Power of attorney at the disposal of the personal account. The procedure for making a power of attorney to order a bank deposit. Sample power of attorney at the disposal of the contribution

By investing their funds to the bank - in the form of an urgent contribution, in the form of precious metal bars or an impersonal metal, the depositor receives the right of sole access to its savings. In order to make an expenditure operation or close an account, it is necessary to independently come to the bank's separation, in most cases - to the branch where the deposit was originally issued. Relatives do not have access rights to accounts, and even having a deposit agreement, a savings book, the passport of the depositor, etc., they will not be able to receive any means nor information about the status of the account. To in the critical situation (in the case of a disease, long-term travel, etc.), not to remain without access to its savings, many customers of banks decide to make a power of attorney. What kinds of these documents are taken by banks and the rights that can be credited to trusted persons are further.

Notarial power of attorney for the right to dispose of bank deposits

Power of attorney for the right cash On the bank account is drawn up according to claim 1 of Art. 185 chapters 10 of the Civil Code of the Russian Federation in three forms:

  • in the form of a notarized document (outside the bank). For persons in places of imprisonment, a power of attorney, certified by the head of prison or colony, is equal to notarial powers.
  • in the form of a document certified by an authorized bank employee;
  • in the form of a document certified by the executive authority, local governments, Head of the Organization, where the contributor is learning or working, the head physician of the hospital, in which the Bank's Client is located, as well as the head of the housing site at the place of residence.

Power of attorney for the right to dispose of precious metallols or an impersonal metal on the OMS is decorated only in the form of a notarized document. The cost of such a document varies from 1000 to 1500 rubles, the design is carried out both private and government notaries. The depositor may indicate in the document one or more accounts, which trusts his relative or a close person. You can also clarify the list of account operations that are allowed to perform without the presence of the account itself. Most notaries do not require the presence of a trustee or the presence of the original of his passport in drawing up a power of attorney, but the person's passport data will need to be provided.

If not precious metals are placed on the client's account, and cash, it is easier and faster to issue banking, and not a notarial power of attorney, it is more detailed.

Bank power of attorney at the disposal of the contribution

Banking power of attorney, as well as notarial, gives the right to commit expenditure operations to the authorized person or the urgent contribution of the principal, including to terminate the deposit agreement. You can make a power of attorney for one or more people, while their presence and presentation of passports at the time of the design of the document are not required. Power of attorney in most banks, including both Sberbank, is free.

A power of attorney in a bank can be issued both on one and several urgent contributions, and it is necessary to specify which the principal will instruct the trustee from his name (can only be resolved partial removal money, without termination of the contribution).

According to Art. 186 of the Russian Federation the duration of the power of attorney cannot exceed 3 years. If the data of its issuing is not specified in the power of attorney, this document is recognized as insignificant. If the validity of the power of attorney is not specified, it is equal to one year by default.

Thus, if the contributor wants to bother about his relatives and save them from hassle in the event of its serious illness, temporary loss of working capacity or his death, it is advisable when opening a contribution to arrange a power of attorney. Moreover, this document is issued for a period of 3 years, for free of charge in the bank's separation or for a low fee - from any notary.

This type of power of attorney allows a representative to manage an account open in the bank to the principal name, that is, to dispose financial meanswhich were posted on the score specified in the document.
Any person recognized as capable may act as a principal or a representative by proxy to account in the banking institution. Moreover, the number of trusted persons representing the interests of the person who wrote the power of attorney, in the bank, is not limited. The principal may be on the basis of a power of attorney for the Bank to entrust the management of his current account at once to several representatives.

Features of registration

If the principal owns at the same time multiple accounts, which are stored in various divisions of one banking institution or different banksFor management and disposal, each such account should be discharged separate attorney. To entrust the representative of several accounts on the basis of a unified power of attorney only if all accounts are posted in one division of one banking institution.

Divide two types of attributes for management bank account:

  • one-time, which is issued to take a single operation, for example, withdrawal from the account;
  • and a special, on the basis of which a representative can make a number of homogeneous operations, for example, to manage funds during the agreed period of time.

The representative of the proxy to the account opened in the bank is entitled to carry out any actions if they do not contradict the legislation. The list of authority must be specified in the text of the power of attorney, most often the principles entrust to open an account in the bank, replenish the contribution, close the account or withdraw money.

If the power of attorney is issued to open an account in a banking institution, the list of powers should include the right to sign a bank deposit agreement, as well as making money on it.

List of authority

The authority in which the principal has the right to give a representative on the basis of a proxy to the Bank:

  • opening a bank account;
  • closing an account in the bank;
  • termination and conclusion of a contract with a banking institution;
  • translation of finance from the principal account to another bank account;
  • entering into account, as well as removal from the account of the funds of the principal;
  • receiving payments, compensation and interest on the deposit;
  • submission required for opening or closing the document account;
  • obtaining all the necessary documents;
  • signing documents, including applications for the principal;
  • other actions related to the management of the principal account in the Bank's division, if they are provided for by attorney to account in financial institution.

