Summary
Questions
1. How much does a general power of attorney for a car cost in Kazakhstan?
1.1. Good day!!! You need to find out this from a notary in Kazakhstan - prices for notary services may differ.
2. How much does a general power of attorney cost for a car in the city of Rostov-on-Don?
2.1. Good afternoon, The power of attorney is issued by notaries. All notaries have different fees. Find a notary office in your city or just look for the cost on the Internet.
3. How much does a general power of attorney for a car cost in Samara?
3.1. How much does a general power of attorney cost for a car in Samara? You should check with any notary in Samara by phone. Good luck to you.
4. How much will a general power of attorney for a car cost?
4.1. Hello. From 800 to 1500 rub.
5. How much does a general power of attorney for a car cost?
5.1. Prices may vary, around 400 UAH.
How much does it cost to make a general power of attorney for a car and for how long is it issued?
Read answers (1)
6. How much does a general power of attorney for a car cost?
7. How much does a general power of attorney for a car cost for 3 years?
7.1. Good evening, Dmitry! According to clause 16, part 1, art. 333.24 of the Tax Code of the Russian Federation, for certification of powers of attorney for the right to use and (or) dispose of motor vehicles by other individuals, a state fee of 400 rubles is paid.
8. Approximately how much does it cost to obtain a general power of attorney to drive a car from a notary? Having it, does it not need to be included in the insurance or is it necessary? Thank you.
8.1. You need to sign up for insurance, Konstantin. The cost of notary services is from notaries.
9. I bought a car and want to make a general power of attorney for the sale, how much will it cost? And can I resell the car by power of attorney without registering it in my name?
9.1. A power of attorney costs around 1000 rubles. You cannot sell by power of attorney, but the person to whom you give the power of attorney can sell.
9.2. you can sell, check the price with a notary, at least 1000 rubles. no more than 2000 rub.
9.3. A power of attorney costs about 1,500 rubles. If the previous owner issues a power of attorney for you, you don’t have to register the car in your name.
9.4. To issue a power of attorney, contact a notary; each region has different prices. Approximately 1300-2000 rubles.
10. How much does a general power of attorney for a car cost, with the right to represent it to the insurance company?
10.1. Hello! 1200 rubles.
11. How much does a general power of attorney for a car cost?
11.1. Good afternoon Exactly 1000 rubles
12. Please, can a citizen of the Russian Federation give a general power of attorney for a car to a non-citizen of the Russian Federation, and how much will such a power of attorney cost?
12.1. Good afternoon. Yes, if necessary, you can issue such a power of attorney. The cost of a power of attorney is determined based on the tariffs of a particular notary.
13. Is it possible to invite a notary to your home to issue a general power of attorney for a car? How much will it cost?
13.1. You can invite a notary to your home to issue a general power of attorney for the car. You can find out how much it will cost from a notary. Prices are different for everyone.
13.2. Yes, you can invite. You can check the price at MGNP. Approximately 5t.r. departure plus 1.5 power of attorney. This is the minimum price.
Possible problems
Before you issue a general power of attorney for a car to the buyer of your vehicle, you should understand the possibility of disputes arising regarding the car.
The following controversial issues may arise:
- If you have issued a power of attorney for a car, the annual tax is still paid by the official owner of the vehicle, so coordinate this point with the authorized representative;
- All unpaid fines will go to the official owner, so it is best to enter a power of attorney only for law-abiding drivers;
- If you entrust your vehicle to a criminal, then if you participate in illegal actions of the car, you will become the main suspect in the first place and will be on the investigator’s list at the first point during interrogations.
But by drawing up a power of attorney at the time of buying/selling a car, not only the owner, but also the authorized representative risks finding himself in an unpleasant situation.
Let's look at the problems that may arise as an example of possible difficulties:
- There is a huge risk of purchasing a car with an unpleasant criminal past, or pledged for an indefinite period; in addition, the state license plate may not correspond to those indicated in the traffic police database;
- In the event of the death of the owner-trustor, the vehicle is automatically inherited into the possession of his closest relatives;
- The same situation can occur when the owner divorces, because the court may give his property to his spouse;
- In addition, bailiffs have the right to take away your car for non-payment of loans by the owner;
- The principal has the right to revoke the power of attorney at any time;
- If a trustee dies, it will not be held by his heirs, but will become the property of the trustor.
