Who can deregister a car?
In accordance with the Civil Code of the Russian Federation (namely, Article 185 part 1), the owner of movable property has the right to draw up a power of attorney to deregister a car from the traffic police in simple written form for any citizen over 18 years of age. It is also advisable that the person in charge has an idea of how the procedure for deregistering a car with the MREO occurs. Otherwise, the law does not provide any restrictions.
If a general power of attorney is drawn up by a person who has legal status, then for him the second party is most often his subordinates. But this is not considered a prerequisite, nor is knowledge of the law. And therefore it can be ignored.
In what cases is a proxy needed?
There are rules that cannot be ignored. According to the regulations of the Ministry of Internal Affairs, the driver has the right to draw up a power of attorney to deregister a car in the following cases:
- Sale of a vehicle;
- Cancellation of car registration due to its destruction (this also includes scrapping the car);
- Vehicle theft;
- Removal of movable property outside the country.
It is important to know! Based on this, it turns out that using a general power of attorney, you can deregister a car under any circumstances provided for by the law of the Russian Federation. This means that such a document gives a person the same powers that its direct owner has.
In addition to the age of majority, the only conditions for the responsible person include his legal capacity. Indeed, according to the traffic police regulations, issuing a certificate for a citizen who does not have the opportunity to independently exercise his rights is strictly prohibited. The social status of the guarantor and the presence or absence of a driver's license do not affect the preparation of the form.
Types of powers of attorney
There are several types of this document: special, general, one-time. Below is a sample power of attorney for deregistration of a car, which can be used as an example of filling it out.
In this case, the form of the document is determined by the owner who decided to deregister the car by proxy.
General and special powers of attorney
- A general license is issued if there is a need to provide a person with the opportunity to register and deregister, as well as if it is necessary to purchase or sell a vehicle.
- A special one must be written out in the case when a person needs to represent you in a specific situation.
For example, in the traffic police, to register a car from the state database. A one-time power of attorney is issued for one action, the same way, for example, in the traffic police or in court. The accuracy of the data entered in the form must be confirmed by a passport of a citizen of the Russian Federation.
Since the power of attorney to deregister a car carries with it a certain legal weight, it is very important to indicate all the data correctly, without errors.
Also, do not forget that the document must be certified by a certified notary in a law firm, otherwise the state traffic police may not accept it.
How the procedure works
In order to issue a power of attorney to deregister a car with the State Traffic Safety Inspectorate according to the generally accepted model, the current owner must follow certain steps. They are quite feasible for any person:
- Collect a complete package of documents;
- Notify the other party to the agreement about the place and date of the meeting;
- Appear with the guarantor at the law office;
- Fill out the form based on the passports of the current owner of the vehicle and the responsible person;
- Sign the paper and receive a notary stamp.
Having such a certificate in hand, the authorized representative can easily carry out the procedure for removing the car from state registration, subject to compliance with the internal regulations of the MREO.
Required documents
To certify the general agreement between the vehicle owner and the guarantor, the notary must provide:
- Passport of the responsible person;
- Identity card of the vehicle owner;
- Vehicle PTS.
In fact, this list of documents is considered the most extensive, and therefore for limited types of documents it can be somewhat reduced.
Power of attorney for deregistration
The power of attorney form for deregistration of a car with the traffic police is a handwritten agreement drawn up in a generally accepted form. Depending on the type, such a certificate can give a citizen not only limited powers, but also give him complete freedom of action in relation to the vehicle. We will consider below what examples exist in the regulations of the Ministry of Internal Affairs.
Kinds
According to the list of powers granted, a power of attorney is divided into two main types: legal and physical. But based on the duration period, this document can be:
- Disposable (issued to the responsible person for a specific purpose);
- Special (issued for a specified period during which the guarantor can carry out only the same type of operations in relation to movable property);
- General (has no expiration period and gives the second party to the contract the same powers as those provided for the direct owner of the vehicle).
It is important to know! Depending on the type of certificate chosen, the cost of notarization will vary significantly. It is impossible to carry out such a procedure for free.
What should a power of attorney contain?
Depending on the type of person giving authority to another citizen, the paragraphs of the document may vary.