Power of attorney for opening a current account, deposit depositAlso, an account is issued only in writing and is mandatory certified by the notary or the bank's authorized representative.

Before making banking operations on the basis of power of attorney, the Bank always conducts an inspection of the validity and authenticity of the power of attorney to the account in the banking unit. During such a check, a notary request is sent or other official personwhich made the power of attorney for managing and disposal by a bank account.

Usually the contribution is returned to the depositor in its first requirement in the manner prescribed for the contribution of this type. federal laws and relevant contract. But in the life of every person, an unexpected situation can happen when the disposal of its own funds placed in banks (on urgent deposits, on demand deposits or other current accounts) it is necessary to convey a trusted person. In this case is issued power of attorney at deposit, power of attorney for a single receipt of the contribution or power of attorney.

What is a trustee?

What document is a power of attorney? In accordance with paragraph 1 of Article 185 of Chapter 10 of the Civil Code of the Russian Federation:

"Power of attorney is recognized as a written authority, issued by one person to another person for representation to third parties. Written authority to make a transaction by a representative can be represented by the relevant to the relevant third party."

Methods of proxy to contribute

In accordance with the same 185 article Civil Code Russian Federation To make a power of attorney for a representative of a citizen of expenses on deposits in banks in two in the following ways:


  • directly in the bank where the contribution is placed;

  • outside the bank - through notary or other instances.

And if it is impossible to arrange a power of attorney for the deposit in a bank or through a notary, it can be certified by the following instances:


  1. executive authority;

  2. local self-government body;

  3. the head of the organization in which the principal works or learns;

  4. the head of the housing and operating organization at the place of residence;

  5. the chief physician (or his deputy on the healing part) of the medical institution, in which the depositor is on cure.

Power of attorney are also equally certified by attorney:


  1. military personnel and other persons on hospitals in hospitals, sanatoriums and other military-medical institutions certified by the head of such an institution, his deputy for medical part, senior or duty physician;

  2. servicemen, and in deployment points military units, compounds, institutions and military-educational institutions, where there are no notarial offices and other bodies that make notary actions, also the power of attorney of workers and employees, members of their families and members of the communals certified by the commander (boss) of these parts, compounds, institutions or institutions;

  3. persons in places of imprisonment, certified by the head of the relevant place of imprisonment.

How to fill the power of power of typical form?

When executing a power of attorney in deployment, power of attorney to order a contribution or power of attorney to receive a deposit, the deposit / account owner fills the blank typical form power of attorney in which, as a rule, are indicated:


  1. Data on the form and details of a document certifying his identity and identity of a trusted person (passport details);

  2. Addresses for which the depositor and a trustee (registration of the passport) are registered;

  3. What types of contributions / contribution or account / account and bank / and the power of attorney;

  4. Date of proxies for the contribution. All dates are written in words;

  5. The signature of the owner of the deposit / account corresponding to the sample signature in forms with signature samples in the bank and in the passport;

  6. At the power of attorney, concrete actions will be specified to be made with the score, or the words "dispose of the contribution ...".

At the power of attorney to the contribution of corrections, the subtilities, the charges are not allowed.

Registration of attorney for the contribution is carried out personally by the owner of the contribution, the presence of a trusted person at the time of proxy of the bank must.

The validity of the power of attorney to perform expenditure operations on deposits in banks

In accordance with Article 186 of the Civil Code of the Russian Federation, the duration of the power of attorney to perform expenditure operations on deposits in banks cannot exceed three years. At the power of attorney, it is necessary to indicate the date of its issuance (in words), otherwise it will be invalid (insignificant). This requirement is explained by the fact that the power of attorney comes into force, starting with a specific date, and in a specific law or power of attorney, the date loses its strength.

If the end of its action is not specified in the power of attorney, then it remains strength during the year from the date of registration, which the client is warned by a notary in oral form.

Therefore, the instructions of the release date is used to determine the initial, and unless the deadline and the final moment of the power of attorney are not specified.

In accordance with Art. 857 Civil Code of the Russian Federation Banks of Russia guarantee the secret of bank deposits, deposit operations and information about depositors. Therefore, in accordance with Article 847 of the Civil Code of the Russian Federation, the depositor provides a certificate of the rights of the enticing person to their disposal of cash, which is in his account, providing required documents personally.

Procedure for issuing a deposit by proxy

The issuance of the deposit of the trusted person is made with the obligatory presentation of the following documents:


  • savings, if such, was issued at the deposit;
  • contract degree in the absence of a savings book;
  • passport of a trustee,
  • the original power of attorney to receive the contribution, if it is not transferred to the depositor to storage in the bank. Usually a bank is transmitted a notarized copy of the power of attorney to be disposed of contribution.