As you can see, the buyer has a large list of possible problems if a power of attorney has been issued for the car with the right to sell. But at the same time, according to statistics, problems usually do not arise in this way after purchasing a car.
If you are concerned about the safety of your invested funds, then fill out the documentation with the traffic police.
Sample general power of attorney for a car
What vision is allowed to drive a car without glasses and contraindications to driving
So, as we said above, to issue a general power of attorney, you need to contact a notary who will attest to the fact that you have personally and voluntarily granted a third party the right to dispose of your property, and the notary uses your standard document form. However, if you still want to know its approximate content, then below is a sample of a general power of attorney for a car.
"POWER OF ATTORNEY
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The fifth of February two thousand fifteen
Khabarovsk city, Khabarovsk region
I am a citizen of the Russian Federation Fadeev Maxim Leonidovich, born on March 12, 1987, passport 1111 111111, issued by the department of the Federal Migration Service of Russia for the Khabarovsk Territory on August 3, 2004, division code - 111-111, living at the address: Khabarovsk city, Pushkin street, building 12, apartment 21,
I AUTHORIZE
citizen of the Russian Federation Pavel Sergeevich Maksimov, born on May 14, 1986, passport 2222 222222, issued by the department of the Federal Migration Service of Russia for the Khabarovsk Territory, date of issue - 02/01/2001, unit code - 222-222, living at the address: Khabarovsk city, Polyarnaya street, building 17 , apartment 65,
drive and operate a vehicle (model, make, identification number, state registration plate, year of manufacture, engine, chassis and body numbers), in accordance with vehicle passport No. 111111 dated November 11, 2011, owned by me, monitor the technical condition the specified vehicle, represent my interests in the traffic police on issues related to the vehicle, including when registering or deregistering it. And also: sell, change a vehicle, change its color, carry out inspections and change registration data, receive duplicate documents, take out insurance and receive insurance payments, act as my representative in courts and other government agencies in the event of an accident, compensate for damage caused to third parties persons to submit, receive and sign any documents related to the implementation of this instruction.
The powers provided for by this power of attorney cannot be transferred to other persons. The power of attorney was issued without the right of substitution for a period of 3 years.
Signature: (personal signature of the principal) Fadeev Maxim Leonidovich.
Russian Federation, Khabarovsk region, Khabarovsk city. The fifth of February two thousand fifteen.
This power of attorney is certified by me, Alla Vitalievna Krikunova, a notary of the city of Khabarovsk. The power of attorney was signed by Maxim Leonidovich Fadeev in my presence. I have verified the identity and capacity of the principal, and the consequences of issuing a power of attorney are explained.
The power of attorney is registered in the register under No. ___.
Amount charged at the rate: ___."
It is important to emphasize that even if you bring a ready-made power of attorney form to the notary and ask to have it certified, this will only be possible if you have not put the date of its preparation and personal signature. These actions must be performed only in the presence of a notary
Power of attorney for a car
What does a 2021 car purchase agreement look like?
In different life circumstances, it is necessary to transfer rights to your property to a third party.
When it comes to a vehicle, there are several types of powers of attorney that are used in specific situations:
- One-time power of attorney. It assumes the ability for someone to legally perform an action once on the owner’s car. For example, if you need to register a car or issue an insurance policy.
- Special power of attorney. The authorized person performs a certain type of action periodically. For example, a wife issued a special power of attorney for her husband to undergo annual maintenance.
- General power of attorney. Transfers to the recipient practically unlimited rights to property, and also imposes a number of obligations. Only such a power of attorney for a car comes with the right to sell.
The third option is most often used when making transactions of purchase and sale of movable property.
Advantages and disadvantages of using a general power of attorney
Using a general power of attorney in the process of selling a car has its positive and negative sides. As for the first, an undeniable advantage will be the absence of the need to stand in numerous queues.
In standard mode, to complete a transaction you need:
- conclude a bill of sale agreement with the seller;
- pass technical inspection and issue compulsory motor insurance;
- pay the state fee.
If it is planned to deregister the car and change the license plate, then in addition there will be these procedures.
