of assignment of the identification code to a legal entity;
  2. passport of the general manager or a representative of a company and documents confirming his/her powers (a power of attorney, an order of his/her appointment, minutes of the general minutes confirming his/her election).

Power of attorney for documents

A power of attorney for documents should include a specific document to be received by your attorney and an authority to be applied to.

A power of attorney for receipt of documents states the information on an attorney (full name and registered place of residence; passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated); therefore, to notarise a power of attorney for receipt of documents, you need to provide a notary with such information.

We recommend to notarise several copies of a power of attorney right after its original notarisation because an attorney may require them to exercise his/her powers. One copy of a power of attorney you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it in the Register of powers of attorney and make a record on cancellation.

Documents required to formalise a power of attorney for receipt of documents:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), for a minor — certificate of birth.

Documents that are mandatory for formalisation of a power of attorney issued on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).

It is important to define the scope of powers that you are going to transfer to your attorney under a power of attorney for documents.

Power of attorney for a child

Permit for child’s departure abroad (sometimes called a power of attorney for a child) is actually drawn up as a statement signed by both child’s parents or by one of them.

The child is allowed to travel accompanied by one of the parents or by the other person, who is agreed by both parents and who reached the age of 18 by the moment of leaving Ukraine (for example, this may be a sibling, uncle (aunt), one of grandparents, representative of travel agency, teacher, group leader, etc.). If a child is to cross a border accompanied by one of the parents (for example, mother), the other parent (father) should formalise and notarise a power of attorney for child’s departure; if a child is leaving a country with another person, both parent should give their permit. Usually, the permit given by both parents is drawn up in one document, but may be drawn up as two separate documents, one from each parent (if they reside in different cities or unable to be present at the same time at the notary’s office for some reason in order to execute a power of attorney for child’s departure abroad).

Prior to applying to a notary to formalise such a statement (power of attorney for a child), you need to know the following:

  1. The country your child is going to visit accompanied by his/her parent(s) or adult authorized person.
  2. Period of stay in that country.
  3. Full name of an accompanying person, his/her place of residence and passport information, if possible.

Documents required for execution of notarised permit for a child’s departure abroad (notarised power of attorney for a child):

  1. Passports of child’s parents (one of the parents who gives respective permit).
  2. Certificate of birth of the child.

Power of attorney for delegation of powers

When notarising a power of attorney, a notary may ask whether you want to include a provision on elegation of powersd. What does it mean? In such case, a power of attorney for delegation of powers means that your attorney may delegate his/her powers under the power of attorney, if necessary, partially or in full, to other persons that you may even have no idea about. If you have no objections and want to confer your attorney with such powers, you need to include this provision to the text of a power of attorney formalised by a notary.

To notarise a power of attorney for delegation of powers, an attorney, having his/her original basic power of attorney, should apply to a notary (not necessarily to that one who notarised the basic power of attorney).

A power of attorney for delegation of powers must comply with the following requirements:

  1. List of powers stated in such power of attorney may not exceed the scope of powers of the basic power of attorney.
  2. Period of validity may not exceed the period of the basic power of attorney.
  3. Further delegation shall not be stipulated by such power of attorney.

Prior to formalising a draft power of attorney for delegation of powers, a notary must verify the following:

  • Availability of powers of an attorney to notarise such a power of attorney.
  • The validity of the notarial letterhead a power of attorney is stated on.
  • The validity of the basic power of attorney as per the Register of powers of attorney (electronic database of all powers of attorney notarised in Ukraine).

Documents required to formalise such power of attorney:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), or certificate of birth (for a minor).
  2. Permit issued by a fiduciary authority, parent’s consent to signing of a power of attorney, if a minor acts as a grantor.
  3. Original basic power of attorney.

Documents required for notarisation of a power of attorney for delegation of powers issued on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a person who represents interests of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).
  3. Original basic power of attorney.

Cancellation of a power of attorney

Sometimes, because of discrepancies with the attorney or because the power of attorney itself has become irrelevant, you need to cancel it.