Sample power of attorney at the disposal of the contribution

The approximate sample of power of attorney to the disposal of the contribution looks like this:

POWER OF ATTORNEY
at the disposal of the contribution

g .__________________ ______________ (date in words)

I, _________________ (FULL NAME),
living _____________________________________________________,
i trust c. ______________________________________________________(FULL NAME),
living / he ________________________________________________________
dispose of my contribution to the bank / branch / branch of the bank __________________________________________________________________
_________________________ RF N Department ____________________________________________
on the score N___________________________, to sign for me and make all actions,
associated with this order.

Signature of the depositor

Certain inscription notary office

Sample power of attorney at the disposal of the contribution of Sberbank

A sample power of attorney at the disposal of the contribution that offers to issue depositor Sberbank looks like this:

The approximate form of attorney for obtaining amounts from the deposit (accounts) decorated from the bank

POWER OF ATTORNEY

I, _____________________________________________________________________________________,




registered at the address: ___________________________________________________________
______________________________________________________________________________________,
i trust ___________________________________________________________________________
(surname, name, patronymic of the attorney)
"__" ______ 19__D of birth, _____________________________ _____________________________
(type of document certifying personality) Details of a document certifying
_______________________________________________________________________________________,
personality (series, number, date of issue, issued by the authority and place of its location)

registered at: ___________________________________________________________
_______________________________________________________________________________________,
from deposits (s) / accounts (s) No. ___________________________________________________________,
in) in structural division № ______ ________________________________
(name)
departments of Sberbank of Russia G. Moskvi ________________________________________________:

receive

(contribution, pension, translation, etc.) (sum of figures)

receive
________________________ / amount in the amount _____________ (unnecessary cross)
(contribution, pension, translations, etc.) (sum of figures)

at any time / with a frequency __________________________ (unnecessary cross).
(regularity of payments)

The term of the power of attorney _____________________.

___________________________________
(Depositor Signature / Account Owner)

"______" ______________________ 20 ___
(Date of constituency of attorney)

"_____" ________________ 20 ___

Power of attorney signed ____________________________________________________
(surname, name, patronymic of the depositor / account holder)
predit in my presence. The identity of the signatory was documented.

____________________________________
____________________________________
____________________________________ _________________ __________________
(position of a person who has identified power of attorney) (signature) (surname, initials)

Registration of power of attorney to the contribution by foreigners

If the contributor lives outside the Russian Federation, then the procedure for making a power of attorney to a trusted person (relative or familiar) to the contribution placed in any bank of Russia is carried out:


  • For citizens of the Russian Federation, living abroad - with a certificate of attorney by authorized bodies of the country of residence with subsequent legalization at the consular office of the Russian Federation, unless otherwise provided international treatiesby abolishing consular legalization, or consular agencies of the Russian Federation.

  • For foreign citizens and stateless persons living abroad - with the certificate by authorized bodies of the country of residence with subsequent legalization at the consular office of the Russian Federation, unless otherwise provided by international treaties that abolish the consular legalization. A power of attorney may be legalized at the consular office of the Russian Federation in the territory of the state where it is issued, or directly in the Russian Federation.

A power of attorney for the contribution decorated in the state participating in the Hague Convention is made up with a certificate inscription (apostille). Power of attack with apostil is valid for use in the Russian Federation, with the legalization or any other certificate of it in the Russian consulate is not required.

The power of attorney decorated in the state that was previously part of the USSR and participating in the Minsk Convention does not need legalization or any other certificate of it in the Russian consulate.

By proxy for the contribution, a notarized translation is defined by a foreign language. Upon presentation to the power of attorney in deployment, together with the translation, the authentic copy of the power of attorney and translation should be fastened (sewn) together, on the site of the fastening, the stamp and the signature of the notary, witnessed the signature of the translator.

In carrying out contributions with attorney powers, the bank is made verification of the reality of attorney, because The depositor has the right to cancel it at any time. This may request confirmation from the notary that issued a power of attorney.

The procedure for termination of power of attorney when the depositor death

I somehow asked a question:

Does the power of attorney affect the departure after the death of the depositor?

Of course it does not work, the power of attorney automatically loses its strength. The termination of the term of attorney is stated in Article 188 "Termination of Power of Attorney" of the Civil Code of the Russian Federation. The power of attorney for the Civil Code is terminated as a result:

  • expiration of power of attorney;

  • the abolition of power of attorney by the person who issued it;

  • failure to give a power of attorney;

  • termination legal entity, on behalf of which a power of attorney issued;

  • termination of a legal entity who is given a power of attorney;

  • the death of a citizen who issued a power of attorney, recognizing it incapacitated, limitedly capable or missingly absent;

  • the death of a citizen who was given a power of attorney, recognizing it incapacitated, limitedly capable or missingly absent.

Following this, another question arises:

Can a trustee to remove funds by proxy after the death of the depositor?