Based on this, the main, and in many ways the only, advantage of selling under a general power of attorney is formed.
Buyer's rights under a general power of attorney
The text of the power of attorney is drawn up both independently and with the involvement of notaries. With the second option, the document will be more literate from a legal point of view, but in both cases there is a limited list of rights that the seller gives to the new owner.
These include:
- The right to drive a vehicle.
- The right to dispose of a car (renting, selling, exchanging, etc.). As a consequence of this, you receive money for any of the transactions.
- The right to control the technical characteristics of the machine.
- The right to represent the principal in various authorities when considering issues related to the transferred vehicle.
- The right to payment of all fines, taxes, as well as registration of an insurance policy.
- The right to change the technical characteristics of the car, from license plates to color.
Some of the rights represent obligations that are imposed on the recipient of the car under a general power of attorney. The problem is that they are not always fully implemented.
Restrictions associated with a general power of attorney include:
- will of the car, this right remains with the owner of the car;
- registration of a deed of gift, this rule changes when the names of those people to whom the gift is given are indicated in the document.
Along with extensive rights, there are responsibilities and restrictions that must be taken into account when concluding transactions. A general power of attorney for a car with the right to sell it assumes that the authorized person has the right to make a purchase and sale transaction, but the proceeds will go to the owner unless another agreement is reached between them.
What is a power of attorney, what rights does it give and for what period is it issued?
A power of attorney is a legal document that gives the right to one person (representative, trustee) to dispose of a car on behalf of another (principal). Both an individual and a legal entity can transfer powers.
The scope of rights of the trustee is determined by the owner of the car. Officially you can allow:
- use a car for personal purposes;
- repair and carry out regular maintenance;
- buy or sell a car;
- receive vehicle license plates;
- register or deregister with the traffic police;
- rent a car or take a taxi;
- distill and undergo customs clearance;
- defend your rights in court after an accident;
- pick up a car from the impound lot;
- entrust the car to a third party.
The transferred powers must be recorded in the power of attorney for driving the vehicle.
The principal himself also retains his rights and obligations. He can:
- revoke the document at any time;
- disagree with the candidacy of a third party to whom the authorized person plans to entrust the car;
- cover the financial costs of the representative (for example, when passing a technical inspection);
- accept documents and funds as part of the document (for example, when buying and selling a car).
The document can be issued to any person: spouse, relative, neighbor, close friend, colleague, employee and even a stranger. You can include one or more people in the document.
The validity period is indicated according to the authority. If you need to solve a one-time problem, for example, picking up a car from an impound lot, you can trust the vehicle for a day. If the representative will perform regular tasks, for example, delivering products, the power of attorney is issued for several years. The power of attorney does not have an expiration date, but if it does not indicate the date of preparation, the document will expire after a year.
It is not necessary to certify a power of attorney. You can insure yourself if you are allowed to travel abroad or if you plan to buy and sell a car.
Also read: Electronic PTS: what is it, how to get it and how to register a car with the traffic police
How to write correctly
How to apply for an MTPL policy without a diagnostic card
The main thing is to enter all the standard information displayed in clear and understandable handwriting. The organization accepting the power of attorney should not have any claims. It is legally determined that a power of attorney can be written in any form. The rules for issuing a power of attorney are prescribed in the Civil Code of the Russian Federation. A power of attorney can be notarized or ordinary.
In the first case, notaries have their own special forms on which they draw up this type of document.
- If the principal is an individual, you can draw up a power of attorney on a regular sheet of paper.
- When the principal is a legal entity, the official form of the organization should be used.
There are many types of powers of attorney, so they differ in content.
However, there is a set of mandatory data that must be present in any power of attorney - “heading”, “body”, “conclusion”.
Namely:
"A cap":
- the title of the document is “Power of Attorney”;
- Date of preparation;
- place of compilation.
"Body":
- personal data of the person trusting: last name, first name, patronymic;
- Date of Birth;
- detailed passport data (series, number, where, by whom, when issued, unit code, place of registration);
- personal data of the person who is trusted to perform certain actions;
- the text of the power of attorney itself (what exactly is being trusted, for how long).
"Conclusion":
personal signature of the trustee.
