Civil code of the Russian Federation. Chapter 10. Representation. Attorney
Article 182. Representation
Positions of higher courts under article 182 of the civil code of the Russian Federation
1. A transaction made by one person (representative) on behalf of another person (represented) by virtue of powers based on power of attorney, specifying the law or act of the authorized state body or local self-government, directly creates, modifies and terminates civil rights and obligations represent.
The authority may also come from the environment in which the representative acts (retail salesman, cashier, etc.).
2. representatives are Not persons acting in the interests of others, but on their own behalf, persons who only convey the will of another person expressed in a proper form, as well as persons authorized to enter into negotiations regarding possible future transactions.
(as amended by Federal law of 07.05.2013 N 100-FZ)
3. the Representative may not make transactions on behalf of the representative in relation to himself or herself, or in relation to another person, whose representative he is simultaneously, except in cases stipulated by law.
A transaction that is made in violation of the rules established in the first paragraph of this paragraph, and to which the representative did not consent, may be declared invalid by the court on the claim of the representative, if it violates his interests. Violation of the interests of the represented person is assumed, unless proven otherwise.
(p. 3 in ed. Federal law of 07.05.2013 N 100-FZ)
4. it is Not allowed to make a transaction through a representative, which by its nature can only be made in person, as well as other transactions specified in the law.
Article 183. Conclusion of a transaction by an unauthorized person
1.if there is no authority to act on behalf of another person or if such authority is exceeded, the transaction is considered concluded on behalf of and in the interests of the person who made it, unless the other person (represented) subsequently approves the transaction.
Prior to the approval of the transaction by the representative, the other party has the right to refuse it unilaterally by a statement to the person who made the transaction, except for cases when the transaction was made, if it knew or should have known about the lack of authority of the person who made the transaction or about their excess.
(item 1 in ed. Federal law of 07.05.2013 N 100-FZ)
2. Subsequent approval of the transaction by the representative creates, changes and terminates for him the civil rights and obligations under this transaction from the moment of its completion.
3. If present refused to approve the deal or the response to the proposal submitted to approval is not received within a reasonable time, the other party shall be entitled to require unauthorized person enters into the transaction, execution of transaction or the right to refuse it unilaterally and to demand from that person compensation for damages. Losses are not reimbursed if the other party knew or should have known about the lack of authority or its excess during the transaction.
(item 3 introduced by Federal law from 07.05.2013 N 100-FZ)
Article 184. Commercial representation
(as amended by Federal law of 07.05.2013 N 100-FZ)
1. a Commercial representative is a person who constantly and independently represents on behalf of entrepreneurs when they conclude contracts in the field of business activity.
2. Simultaneous commercial representation of different parties in a transaction is allowed with the consent of these parties, as well as in other cases provided for by law. If a commercial representative acts in an organized auction, it is assumed, unless otherwise proved, that the representative agrees to be simultaneously represented by such a representative of the other party or other parties.
3. the Specifics of commercial representation in certain areas of business activity are established by law and other legal acts.
Article 185. General provisions on power of attorney
(as amended by Federal law of 07.05.2013 N 100-FZ)
Positions of higher courts under article 185 of the civil code of the Russian Federation >>>
1. a power of Attorney is a written authorization issued by one person to another person or to other persons for representation before third parties.
2. power of Attorney on behalf of minors (article 28) and on behalf of incapacitated citizens (article 29) shall be issued by their legal representatives.
3. The written authorization for the transaction by a representative may be submitted submitted directly to the relevant third party who has the right to verify the identity of present and make a mark on the document confirming powers of the representative.
A written authorization to receive a citizen's representative's Deposit in a Bank, Deposit funds to his / her Deposit account, perform operations on his / her Bank account, including receiving funds from his / her Bank account, as well as to receive correspondence addressed to him / her in a communication organization may be submitted directly to the Bank or the communication organization.
4. The rules of this code on power of attorney shall also apply in cases where the powers of a representative are contained in an agreement, including an agreement between a representative and a representative, between a representative and a third person, or in a decision of the meeting, unless otherwise established by law or contradicts the substance of the relationship.