Of course, if the heirs do not take care of the immediate notification of the bank about the death of the depositor. If the bank and notary on the death of the bank's depositor is not notified, then the issuance of funds can be implemented, and the action of the bank will be considered legal. And the return of funds the heirs in this case will be able to implement only through the court and only after entry into the right of inheritance.

So, in Article 189 "The Consequences of the Termination of Power of Attorney" of the Civil Code of the Russian Federation says:


  • The person who issued a power of attorney and subsequently abolished it, is obliged to notify the abolition of the person who is the power of attorney issued, as well as third parties known to him, for representation in which the power of attorney is given. The same duty is assigned to the defenders of the person who issued a power of attorney in cases of its termination on the grounds provided for in subparagraphs 4 and 6 of paragraph 1 of Article 188 of this Code.

  • The rights and obligations arising from the Action of the person who was given a power of attorney before this person learned or should have learn about its termination, retain the force for the power of attorney and his successors for third parties. This rule does not apply if the third person knew or should have known that the action of the power of attorney was stopped.

  • At the end of the power of attorney, the person she was issued, or his successors are obliged to immediately return the power of attorney.

Any contributor can transfer the rights to order by cash to another person-trusted person. The latter can be a relative or just a close person.

Dear readers! The article talks about typical ways to solve legal issuesBut every case is individual. If you want to know how solve your problem - Contact a consultant:

Applications and calls are accepted around the clock and seven days a week..

It is fast i. IS FREE!

To dispose of the transfer of law a person has the right to themselves as the score itself, there and the funds on it. For such actions, special legal document- Power of attorney.

What it is

Power of Attorney - a legal document in which all conditions for the transfer of rights and obligations of the parties are negotiated. In accordance with paragraph 1 of Article 185 of Chapter 10 of the Civil Code of the Russian Federation, power of attorney is a written authorization issued by one person to another for representation to third parties.

There are two types:

  1. at the disposal of money on the deposit;
  2. on the right to dispose of a bank deposit.

In the first case, the trusted person is allowed to take money from the account, to translate non-cash unlimited amount, replenish the deposit. In the second case, the person has the right to give, close, re-reform or make a deposit in a different person.

Here all persons who have the right to dispose of the deposit are prescribed, all available bank accounts. It is also worth clarifying the list of deposit operations that are entitled to commit principal.

A trust can be any adult face. In some cases, registration on citizens over 14 years old is allowed. In the latter, it will be necessary for the consent of the parents to such an action.

Views

The contributor has the right to open an urgent deposit or account with precious metals. But relatives are not entitled to remove funds or make any operation even having a passport of the depositor.

Notarial

It is drawn up in accordance with paragraph 1 of Article 185 of Chapter 10 of the Civil Code of the Russian Federation in three forms:

  1. a certified document in the notary outside the financial institution. Citizens who stay in the metas of imprisonment are entitled to transfer the document certified by the head of the colony;
  2. Certified power of attorney employee of a financial institution;
  3. A document certified by the executive authority, the management of the company.

If the depositor has a deposit with ingots precious metals or discomposed on OMS, then the transfer of rights is made only in the form of a notarized document. The price of such an operation is 1.5 thousand rubles. Either private, or state notaries can be issued.

The depositor has the right to specify several accounts that considers it necessary to transfer to the managing a trusted person. In the same point, several accounts can be stipulated, which man is managed to make sure without the presence of the main contributor.

Many notarial offices do not require the obligatory presence of the depositor. However, passport details, more precisely, the original passport is obliged to provide. If an account is opened without metals and cash is placed on it, it is better to make banking.

Video: Receipt form

Banking

It gives the right to commit different account operations to the authorized person. You can arrange without the presence of persons. Passports from proxies in design are also not necessary.

The contributor is entitled to enter several trusted people. Registration in many financial institutions is free, but some banks charge a small commission for the operation. Receiving a document does not require additional cost For certification.

You can make up several urgent contributions. A person is obliged to specify all the operations that he allows you to do a trusted person.

If the depositor is worried about his relatives and wants to give them the right to order a deposit on the will , This is possible. After the death of the principal, relatives will receive a contribution by providing the testament along with the identity card. But it is worth taking care of in advance.

What gives a power of attorney to contribute and someone to make it

Allows you to transfer the right to order a trusted person. They may be any adult person or a person who has reached 14 years old with the consent of the parents.

Sample power of attorney

The sample can be found in any notarization.

But it is worth remembering that some subjects of the Russian Federation suggest a somewhat different sample.

On closure

If the contributor wants to designate only the right to closing the deposit, then it must fill out the document. But it is worth remembering that the filling takes place by the depositor himself upon presentation of an identity card.

Opening Deposit

Allows the client financial organization Transfer the right to open the deposit. Issued in writing indicating the authority.

You can get in the credit institution and in the notary office.

For receipt

It is drawn up in both the financial institution and in the notarial office at the place of residence or stay. The trustee is entitled to provide in a contract partial payment.