Let's consider the approximate contents of a power of attorney document issued by an organization to its employee:
- date of the paper and name of the locality where it is issued;
- information about the trustor company (name, INN, OGRN, legal address of the enterprise; full name, position, passport details of the person authorized to sign the power of attorney on behalf of the enterprise; details of the document that vested him with such powers, for example, the charter of the company);
- information about the authorized person (full name, position, passport details);
- a specific list of delegated powers;
- car data (make, model, year of manufacture, color, state and identification license plates and other data);
- the period for which the power of attorney is issued;
- the opportunity to transfer one’s powers to another official (or a ban on such actions).
power of attorney to deregister a car with the traffic police for a legal entity.
Sample power of attorney to deregister a car with the State Traffic Safety Inspectorate for individuals
For ordinary citizens, the content of the power of attorney will be slightly different. So, for individuals, the form indicates the following items:
- date and place of document preparation;
- information about the principal and authorized representative (full name, date of birth, passport details, registration address and actual place of residence);
- information about the characteristics of the vehicle (make, model, color, etc.);
- the period while the power of attorney is valid;
- the possibility or prohibition of transferring powers to another person.
power of attorney to deregister a car with the traffic police for an individual.
Sample power of attorney to deregister a car with the State Traffic Safety Inspectorate for individuals
The maximum period for which a power of attorney is issued is 3 years. If the form does not indicate the validity period of the document, then it is considered valid for 1 year from the date of signing by the parties (Article 186 of the Civil Code of the Russian Federation).
Sample design
The downloaded power of attorney form to deregister a car with the State Traffic Safety Inspectorate is filled out exclusively by hand and submitted in writing to a notary representative. It is not necessary to write information in such documents in printed font. Regular handwritten text will also work. The main thing is that the certificate is readable. If this condition is met, the lawyer will put his signature, which will give the completed paper legal force.
For individuals
Any type of agreement for the transfer of the right to cancel the registration of a car in the MREO to a third person is filled out according to the uniform standard provided for individuals. This form includes the following data:
- Date of drawing up the power of attorney, name of the legitimizing authority;
- Initials, date of birth and region of registration of the current owner of movable property;
- Vehicle data (model, make, year of manufacture, state number and VIN code);
- Validity period of the document (not indicated in all cases);
- Full name and actual place of residence of the representative.
Additionally, the form must include a signature and indicate the possibility of re-issuing the power of attorney to third parties. Without the listed notes, the paper will not be considered valid, and it will definitely not be possible to sell a car using it.
For legal entities
For legal entities, a sample power of attorney for deregistration of a car is drawn up in approximately the same way as for citizens with physical status. But this type of certificate must also contain extended data. Namely:
- The city where the contract was concluded;
- The name of the organization acting as the principal (the address of the company and its state registration number are also indicated);
- Initials and position of the person responsible;
- A list of responsibilities and powers that the document confers on the representative;
- The full name of the traffic police department where the guarantor will carry out procedures in relation to the vehicle transferred to him;
- Characteristics of movable property (model, make, year of manufacture, color, body and engine numbers);
- Duration period of the contract.
It is important to know! Just like a physical power of attorney, the legal document requires a statement that it cannot be passed on to third parties. For notarization, the drawn up paper must be secured with the signatures of both parties.
Decor
To successfully conclude a transaction, the participation of two parties is necessary - the attorney and the principal. The power of attorney to deregister a car does not have a limited form. It can be provided in printed or handwritten form. However, in each case the form contains the following mandatory information about the persons involved:
- Date of issue of the document, otherwise the document is not considered reliable. Its validity is limited to three years. Exceeding is unacceptable. If the document does not indicate the duration of use, then it becomes equal to one year;
- Last names, first names and patronymics of the owner of the vehicle and the person concluding a power of attorney to deregister the vehicle;
- Address of actual residence of the parties involved;
- Basic parameters of the car. Date and place of issue of the vehicle passport;
- List of procedures allowed to be carried out by an attorney.
Do I need to notarize a power of attorney?
We have already considered the question of whether it is possible to deregister a car using a general power of attorney. Now is the time to move on to another interesting question about the need to legalize a certificate from a lawyer. After all, such a procedure requires additional funds, and therefore many drivers want to save on it.
But from the point of view of the law, such a possibility is completely absent, since a form drawn up in accordance with all the rules will not become valid without the signature of a special representative. This means that the guarantor, in case of failure to comply with these powers, will not bear any responsibility.
Based on this, it turns out that simply downloading a contract from the Internet and filling it out in accordance with the generally accepted template is not enough. If notarization is ignored, both parties may face serious problems, which are not always limited to a fine or loss of a driver's license.