When a document is issued by an organization, it is necessary:
- indicate the full name;
- the registered full name of the manager (sometimes his passport details - but the requirement is not mandatory);
- detailed details: INN, OGRN, legal address.
The power of attorney is written in the language of the country where it is valid. Sometimes it is necessary to prepare powers of attorney for several people at once. In this case, the Civil Code allows you to formalize everything on one form. All representatives are listed sequentially, indicating all fiduciary actions for each. And each of them can perform only the functions listed for him in the power of attorney.
The content of a power of attorney for motor vehicles includes an accurate and detailed description of the actions that are entrusted to the authorized person to perform. It is precisely what is stated in the document that the authorized person will be given the right to.
It is necessary to indicate how long the document is valid for. It can be very different - at the discretion of the principal.
REFERENCE! A power of attorney cannot be valid for more than three years (Article 186 of the Civil Code)! At the end of this period, you need to sign a new one.
If for some reason the document does not indicate a period, then by default it is valid for a calendar year from the day it was signed.
Read about how to draw up a power of attorney for a car to perform actions abroad.
We also invite you to read about the features of drawing up a document for handing over a car for service and for moving a vehicle.
So, let us note again that:
- From October 24, 2012, a handwritten power of attorney for the transfer of driving rights is no longer required only when driving a car and passing document checks.
- In all other cases (technical inspection, issuing an MTPL policy, ordering and receiving duplicate state license plates, releasing a car from a parking lot), it remains relevant, so it is better to stock up on it in advance and always have it with you when driving a car.
- Do not forget about important points when drawing up a power of attorney, such as the date of preparation and the signature of the owner (without them the document is not valid).
Good luck on the road!
Validity period of a power of attorney for a car
The trustee, like the principal, has the right to terminate the power of attorney at any time.
You can cancel a document for one of the reasons.
- in the event of the death of one of the parties;
- if the principal violated the conditions specified in the power of attorney;
- if the data of the parties or information about the car has changed;
- if bankruptcy proceedings have been launched against any of the parties;
- if the principal exercised his right (sold the car, registered it, and so on).
The person who revokes the power of attorney must notify the other party. After termination, the authorized representative is obliged to return the document to the principal.
Also read: How to register a motorcycle with the traffic police in 2021
Disadvantages of selling a car on a general basis
When selling a car under a general agreement, the principal can cancel it at any time or entrust the disposal to third parties
What a “general” deal is is very clear, but such an agreement carries possible troubles for each party. The buyer may suffer to a greater extent, because he risks his money, leaving the car in the ownership of the principal (in this case, the seller).
Disadvantages for the buyer
The rights of the trustee are limited to the duration of the power of attorney. The buyer cannot independently extend its term; this right is given exclusively to the principal. In the case of drawing up a document with the right to delegate to third parties, the buyer can give his power of attorney only for the period limited by the original document. The owner (principal) can cancel the power of attorney at any time or entrust the management of his car to third parties. In this case, the owner has the right not to indicate the reasons for his decision and not to give explanations. When a trustee resells a car, the owner (trustee) can demand the proceeds for it. The owner can pledge his property, and this gives third parties the right to claim their right to the vehicle. In the event of the owner's death, the right to own and dispose of the car is transferred to his legal heirs. The power of attorney is terminated if the principal is declared insane, or missing, or deprived of legal capacity. Ownership of a car may extend to other persons. For example, the principal’s wife makes a claim for half the proceeds of the car after the sale.
A similar situation may arise in the case of divorce proceedings between spouses. Debts, bad credit history and other similar factors can lead to the confiscation of the car from the principal and alienation of the property. A general power of attorney for a car does not give the authorized person the right to register the vehicle in his name. This case implies the transfer of rights to a third party who will complete the purchase and sale transaction. If the vehicle was wanted or stolen, it will be confiscated, and the statements of the new owner will not be taken into account, since he is not the owner. In the event of an accident, the trustee will not be able to use the car as compensation to cover damage to third parties. And if the accident occurred due to the fault of a third party, and this person does not agree with the assessment and does not want to voluntarily compensate for the damage, then in order to file an application with the court, in this case a separate power of attorney from the owner of the vehicle will be required.