5.if a power of attorney is issued to several representatives, each of them has the powers specified in the power of attorney, unless the power of attorney provides that the representatives exercise them jointly.
6. The rules of this article shall appropriately apply also in cases where the power of attorney granted to several persons jointly.
Article 185.1. Certificate of power of attorney
(introduced by Federal law n 100-FZ of 07.05.2013)
Positions of the higher courts under article 185.1 of the civil code >>>
1. a power of Attorney to perform transactions requiring a notarized form, to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers, must be notarized, except in cases stipulated by law.
2. To notarized powers of attorney are equal:
1) power of attorney of the military personnel and other persons who are on treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the chief of such institution, his Deputy for the medical part, and in their absence by the senior or duty doctor;
2) power of attorney of military servicemen, and paragraphs dislocation military units, formations, institutions and military schools where there are notary's offices and other bodies making notarial actions, also the powers of attorney of workers, their families and members of military families who are certified by the commander (chief) of these parts, connections, companies or institutions;
3) powers of attorney of persons in places of deprivation of freedom authenticated by the head of the prison;
4) power of attorney of adults with legal capacity who live in stationary social service organizations, which are certified by the administration of this organization or the head (his Deputy) the relevant body of social protection of the population.
(item 4 in ed. Federal law of 28.03.2017 N 39-FZ)
3. a power of Attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, allowances and scholarships, or to receive correspondence, with the exception of valuable correspondence, may be certified by the organization where the principal works or studies, and by the administration of the inpatient medical facility where he is being treated. This power of attorney is certified free of charge.
4. a power of Attorney on behalf of a legal entity is issued with the signature of its head or other person authorized to do so in accordance with the law and constituent documents.
Article 186. term of power of attorney
1. If the power of attorney does not specify the term of its validity, it remains in force for a year from the date of its execution.
(as amended by Federal law of 07.05.2013 N 100-FZ)
A power of attorney that does not specify the date of its execution is void.
2. a notarized power of attorney intended for performing actions abroad and not containing an indication of its validity period shall remain in force until it is revoked by the person who issued the power of attorney.
Article 187. Retrust
(as amended by Federal law of 07.05.2013 N 100-FZ)
Positions of higher courts under article 187 of the civil code of the Russian Federation >>>
1. the Person to whom the power of attorney is issued must personally perform the actions for which it is authorized. It may delegate their making to another person if authorized by the warrant, as well as if compelled to it by force of circumstances for protection of interests issued the power of attorney of the person and the power of attorney does not prohibit the assignment.
2. A person who transfers the powers to another person must notify within a reasonable time by issuing a power of attorney person and tell him the required information about the entity that transferred powers. Failure to perform this duty imposes on the transferor responsibility for the actions of the person to whom it transferred the authority, as for their own.
3. The power of attorney issued in order of substitution must be notarized.
The rule on notarizing a power of attorney issued by way of transfer does not apply to powers of attorney issued by way of transfer by legal entities, heads of branches and representative offices of legal entities.
4. The validity of power of attorney issued in order of substitution may not exceed the period of validity of the power of attorney under which it is issued.
5. a transfer of Confidence is not allowed in the cases provided for in paragraph 3 of article 185.1 of this Code.
6. Unless otherwise specified in the power of attorney or established by law, the representative who has transferred authority to another person by way of transfer, does not lose the relevant authority.
7. the Transfer of powers by a person who received these powers as a result of a transfer to another person (subsequent transfer) is not allowed, unless otherwise provided in the original power of attorney or established by law.