Such a statement man receives in a credit institution.

On management

Some people because of their illness simply cannot manage savings. In such situations, it is better to transfer the right to managing a trusted person.

To do this, you must fill out and provide it to the financial institution.

How to fill in a model form

The owner is obliged to fill in the typical form in which you need to specify:

  1. all passport details of the account holder or deposit - a series of number, who issued, other details;
  2. address that is registered in the passport;
  3. list all types of deposits that are transmitted to the ownership of another person;
  4. signature corresponding to the signature in the passport;
  5. the last point should indicate all actions permitted by a trusted person with a deposit.

Any fixes are not allowed. When assuming it is necessary to take new blank. Registration is carried out by the owner of the deposit. The presence of a trustee is desirable, but not necessarily.

Who can assure

In accordance with the GC of the Russian Federation, power of attorney has the right to be certified:

  1. notary;
  2. authorized financial institution officer;
  3. executive authority.

Procedure for issuing contributions

For funds on the basis of power of attorney, a person is obliged to provide several documents:

  1. savings book;
  2. passport;
  3. original power of attorney.

The last paragraph feature is that the document must be not overdue.

Validity

According to Article 186 of the Civil Code of the Russian Federation, the validity period does not exceed 36 months. In the absence of the date of issue, the document is considered invalid. If it does not specify the term of validity, one year is automatically affixed.

Procedure for termination

The legislation of the Russian Federation guarantees termination in cases:

  1. expiration of validity;
  2. feedback by his trustee or contributor;
  3. refusal of a trustee;
  4. the death of the applicant or recognizing it is incapable;
  5. the death of a trustee.

If the principal died, then a trusted person arises the question of how to be. Is it possible to make money after his death?

Of course, if relatives do not take care in advance about the notification of the financial institution about the death of their relative. In the reverse case, the Bank may make the issuance of money and this action will be quite natural.

To challenge such an operation, relatives can only in court and that, only after entering into the right of inheritance. As a rule, the bank rises to the side relative and obliges a financial institution to return funds in full.

Registration of power of attorney to the contribution by foreigners

If the contributor lives outside the Russian Federation, it is necessary to obtain a power of attorney by his relatives:

  1. for citizens of the Russian Federation, temporarily residing abroad, power of attorney with the signature of authorized bodies of the country of residence.
  2. for foreigners, a certificate with the signature of authorized persons with further legalization at the consulate of the Russian Federation.

A certified translation is mandatory in a foreign language certificate. Upon presentation to the financial institution, both documents must be fastened and sewn. When damaged, the firmware is considered invalid.

Algorithm for making a power of attorney to contribute to Sberbank

To decorate the client of a financial institution, it is necessary to contact the department at the place of deposit. Employee Sberbank will make an independent power of attorney.

It is also possible to refer to the notary, and only then visit the office of the financial institution. Make up and assure the document managers different levels, and even the authorities.

POWER OF ATTORNEY

St. Petersburg, (number, month, year)

I, Ivanov Ivan Ivanovich, March 00, 1900 Birth, Passport 40 00 000000 issued TP No. 65 of the Department of the Federal Migration Service of Russia in St. Petersburg and the Leningrad Region. In the Primorsky district of the mountains. St. Petersburg March 15, 2000, registered at the address: St. Petersburg, Vasika Street, House 3, Corpus 4, Apartment 5,

in this attorney authorized

Ivanova Ivan Ivanovich, April 00, 1980, the passport 40 00 000010 was issued by TP No. 65 of the Department of the Federal Migration Service of Russia in St. Petersburg and the Leningrad Region. In the Primorsky district of the mountains. St. Petersburg March 15, 2000, registered at: St. Petersburg, Vasika Street, House 3, Corpus 4, Apartment 159,

use and manage cash. stored in the account number _________________ in the branch (separation / additional office) of the bank _____,

in this regard, make all the necessary operations with the specified account, with the right to replenish the account, transferring money from the cash account in an unlimited number, withdrawing funds from the specified account, receiving interest, compensation and other payments, if you need to close the specified account,

for which I give the right to file and receive all the necessary references and documents, submit from my name statement, to sign and perform all actions and formalities associated with this order.

Power of attorney issued for a period of three years, with the right of handover.

The text of the power of attorney is read personally, the content of the power of attorney is read, my data and data of the representative, which is given a power of attorney, are correct. Powers are indicated in the power of attorney from my words and correspond to my desire.

Power of attorney for bank account management

The representative of the proxy to the Bank is entitled to commit any actions that do not contradict the legislation, which he received on the basis of a power of attorney for the bank. Most often, citizens make up a power attorney for opening a current account, closing the account, replenishment of the contribution and removal of funds. In particular, the power of attorney to open an account must contain authority to conclude a bank account agreement (contribution) to making money on it.