Cons for the seller
- Being the owner, the principal is not exempt from paying tolls and other taxes associated with owning a vehicle. You can only hope that the buyer will pay these costs if you trust in the latter’s integrity.
- Traffic violations recorded by automatic recorders will be sent in the form of fines to the true owner of the car.
- In the event that a buyer, registered under a power of attorney, flees the scene of an accident, the first person to communicate with the police will be the owner (principal).
Do you need a power of attorney to drive a car in 2021?
Until November 24, 2012, those who received permission to drive a car were required to have a power of attorney with them. When stopped on the road, inspectors were fined for not having a document. After amendments to the traffic rules in 2012, drivers received the legal right to drive someone else’s car without a power of attorney. The police do not have the right to check the document on the roads and fine you for its absence. The authorized person must present the inspector with a driver's license, vehicle registration certificate and insurance policy.
Do you need a power of attorney for the car then?
Need not. You can add the driver to the MTPL policy or take out open insurance without restrictions. However, without a power of attorney, the driver will not be able to register the car with the traffic police, obtain insurance, undergo a technical inspection, etc. – he can only drive someone else’s car.
Legal entities also do not need to issue a power of attorney to a third party. It is enough to issue unlimited insurance to the driver or add him to the compulsory motor vehicle liability insurance - the list of persons allowed to drive a car. But since a car is a source of increased risk, it is better for legal entities to draw up a document. Using it, the driver will be able to monitor the technical condition of the car himself and promptly go for repairs and inspections.
Also read: How to appeal a traffic police fine from a surveillance camera: precise instructions
Procedure for issuing a general power of attorney
To issue a general power of attorney for a car, the presence of the principal and passport data in the form of a photocopy of the first page of the authorized person is sufficient. A licensed notary can both fill out and certify a document. At the stands, as a rule, a sample is presented, according to which the owner of the vehicle draws up his document.
The whole process takes a little time and involves both reconciling the data and confirming its veracity. If errors are found, the document will need to be rewritten. The downside is that, despite the simplicity of the service, you have to pay for it.
The average cost of notarization is 400 rubles. This price varies depending on the region and the popularity of the notary office. If you request assistance in drafting a document as an additional service, the additional fee will be 800-1200 rubles. For individuals the cost is lower than for organizations.
The price also varies depending on the region:
- in cities reaches 3000-4000 thousand rubles;
- in the regions they will not charge more than 1000 for a similar service.
A lawyer has the right to set any price for his powers, so before certifying a document, it is advisable to clarify the price list for services. The sale of a car under a general power of attorney is not subject to additional payment.
Documents for registration
Since the execution of a general power of attorney is unilateral, the documents required to write it include:
- passport of the principal - the one who transfers the rights to the vehicle;
- a copy of the passport of the authorized person - to whom the car is transferred;
- documents for the car itself: PTS and STS.
You can write a power of attorney either using a special instruction form or simply on a blank sheet of paper. When writing a general power of attorney, a complete list of transferred rights and obligations is indicated and a signature is placed. Any inaccuracy or error may become grounds for invalidating the document. It is recommended that the text be drafted in the presence of a licensed lawyer.
When specifying information about a car, you must enter the following data: make, color and model; registration number and engine number; date of its manufacture and place of registration. Filling out all information is mandatory.
Term and grounds for termination
If the document itself does not provide otherwise, then such a document is drawn up for one calendar year, for example, 2021. The countdown begins from the next day after signing.
Also, a power of attorney may become invalid earlier than the specified period in the following cases:
- The principal revoked the document. The revocation of the document must be accompanied by preliminary notification of the authorized person and the traffic police authorities at least one week in advance.
- The trustee refused to accept the rights. If for some reason the authorized person does not want to accept the car, then the person must formalize the refusal in writing. In this case, the general power of attorney will be invalid.
- One of the parties to the transaction died, went missing, or was declared legally incompetent. This applies to both parties. Upon the death of the trustee, the title to the vehicle passes to the actual owner of the vehicle. And upon his death - to his heirs.
- Bankruptcy of the principal, as an individual or legal entity, accompanied by the cancellation of the right to write powers of attorney for third parties. Both real estate and all movable property are confiscated from the bankrupt.