Article 188. Termination of power of attorney
Positions of higher courts under article 188 of the civil code of the Russian Federation >>>
1. The power of attorney is terminated due to:
1) expiration of the power of attorney;
2) cancellation of power of attorney by the person who issued it or by one of the persons issuing the power of attorney together, with cancellation of power of attorney is made in the same form in which was issued the power of attorney or notarial form;
(as amended by Federal law of 03.07.2016 N 332-FZ of)
3) refusal of the person to whom the power of attorney was issued from the authority;
4) termination of the legal entity on whose behalf or to which the power of attorney was issued, including as a result of its reorganization in the form of division, merger or accession to another legal entity;
5) death of the citizen who issued the power of attorney, recognition of his incapacity, limited capacity or unknown absence;
6) the death of a citizen who was granted a power of attorney, the recognition of his incapacity, limited capacity or unknown absence;
7) introduction of such bankruptcy procedure in respect of the representative or representative, in which the relevant person loses the right to issue power of attorney independently.
(item 1 in ed. Federal law of 07.05.2013 N 100-FZ)
2. The person who issued the power of attorney at any time may withdraw from the authority, and the person who issued the power of attorney may revoke the power of attorney or assignment, except in the case provided for in article 188.1 of the Code. The agreement to waive these rights is null and void.
(item 2 in ed. Federal law of 07.05.2013 N 100-FZ)
3. with the termination of the power of attorney, the transfer of trust becomes invalid.
Article 188.1. An irrevocable power of attorney
(introduced by Federal law dated 07.05.2013 No. 100-FZ)
1. In order to implement or enforce the obligations before representative or persons on behalf or in whose interests the representative acts, in cases where such an obligation is connected with entrepreneurial activities and submitted may specify in a power of attorney issued to the representative, that this authorization cannot be revoked before the expiry of its validity or may be cancelled only in the prescribed power of attorney cases (an irrevocable power of attorney).
Such power of attorney may in any case be revoked after the termination of the obligation for the performance or enforcement of which it was issued, as well as at any time in the event of abuse of the representative's authority, as well as in the event of circumstances clearly indicating that this abuse may occur.
2. an Irrevocable power of attorney must be notarized and contain a direct indication of the restriction on the possibility of its cancellation in accordance with paragraph 1 of this article.
3. a Person who has been issued an irrevocable power of attorney may not entrust the performance of actions for which it is authorized to another person, unless otherwise provided in the power of attorney.
Article 189. Consequences of termination of the power of attorney
Positions of higher courts under article 189 of the civil code of the Russian Federation >>>
1. the Person who issued the power of attorney and subsequently revoked it shall notify the person to whom the power of attorney was issued of the revocation, as well as the third parties known to him, to whom the power of attorney was given for representation. The same obligation shall be imposed on the legal successors of the person who issued the power of attorney in cases of its termination on the grounds provided for in sub-paragraphs 4 and 5 of paragraph 1 of article 188 of this Code.
(as amended by Federal law of 07.05.2013 N 100-FZ)
Information about the cancellation of the power of attorney made in notarial form is entered by the notary in the register of notarial actions, which is maintained in electronic form, in accordance with the procedure established by the legislation on notaries. The specified information is provided by the Federal notary chamber to an unlimited number of persons using the Internet information and telecommunications network.
(as amended by Federal law of 03.07.2016 N 332-FZ of)
Information about the cancellation of a power of attorney made in simple written form may be published in the official publication that publishes information about bankruptcy. In this case, the signature on the application for revocation of the power of attorney must be notarized.
(the paragraph is introduced by the Federal law of 03.07.2016 N 332-FZ)
If third parties were not notified of the cancellation of the power of attorney earlier, they are considered notified of the notarized cancellation of the power of attorney on the next day after entering information about it in the register of notarial actions, and of the simple written cancellation of the power of attorney - after one month from the date of publication of such information in the official publication in which information about bankruptcy is published.
(the paragraph is introduced by the Federal law of 03.07.2016 N 332-FZ)
2. If a third party filed a power of attorney, the termination of which it neither knew nor should have known, the rights and obligations acquired as a result of actions of the person whose powers are terminated, remain in force for the present and his successors.
(paragraph 2 in ed. Federal law of 07.05.2013 N 100-FZ)
3. Upon termination of a power of attorney the person to whom it was issued or his legal successors are obliged to immediately return the power of attorney.
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