The authority to which the principal can endow a representative of proxy to the Bank:

Opening and closing a bank account

Conclusion and termination of the contract with the Bank

Making accounts and deregulation of fundamental principal

Power of attorney for management and disposal by bank account and / or banking

This type of power of attorney allows a representative to manage an account open at the bank to the principal name, that is, to dispose of financial resources that were posted on the account specified in the document.

Any person recognized as capable may act as a principal or a representative by proxy to account in the banking institution. Moreover, the number of trusted persons representing the interests of the person who wrote the power of attorney, in the bank, is not limited. The principal may be on the basis of a power of attorney for the Bank to entrust the management of his current account at once to several representatives.

Features of registration

If the principal owns at the same time multiple accounts, which are stored in various divisions of one banking institution or in different banks, on management and disposal, each such account should be discharged separate attorney. To entrust the representative of several accounts on the basis of a unified power of attorney only if all accounts are posted in one division of one banking institution.

Separate two types of attributes for bank account management:

  • one-time, which is issued to take a single operation, for example, removing money from the account
  • and a special, on the basis of which a representative can make a number of homogeneous operations, for example, to manage funds during the agreed period of time.
  • The representative of the proxy to the account opened in the bank is entitled to carry out any actions if they do not contradict the legislation. The list of authority must be specified in the text of the power of attorney, most often the principles entrust to open an account in the bank, replenish the contribution, close the account or withdraw money.

    If the power of attorney is issued to open an account in a banking institution, the list of powers should include the right to sign a bank deposit agreement, as well as making money on it.

    List of authority

    The authority in which the principal has the right to give a representative on the basis of a proxy to the Bank:

  • opening a bank account
  • closing an account in the bank
  • termination and conclusion of a contract with a banking institution
  • translation of finance from the principal account to another bank account
  • including on the account, as well as removal of funds from the account of the creditor
  • getting payments, compensation and interest on the deposit
  • representation of the required documents required for opening or closing
  • getting all necessary documents
  • signing documents, including applications for the principal
  • other actions related to the management of the principal account in the Bank's division, if they are provided for by attorney to the account in the financial institution.
  • Power of attorney for opening a current account, deposit deposit, and also to order an account is made only in writing and is mandatory certified by the notary or the bank's authorized representative.

    Before making banking operations on the basis of power of attorney, the Bank always conducts an inspection of the validity and authenticity of the power of attorney to the account in the banking unit. During such an audit, a request is sent to a notary or other official, which has made a power of attorney for managing and disposal by a bank account.

    Registration of power of attorney

    You, being a capable citizen, have the right to provide another person (or several persons) the right of disposal of your bank deposit and the right to perform operations related to your bank service.

    Everything bank operations Performed by the representative on your behalf, upon presentation of a document certifying his identity.

    In accordance with Art. 186 Civil Code of the Russian Federation Power of attorney can be framed for any period defined by the rules of Art. 190 of the Civil Code of the Russian Federation, according to which the term is determined:

  • calendar Date
  • or the expiration of the period of time, which is calculated for years, months, weeks, days or hours,
  • or an indication of an event that should inevitably come.
  • The maximum validity of power of attorney is not provided by law. If the power of attorney does not specify its validity, then it retains strength during the year from the date of its commission.

    An exemplary list of powers that you can provide your representative:

  • conclusion, change and termination of bank account agreements and bank deposits in rubles and foreign currency For any time and on any conditions, including through accession to a comprehensive banking service agreement
  • decree of cash that is on the bank deposit / account (a specific account number may be specified)
  • getting an instance of a signed bank account / bank deposit agreement
  • exercise on accounts and deposits of settlement and cash operations, including cash making on the account (into the contribution), receiving cash from the account (contribution), cash transfers for other accounts (contributions) of the principal and (or) third parties, conversion operations, as well as other operations stipulated by the legislation of the Russian Federation, the instructions of the Bank of Russia, banking practice, bank account agreements (contribution), including through bank card and other bank instruments Account Management (contribution)
  • the right to sign the calculated and cash documents (perception (expendable) orders) on the introduction (removal) of cash, statements for transfer, converting funds, as well as the implementation of other actions and signature of other documents related to the fulfillment of the assignment.
  • You can always cancel power of attorney for the right to dispose of your bank deposit / account and the right to perform operations related to your service in a bank, who has been given a person to whom the power of attorney is issued, as well as those who have known for third parties, for representation in front of the power of attorney, TCD Bank.

    Power of attorney for the deposit and the procedure for making a power of attorney at the disposal of the contribution 14.04.09

    Usually, the contribution is returned to the depositor in its first requirement in the manner prescribed for the contribution of this type by federal laws and the relevant contract. But in the life of every person, an unforeseen situation can happen when the disposal of its means placed in banks (on urgent deposits on demand deposits or other current accounts) must be transferred to a trusted person. In this case, the attorney is proceeding. Power of attorney for a single receipt of the contribution or power of attorney to the disposal of the contribution.