Cancellation of a power of attorney is formalised in the form of a statement and the notary certifies the authenticity of your signature on it. To cancel a power of attorney, you can use the services of any notary, not necessarily of the notary who certified the power of attorney.

To cancel a power of attorney, you should provide the notary with its data (the number of the notarial form, on which the power of attorney was executed, the date of its certification, its number in the Unified Register of Powers of Attorney or in the notary’s register). If you do not have this information, do not be upset, because the power of attorney can be found in the Unified Register of Powers of Attorney by your passport data and registration number of the taxpayer’s record card (used to be known as the individual tax number).

Based on your statement, the notary will enter the respective data on the cancellation of the power of attorney in the electronic register of powers of attorney.

You must immediately inform the attorney and third parties for whom, as you know, the power of attorney was issued about the cancellation of a power of attorney. The laws do not prescribe a method for informing, but we recommend that you send a registered letter with return receipt requested, which will be a written confirmation that you have performed your obligation. You can assign the notary to do it.

 

Documents required for cancellation of a notarised power of attorney issued by a natural person:

  1. your passport and registration number of the taxpayer’s record card (used to be known as the individual tax number), or your birth certificate (for persons aged under 18);
  2. original power of attorney which should be cancelled (if available).

Documents required for cancellation of a notarised power of attorney issued by a legal entity:

  1. statutory (constituent) documents of a legal entity (articles of association, regulations, a memorandum of association), certificate of state registration or extract from the Unified State Register of Legal Entities and Natural Persons-Entrepreneurs, certificate, in the established standard form, of assignment of the identification code to a legal entity;
  2. passport of the general manager or a representative of a company and documents confirming his/her powers (a power of attorney, an order of his/her appointment, minutes of the general minutes confirming his/her election);
  3. original power of attorney which should be cancelled (if available).

Power of attorney for management of a bank account

You may need to open or close a bank account, transfer money from one bank account to another, but for some reason you cannot do this by yourself. So you need to formalise a power of attorney for management of a bank account.

An attorney with such a power of attorney may have a wide range of powers: open a bank account, withdraw money from an account, transfer money from one account to another, transfer open accounts to other banks, initiate the issue of bank cards instead of the lost ones, extend agreements, close an account, etc. List of the powers varies depending on the purpose of a power of attorney itself and degree of your confidence in an attorney.

Therefore, in a power of attorney for management of a bank account you must define what are exactly the powers that you want to transfer to an attorney, and then explicitly state them in the document.

We recommend to notarise several of a power of attorney for opening an account right after its original notarisation because an copies attorney may require them to exercise his/her powers. One copy of a in the Register of powers of attorney and make a record on cancellation power of attorney for a bank account you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it.

Such power of attorney includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, you need to provide a notary with such information in order to notarise such power of attorney..

Documents required for formalisation of a power of attorney for management of a bank account, if you act as a natural person:

Documents required to formalise a power of attorney to a bank on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).

Power of attorney for use of a bank safety deposit box

A safe deposit box is one of the safe methods of storage of your money, jewels and other personal belongings, which is widely used by citizens. If you want to allow other person to have an access to your safe deposit box, you need to formalise a power of attorney for use of a bank safe deposit box.

Such power of attorney should include a name of bank (its division, address), where your personal safe deposit box is located; the identification and number of safe deposit box would be preferred.

An attorney under such power of attorney may exercise a wide range of powers: have an access to an individual safe deposit box, use keys to a safe, place in and withdraw from a safe any belongings, pay for the use of a safe, terminate the existing agreement and so on. List of the powers varies depending on the purpose of a power of attorney itself and degree of your confidence in an attorney.

Therefore, in a power of attorney for use of a bank safe deposit box you must define what are exactly the powers that you want to transfer to an attorney, and then explicitly state them in the document.

We recommend to notarise several copies of a power of attorney right after its original notarisation because an attorney may require them to exercise his/her powers. One copy of a power of attorney you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it in the Register of powers of attorney and make a record on cancellation.

A power of attorney for use of a bank safe deposit box includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

Documents required to formalise a power of attorney for use of a bank safety deposit box:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of birth (for a minor).