The process of revoking a document is regulated by the civil code of Russia and involves informing the traffic police about it. The heirs are also required to do the same if they wish to take ownership of the car. If no official notification has been received by the trustee and the police, the transaction is considered valid.
The transfer of ownership occurs only upon execution of a purchase and sale agreement, exchange or inheritance. No power of attorney implies this. A deed of gift also transfers rights to property, but it is issued only to close relatives.
Price for issuing a power of attorney
General powers of attorney are issued as follows:
- The principal takes his passport and attorney's details. The personal presence of the latter or the original of his passport is not required. A copy of your passport is enough. Additionally, you will need a document for the apartment.
- You can choose any notary office located nearby. There is no need to register in advance; you can come on a first-come, first-served basis.
- At the notary's appointment, indicate your wishes regarding the list of powers - be sure to tell for what purposes a general power of attorney is required. The notary will compose the text himself.
- Next, you need to check the data of citizens and sign a general power of attorney, as well as pay for services.
- The principal will receive the original general power of attorney immediately. The duplicate will remain in the office files.
The price of a power of attorney from a notary consists of several elements. This:
- National tax;
- technical features;
- legal features;
- territorial location.
The first element is fixed by law, so the notary has no right to change it. Today the amount is 200 rubles or 0.3% of the total value of the contract (depending on the situation). In the constituent entities of the Russian Federation, the amount may vary between 1000-1500 rubles.
Additional services can also be added to the total cost:
- copying;
- drafting a document;
- assistant services.
The total amount is about 1200 rubles or more. It is recommended to ask the exact price at a specific notary office.
Almost all serious documents require notarization, including transactions related to the sale of real estate by power of attorney. Notarization allows you to determine that this transaction is legal and the actions of the trustee meet the responsibilities that were assigned to him. So, let's take a closer look at comparative prices using the example of one of the notary offices:
- Powers of attorney for transactions requiring notarized form – 200 rubles.
When drawing up a document for close relatives, in particular for children, including adopted children, parents, spouses, full brothers and sisters, the cost of this service is reduced to 100 rubles, for third parties the cost is 500 rubles. As for legal entities that draw up any type of power of attorney, which must have a notary’s seal, but the power of attorney is not intended to transfer the rights to make transactions, the cost of this service will be 500 rubles.
- If the power of attorney is intended for the disposal or use of property:
- Transfer of rights to close relatives, in particular children, parents, spouses and brothers/sisters – 250 rubles.
- Transfer of rights to other persons – 400 rubles.
- Powers of attorney for which a notarized form is not required - 200 rubles for both individuals and legal entities.
In addition to the signature and seal itself, the notary carries out legal and technical work. Its standard price is 1,200 rubles for individuals, and 1,800 rubles for legal entities. But it is important not only to collect the required amount, which is not so significant, but also the quality of the services provided, especially if you doubt the integrity of the person who acts as a trustee. Then you need to think again whether you agree to give this person the right to complete a real estate sale transaction on your own behalf.
As for the cost of the services of the trusted person, this already depends on the personal agreement, if the principal transfers his rights to a loved one. If the trustee is a realtor, then his work as a trustee is included in the list of responsibilities when supporting the transaction, and is recalculated depending on the agency’s tariffs. Usually:
- If the trustee represents the seller, then on average he takes about 2% of the value of the property;
- For the buyer, this price will be higher - within 3 or 3.5%, since the list of responsibilities also includes the search for suitable real estate.
Although if the transaction concerns only the preparation of documents, then the prices will be lower, but it is better to discuss this issue before signing the power of attorney.
In most situations, the rights and powers listed in such an agreement require certification by a notary office. The document must have the signature and seal of a notary, so you will still have to visit it. When drawing up such papers, the lawyer must explain to the parties to the transaction the possible consequences after the conclusion. One copy of the agreement is given to the authorized person, the second remains in the notary's office.
We invite you to read: How does inheritance of a car occur after the death of the owner and what documents are needed for registration?
The principal must be present at the transaction in person, have the originals of all necessary documents with him, draw up a list of powers, and put his signature. Most “generals” do not require the presence of an authorized person; passport data is enough to draw up an agreement. He will be able to receive his copy of the document after the transaction is completed.