    What is a trustee?

    What document is a power of attorney? In accordance with paragraph 1 of Article 185 of Chapter 10 of the Civil Code of the Russian Federation: "Power of attorney is recognized as a written authority, issued by one person to another person for representation to third parties. The written authority to the execution of the transaction can be represented by the representative of the relevant third party."

    Methods of proxy to contribute

    In accordance with the same 185 articles of the Civil Code of the Russian Federation, to make a power of attorney to the representative of a citizen of consumables on bank deposits in banks in two in the following ways:

  • directly in the bank where the contribution is posted
  • outside the bank - through notary or other instances.

    And if it is impossible to arrange a power of attorney for the deposit in a bank or through a notary, it can be certified by the following instances:

  • executive authority
  • local government
  • the head of the organization in which the principal works or learns
  • head of the housing and operating organization at the place of residence
  • the chief physician (or his deputy on the healing part) of the medical institution, in which the depositor is on cure.
  • Power of attorney are also equally certified by attorney:

  • military personnel and other persons on cure in hospitals, sanatoriums and other military medical institutions certified by the head of such an institution, his deputy for medical part, senior or duty physician
  • military personnel, and at the deployment points of military units, compounds, institutions and military-educational institutions, where there are no notarial offices and other bodies committing notarial actions, also the power of attorney of workers and employees, members of their families and family members of servicemen certified by the commander (boss) of these parts, compounds, institutions or institutions
  • persons in places of imprisonment, certified by the head of the relevant place of imprisonment.

    How to fill the power of power of typical form?

    When making a power of attorney for the deposit, power of attorney to order a contribution or power of attorney to obtain a contribution, the owner of the contribution / account fills the form of a typical form of attorney in which, as a rule, is indicated:

  • Data on the form and details of a document certifying his identity and identity of a trusted person (Passport details)
  • Addresses for which the depositor and the Trustee (Passport Registration)
  • What types of contributions / contribution or account / account and bank / and the power of attorney
  • Date of proxies for the contribution. All dates in the power of attorney are written in words
  • The signature of the owner of the deposit / account corresponding to the sample of the signature in forms with signature samples in the bank and in the passport
  • At the power of attorney, concrete actions will be specified to be made with the score, or the words "dispose of the contribution ...".

    At the power of attorney to the contribution of corrections, the subtilities, the charges are not allowed.

    Registration of attorney for the contribution is carried out personally by the owner of the contribution, the presence of a trusted person at the time of proxy of the bank must.

    The validity of the power of attorney to perform expenditure operations on deposits in banks

    In accordance with Article 186 of the Civil Code of the Russian Federation, the duration of the power of attorney to perform expenditure operations on deposits in banks cannot exceed three years. At the power of attorney, it is necessary to indicate the date of its issuance (in words), otherwise it will be invalid (insignificant). This requirement is explained by the fact that the power of attorney comes into force, starting with a specific date, and in a specific law or power of attorney, the date loses its strength.

    If the end of its action is not specified in the power of attorney, then it remains strength during the year from the date of registration, which the client is warned by a notary in oral form.

    Therefore, the instructions of the release date is used to determine the initial, and unless the deadline and the final moment of the power of attorney are not specified.

    In accordance with Art. 857 Civil Code of the Russian Federation Banks of Russia guarantee the secret of bank deposits, deposit operations and information about depositors. Therefore, in accordance with Article 847 of the Civil Code of the Russian Federation, the depositor provides a certificate of the rights of the enticing person to their disposal of cash, which is in his account, providing the necessary documents to the bank personally.

    Procedure for issuing a deposit by proxy

    The issuance of the deposit of the trusted person is made with the obligatory presentation of the following documents:

  • savings, if such issued by deposit
  • contract for the contribution in the absence of a savings
  • passport of a trustee,
  • the original power of attorney to receive the contribution, if it is not transferred to the depositor to storage in the bank. Usually a bank is transmitted a notarized copy of the power of attorney to be disposed of contribution.
  • Sample power of attorney at the disposal of the contribution

    The approximate sample of power of attorney at the disposal of the contribution looks like this: a power of attorney

    at the disposal of the contribution

    g .__________________ ______________ (date in words)

    I, _________________ (FULL NAME),

    living _____________________________________________________,

    i trust c. ______________________________________________________(FULL NAME),

    living / he ________________________________________________________

    dispose of my contribution to the bank / branch / branch of the bank __________________________________________________________________

    RF n branch ____________ g .____________________________

    on the score N___________________________, to sign for me and make all actions,

    associated with this order.