Power of attorney for receipt of money

You want to receive the money you are entitled to but you have no opportunity to do this personally. The perfect solution in such case is a power of attorney for receipt of money.

A power of attorney for receipt of money shall include what money exactly your attorney is entitled to receive (pension, scholarship, money from a current account in a bank, money under contractual obligations, etc.) and at what institutions, organizations, enterprises, from third persons.

Some organizations require that their exact company name is stated in a power of attorney. For a power of attorney to receipt of a pension, we recommend that you issue such power of attorney for a short period time, whereas an attorney may be asked to confirm the fact that a grantor is alive (this documents is notarised as a certificate confirming that a natural person is alive).

A power of attorney includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

Documents required to formalise a power of attorney for receipt of money:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of birth (for a minor).

Documents that are mandatory for formalisation of a power of attorney for receipt of money transfer issued on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).

Power of attorney for representation of interests at the Deposit Insurance Fund

At present, in view of the current complicated economic situation, the notaries often formalise such document as a power of attorney for representation of interests at the Deposit Insurance Fund.

Let’s consider a few aspects that should be taken into account when formalising a power of attorney for representation of interests at the Deposit Insurance Fund:

  1. You must remember that such power of attorney should explicitly stipulate the powers of an attorney to represent your interests at the Deposit Insurance Fund and bank institutions that are determined by the former as agent banks, whereas you may not know exactly which bank is going to effect payments.
  2. It is important to envisage a right of an attorney to receive amounts of money at the Deposit Insurance Fund and at bank institutions, which are its partners.

We recommend to notarise several copies of a power of attorney right after its original notarisation because an attorney may require them to exercise his/her powers. One copy of a power of attorney you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it in the Register of powers of attorney and make a record on cancellation.

A power of attorney for representation of interests at the Deposit Insurance Fund includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

Documents required to formalise a power of attorney for representation of interests at the Deposit Insurance Fund:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of birth (for a minor).

Execution of a power of attorney

The execution of a power of attorney is one of the most popular notarial deeds, which usually creates no problems. Many of us, though having no legal education, have a clear understanding what the execution of a notarised power of attorney means and are aware of the rules of its issuance.

Let us examine the principles of the execution of a power of attorney once again:

  1. In summary, a power of attorney is an instrument under which one person authorises another person to perform certain actions specified in the power of attorney, to represent interests before any third parties.
  2. To issue a power of attorney, a person that issues the power of attorney must be present in person; he/she must produce his/her passport and registration number of the taxpayer’s record card (used to be known as the individual tax number).
  3. You may appoint several attorneys in a power of attorney, who will act independently of each other.
  4. After the execution of a power of attorney, its data must be entered in the Unified Register of Powers of Attorney (an electronic base of all powers of attorney issued in Ukraine).
  5. A power of attorney executed on behalf of a legal entity must be signed by its general manager. For this purpose, he/she must produce his/her passport, documents confirming his powers and documents related to the legal entity.
  6. The procedure for revocation/cancellation of an issued power of attorney is one of the most frequently asked questions. This procedure is very simple. You should apply to any notary, not necessarily to the notary that executed the power of attorney, and tell him/her about your intention to cancel the power of attorney. Based on your data, the notary will find this power of attorney in the electronic base and compile, on your behalf, a statement of cancellation of the power of attorney. You will only need to inform the attorney and possible third parties for whom the power of attorney was issued about the fact that it has been cancelled.

Different types of powers of attorney may have their own nuances; for example, a power of attorney for a donation of an apartment, you must specify the surname, name and patronymic of the donee.

Power of attorney for registration of a legal entity

A power of attorney for registration of a legal entity is one of the most popular powers of attorney issued by legal entities. In fact, a legal entity is not incorporated yet, and such a power of attorney is issued and signed on behalf of its founders.

Registration of a legal entity by a state registrar is one of the first stages of its incorporation. As a rule, founders of a legal entity do not prefer dealing with its registration by themselves, as it can take a lot of time and efforts; therefore, they usually delegate their powers to an attorney.