To go to a notary to obtain a general power of attorney, you must bring the originals of the following documents:
- passport of the Russian citizen of the principal, photocopy;
- principal identification code;
- documents on ownership of property photocopy;
- passport information about the authorized person, it is better to provide a photocopy of his passport;
- in case of sub-authorization - the main power of attorney.
The price of a general power of attorney from a notary depends on: its type, validity period, number of parties to the transaction, and the need for the notary to visit the client. The greater the volume of work of a specialist, the higher the cost of paper. Most clients are interested in how much a general power of attorney for a car costs.
When issuing a power of attorney, the identity of the applying citizens and their legal capacity must be established. At the same time, for foreigners, the age of majority is determined on the basis of the legislation of the country of which he is a citizen. The document must contain the following information:
- place and date of the notarial act, otherwise the power of attorney will not have legal force;
- validity period - in its absence, the powers of the representative expire after a year;
- the right of subrogation, that is, the ability to entrust one’s duties to a third party;
- specific characteristics of the property in respect of which the right of management or disposal is issued (address, registration number, etc.);
- It is not allowed to transfer the right to perform actions in relation to a representative, with the exception of spouses (for example, one of them trusts the other with the authority to purchase an apartment as common property).
A power of attorney can be issued on behalf of one person for several people. In this case, it must indicate how they can act: only jointly, or each is endowed with the full scope of transferred rights. The document can stipulate additional powers for one of the representatives. The law also allows the opposite option: one person has the right to act on behalf of several persons.
The total price of document execution is the sum of the state duty established by Art. 333.24 of the Tax Code of the Russian Federation, and fees for legal and technical services (UPTH). Tariffs for them are set annually by the regional notary chamber. The minimum cost of a power of attorney from an individual is 1,500 rubles, unless additional verification of documents is required. When a notary comes to your home, an additional fee will be charged.
It takes time to verify information, clarify powers, and register a power of attorney in the Unified Information System. Thus, the full cost of the work depends on its volume, complexity, number of representatives, the degree of their relationship and many other factors. If a general power of attorney is urgently issued, the price of the service increases.
Possible risks
Quite often, a document is used as one of the ways to sell a vehicle when the interaction occurs between two people who are not related to each other. And in this situation, registration of the State Duma is a risky undertaking for both parties. If we talk about the car owner, then we are talking about the following unpleasant moments that can happen:
- The authorized person gets into an accident with serious consequences (damage to the health or property of third parties is caused) and flees the scene or uses the car to commit any criminal crime. Since law enforcement officers often do not have accurate information regarding who exactly was driving the vehicle, certain questions and suspicions will arise regarding the owner of the car;
- The authorized representative does not pay legally established taxes on the car and does not pay fines for traffic violations (exceeding speed, driving without license plates, etc.). All receipts will ultimately be addressed to the owner of the vehicle (despite the fact that he may not know anything at all about the fate of the car and its new owner);
- After formalizing the power of attorney, the car still remains the property of the original owner, and in the future this is fraught with various troubles of a property nature. For example, in the event of a divorce, such a car is subject to division of property and its nominal owner has the right to be obliged to pay half the cost to the second spouse.
The main purpose of a general power of attorney is to grant a certain part of the property rights to a car from one person to another. That is, the very specificity of the legal instrument in question implies a fairly close relationship between the principal and the trustee. In the presence of such connections, the number of risks for the owner is minimal.
Advantages of executing a transaction in the form of a general agreement
In fact, the only advantage of selling a car through the issuance of a power of attorney is the reduction of time to complete the transaction. Previously, when preparing a bill of sale, the seller had to deregister the vehicle, and this entailed bureaucratic delays. Now that traffic laws have changed, deregistration of a vehicle occurs automatically upon signing a sales contract. It becomes the responsibility of the buyer to register the car (registration), and he can order new license plates or keep the old ones at his own discretion.
The parties to the sale and purchase also agree to a power of attorney in order to evade taxes and fees that must be paid upon re-registration:
- income tax if the car is not more than three years old;
- tax in case of leasing a vehicle in accordance with the Tax Code;
- 13% tax on deed of gift if the buyer accepts the vehicle as a gift and the age of the car does not exceed three years.