    Signature of the depositor

    Certain inscription notary office

    Sample power of attorney at the disposal of the contribution of Sberbank

    A sample power of attorney at the disposal of the contribution that suggested to arrange the depositors of Sberbank looks like this: an approximate form of attorney for obtaining amounts from the deposit (accounts) decorated from the bank

    POWER OF ATTORNEY

    I, _____________________________________________________________________________________,

    (surname, name, patronymic of the depositor / account holder)

    (type of document certifying personality) Details of a document certifying

    _______________________________________________________________________________________,

    personality (series, number, date of issue, issued by the authority and place of its location)

    registered at the address: ___________________________________________________________

    ______________________________________________________________________________________,

    i trust ___________________________________________________________________________

    (surname, name, patronymic of the attorney)

    "__" ______ 19__D of birth, _____________________________ _____________________________

    ________________________ / amount in the amount _____________ (unnecessary cross)

    (contribution, pension, translations, etc.) (sum of figures)

    at any time / with a frequency __________________________ (unnecessary cross).

    (regularity of payments)

    The term of the power of attorney _____________________.

    ___________________________________

    (Depositor Signature / Account Owner)

    "______" ______________________ 20 ___

    (Date of constituency of attorney)

    predit in my presence. The identity of the signatory was documented.

    ____________________________________

    ____________________________________

    ____________________________________ _________________ __________________

    (position of a person who has identified power of attorney) (signature) (surname, initials)

    Registration of power of attorney to the contribution by foreigners

    If the contributor lives outside the Russian Federation, then the procedure for making a power of attorney to a trusted person (relative or familiar) to the contribution placed in any bank of Russia is carried out:

  • For the citizens of the Russian Federation, living abroad - with a certificate of attorney by authorized bodies of the country of residence with subsequent legalization at the consular office of the Russian Federation, unless otherwise provided by international treaties that abolish the consular legalization, or consular agencies of the Russian Federation.
  • For foreign citizens and stateless persons living abroad - with the certificate by authorized bodies of the country of residence with subsequent legalization at the consular office of the Russian Federation, unless otherwise provided by international treaties that abolish the consular legalization. A power of attorney may be legalized at the consular office of the Russian Federation in the territory of the state where it is issued, or directly in the Russian Federation.

    A power of attorney for the contribution decorated in the state participating in the Hague Convention is made up with a certificate inscription (apostille). Power of attack with apostil is valid for use in the Russian Federation, with the legalization or any other certificate of it in the Russian consulate is not required.

    The power of attorney decorated in the state that was previously part of the USSR and participating in the Minsk Convention does not need legalization or any other certificate of it in the Russian consulate.

    By proxy for the contribution, a notarized translation is defined by a foreign language. Upon presentation to the power of attorney in deployment, together with the translation, the authentic copy of the power of attorney and translation should be fastened (sewn) together, on the site of the fastening, the stamp and the signature of the notary, witnessed the signature of the translator.

    In carrying out contributions with attorney powers, the bank is made verification of the reality of attorney, because The depositor has the right to cancel it at any time. This may request confirmation from the notary that issued a power of attorney.

    The procedure for termination of power of attorney when the depositor death

    I somehow asked a question: Does the power of attorney affect the departure of the depositor?

    Of course it does not work, the power of attorney automatically loses its strength. The termination of the term of attorney is stated in Article 188 "Termination of Power of Attorney" of the Civil Code of the Russian Federation. The power of attorney for the Civil Code is terminated as a result:

  • expiration of power of attorney
  • the abolition of power of attorney by the person who issued it
  • failure to be a power of attorney issued
  • termination of a legal entity, on behalf of which a power of attorney issued
  • termination of a legal entity who issued a power of attorney
  • the death of a citizen who issued a power of attorney, recognizing him as incapable, limitedly capable or missingly absent
  • the death of a citizen who was given a power of attorney, recognizing it incapacitated, limitedly capable or missingly absent.

    Following this, another question arises:

    Can a trustee to remove funds by proxy after the death of the depositor?

    Of course, if the heirs do not take care of the immediate notification of the bank about the death of the depositor. If the bank and notary on the death of the bank's depositor is not notified, then the issuance of funds can be implemented, and the action of the bank will be considered legal. And the return of funds the heirs in this case will be able to implement only through the court and only after entry into the right of inheritance.

    So, in Article 189 "The Consequences of the Termination of Power of Attorney" of the Civil Code of the Russian Federation says:

  • The person who issued a power of attorney and subsequently abolished it, is obliged to notify the abolition of the person who is the power of attorney issued, as well as third parties known to him, for representation in which the power of attorney is given. The same duty is assigned to the defenders of the person who issued a power of attorney in cases of its termination on the grounds provided for in subparagraphs 4 and 6 of paragraph 1 of Article 188 of this Code.
  • The rights and obligations arising from the Action of the person who was given a power of attorney before this person learned or should have learn about its termination, retain the force for the power of attorney and his successors for third parties. This rule does not apply if the third person knew or should have known that the action of the power of attorney was stopped.
  • At the end of the power of attorney, the person she was issued, or his successors are obliged to immediately return the power of attorney.
  • Articles on the topic