We recommend that you, being the principal under a power of attorney, should also notarise a couple of its copies, which your attorney will certainly need to exercise his/her powers. You should keep one copy of the power of attorney, because in case you need to cancel the power of attorney, it will be easier for the notary to find it in the Unified Register of Powers of Attorney and enter a record confirming its cancellation.

A power of attorney for registration of a legal entity must identify the organisational legal form of a legal entity and its name, contain information about the attorney (name, surname, patronymic, his/her place of residence; additionally, his/her passport data and registration number of the taxpayer’s record card (used to be known as the individual tax number). Therefore, to notarise a power of attorney, you should provide the notary with this information.

To issue a power of attorney for registration of a legal entity, you will need the following documents:

  1. your passport and registration number of the taxpayer’s record card (used to be known as the individual tax number).

Power of attorney for registration of a natural person-entrepreneur

The procedure of registration of a natural person-entrepreneur can take lots of time and energy. Many people decide to entrust a professional lawyer with this procedure. If you are one of them, you should be aware of the following.

Launching of a natural person-entrepreneur starts with a registration by a notary.

Such power of attorney may include powers regarding the execution of the state registration of amendments in your personal information, receipt of patents, licenses, permits, opening of accounts in bank institutions, payment of taxes, representation of your interests in relationships with the governmental authorities and institutions or local authorities.

We recommend you, as a grantor under a power of attorney, to notarise several copies of a power of attorney right after its original notarisation because an attorney may require them to exercise his/her powers. One copy of a power of attorney you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it in the Register of powers of attorney and make a record on cancellation.

A power of attorney for registration of a natural person-entrepreneur includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

Documents required to formalise a power of attorney for registration of a natural person-entrepreneur:

  1. Your passport and registration number of the taxpayer identification card (formerly called individual taxpayer number).

Power of attorney for representation in courts

Sometimes we need to apply to a court to protect our rights and interests, but in view of the absence of specific knowledge we need to apply to specialists in the legal sphere. For a court, a power of attorney for representation in courts in favour of an attorney or, briefly, a power of attorney for courts may serve as a confirmation of an attorney’s powers.

A power of attorney for representation in courts may include a specific court, or attorney’s powers may be unlimited and effective for courts of various jurisdictions (local court, courts of cassation and appeal, administrative court).

In the process of court proceedings, an attorney may be required to obtain additional documents, certificates, copies, that is why we recommend to envisage such powers by stating them in a power of attorney for representation in courts (Ukraine).

We recommend you, as a grantor of a power of attorney for representation in courts, to notarise several copies of a power of attorney right after its original notarisation because an attorney may require them to exercise his/her powers. One copy of a power of attorney you must keep for yourself, whereas if you want to cancel this power of attorney, it would be easier for a notary to find it in the Register of powers of attorney and make a record on cancellation.

A power of attorney for representation in courts includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number in powers of attorney) may be additionally indicated). Therefore, to notarise a power of attorney, you need to provide a notary with the information stated above.

Documents required to formalise a power of attorney for representation in courts:

  1. Your passport and registration number of the taxpayer identification card (formerly called individual taxpayer number).

Motor Vehicles and Realty

Power of attorney for a sale

If you need to sell an apartment, car, land plot, etc. that you own, but you have no opportunity to visit a notarial office, you may delegate such powers to a third person. That is exactly the case when you might need a power of attorney for a sale. The subject of a power of attorney for a sale depends on the property to be sold.

Usually, when an attorney has a power of attorney for a sale of apartment (part of it), he/she may sign a sale and purchase agreement and obtain all certificates or documents required for conclusion thereof, submit applications on your behalf, determine the selling price at own discretion, receive money according to the agreement.

A power of attorney includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, you need to provide a notary with such information in order to notarise such power of attorney.

Documents required to formalise a power of attorney for a sale on behalf of a natural person:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of birth (if a power of attorney deals with the rights of a minor).
  2. Permit issued by a fiduciary authority, parent’s consent to signing of a power of attorney, if a minor acts as a grantor.

Documents required to notarise a power of attorney for a sale on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).

Power of attorney for a car

A power of attorney for a car is the most widely spread power of attorney today. For example, a power of attorney for driving a car, but this not the only power that may be granted to a third person. A person indicated in the document will be entitled to dispose of the said car within the scope of given powers.

Various types of a power of attorney for a car

There are several types of powers of attorney:

  • General power of attorney covers the largest scope of powers from driving to representation of interests in various institutions and sale of a vehicle owned by a grantor.
  • For driving..
  • For striking off the register..
  • For disposal (including a right to sell).
  • Other types.

Procedure of formalisation of a power of attorney for a car

A power of attorney for driving a car may be notarised at the notarial office. You should provide a notary with the following information to formalise this document:

  • On an attorney (full name, place of residence, passport information, sometimes a taxpayer’s card number may be required). ;
  • On a vehicle (year of manufacture, make, number, technical certificate data, vehicle identification number).

 

Documents required for formalisation of a power of attorney vary subject to on behalf of whom it is formalised. Documents required to formalise a power of attorney on behalf of a legal entity:

  • Statutory documents (articles of incorporation, charter, memorandum of association).
  • Certificate of a code assignment for an attorney.
  • Certificate of the state registration or an excerpt (extract) from the register.
  • Passport of a manager/representative of an organization or documents that confirm his/her powers (protocol on assignment to a position, signed by the general meeting, order of assignment).

To formalise a document on behalf of a natural person, a notary shall be provided with the following:

  • • Passport
  • • Certificate of birth (if a minor’s rights are dealt with)
  • • Registration number of the taxpayer identification card
  • • If a minor acts as a grantor — adults’ (parents’) permit or permit issued by a fiduciary authority.

A power of attorney includes information on an attorney (full name and registered place of residence; his/her passport details of an attorney and registration number of the taxpayer identification card (formerly called individual taxpayer number) may be additionally indicated). Therefore, you need to provide a notary with such information in order to notarise such power of attorney.

Moreover, the text of a power of attorney includes the description of a car being a subject thereto (make, year of manufacture, registration number vehicle identification number, details of technical certificate), so you need to provide a notary with a technical certificate for a car (registration certificate).

Documents required to formalise a general power of attorney for a car (Ukraine) if you act as a natural person:

  1. Your passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of birth (if a power of attorney deals with the rights of a minor).
  2. Permit issued by a fiduciary authority, parents’ consent to signing of a power of attorney, if a minor acts as a grantor.

Documents required to formalise a general power of attorney for a car on behalf of a legal entity:

  1. Statutory (incorporating) documents of a legal entity (charter, articles of incorporation, memorandum of association), certificate on the state registration or an excerpt (extract) from the Unified State Register of Legal Entities and Individual Entrepreneurs, certificate of a prescribed format on assignment of an identification number to a legal entity (EDRPOU).
  2. Passport of a manager or representative of a company and documents that confirm his/her authorities (power of attorney, order of assignment, minutes of a general meeting on his/her election to the position).

Power of attorney for an apartment

A general power of attorney for an apartment is a legal method of transferring rights and powers for disposal of such real estate. Any apartment or house owner may formalise a general or single-time power of attorney for other natural persons or legal entities. A specific package of documents and notarisation are required for making this deal legal.

Power of attorney for an apartment: document types

There are several types of powers of attorney for real estate that differ by their duration and powers being transferred to a third person, namely:

  • General power of attorney: transfer of full package of rights to dispose of a property from the owner to the attorney. With a general power of attorney, an attorney may implement any deals with real estate (except for a deed of gift and inheritance).
  • Power of attorney for a sale of apartment
  • Power of attorney for privatization
  • Single-time power of attorney (transfer of minor powers, such as registration at an apartment).

The following documents shall be provided for a private notary to notarise the procedure of transfer of rights to an apartment:

  • Passport (for an adult grantor); certificate of birth and consent of fiduciary authority (for a minor).
  • Taxpayer identification number.
  • Document that confirms the title to an apartment.

In the process of formalisation of a general power of attorney for a sale of an apartment, both parties must state their full names, places of residence, rights to the real estate of an attorney, location of the subject (address of an apartment), place of a deal. The duration of a power of attorney must be indicated as well, instructions on the money made by an attorney and scope of his/her rights.