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Is a power of attorney valid when changing registration?

Validity of a power of attorney when changing a passport, surname, registration

The authorization document expands the range of possibilities for both parties to the transaction by introducing a third party, who is an intermediary, into its participation. To find out whether a power of attorney is valid when changing a passport, you should know the list of events in which it requires adjustment or replacement. A power of attorney is created to authorize one person to act on behalf of another. It is the most common form of formalizing an order to fulfill obligations on one’s own behalf. Its application is realized in the field of civil and industrial relations. It allows you to act on your own behalf when performing legal transactions. According to current regulations, a passport is the main document identifying a person who has reached the age of 14 years.

Replacement of identity documentation

The passport must be replaced if the following events occur:

  • Reaching 20 or 45 years of age.
  • Changing personal information data regarding first name, patronymic, last name, date or place of birth.
  • Gender change.
  • Detection of errors in records.
  • Bringing documentation into an unusable state, making it impossible to further use.

The new one must contain a note about previously issued official papers.

Issue rules

Documentation of authority allows one citizen to represent on behalf of an individual or legal entity in carrying out a certain type of action, determined by the terms of the paper.

A legal entity can issue an authorization to perform certain operations for an employee of the enterprise. In this case, the signature of his manager and the company seal are required. When performing authorized actions, the employee must present a passport.

Termination

The legislation provides a number of grounds for termination of the activities of a representative under authority:

  • expiration of the documentation;
  • refusal of the person to whom the authorization is issued to perform the actions provided for therein;
  • cancellation of documentation initiated by the principal;
  • liquidation of the legal entity on whose behalf the authorization was issued;
  • termination of the activity of the business entity from which the document was drawn up;
  • death of a person, or recognition of him as incompetent, missing, who executed a power of attorney or who was authorized to perform certain actions.

Documentation is considered invalid if it does not indicate the date of registration or registration is not carried out in the prescribed manner. There are no other grounds for termination of a power of attorney in the legislation of the Russian Federation. It continues to be valid until the expiration date.

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Is the authorization valid when changing a passport?

Both parties to the transaction may have a question: “Is the power of attorney valid when changing a passport?”

When replacing a passport, an already issued power of attorney can be used if the new documentation confirming the citizen’s identity contains information about the previously issued passport. Otherwise, discrepant designations will be a reason for refusal to carry out transactions specified by the authority.

Change of registration

There is no reason to change the power of attorney when changing registration, since information about the citizen’s previous place of registration remains in the document. When making a transaction under authority, if problems or controversial issues arise, you need to draw the representative’s attention to the section in the passport regarding registration actions regarding the place of residence, where the previous data must be located next to the new registration stamp.

Last name change

The surname is usually changed by a citizen in several cases:

  • when registering a marriage;
  • upon independent expression of desire.

In such circumstances, usually the old identity document is confiscated and a new one is issued.

To understand whether the power of attorney is valid when changing the last name, you should carefully study the identification documentation.

The legislation provides for the right of a citizen of the Russian Federation to demand adjustments to the documentation issued in the previous name in the event of a change in the basic information in the identity document.

When issuing a new passport in this situation, at the request of its owner, there may be information about the previous document. In such a situation, there will be no problems with conducting transactions under authority. However, in the absence of such a mark, the documentation should either be reissued or adjustments made to it.

At the legislative level, there is a certain list of situations in which you can use an already executed power of attorney, and in which you should either change the document or make adjustments to it.

However, in some cases, the authorized entity may inappropriately initiate the replacement of the authorized document. In such a situation, it is necessary to explain to him the current law on the illegality of his actions.

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Article Is a Power of Attorney Valid When Changing the Registration of the Authorized Person

Is a power of attorney valid when changing a surname?

  1. Civil Code of the Russian Federation . Article 188 of this legal act contains an exhaustive list of grounds according to which permission to perform legal actions becomes invalid.
  2. Letters of the Federal Tax Service dated July 22, 2016 N 2668/03-16-3 “On Methodological Recommendations for Certifying Powers of Attorney.” Contains provisions on the preparation and determination of their authenticity.

Note. A power of attorney can be invalidated only on the grounds provided for by law (Article 188 of the Civil Code of the Russian Federation). These include: refusal of the document by the originator or the authorized representative, expiration of the validity period, death of the principal or representative, termination of the activities of a legal entity of one of the parties.

Article Is a Power of Attorney Valid When Changing the Registration of the Authorized Person

The new one must contain a note about previously issued official papers. Rules for issuing Authorization documentation allows one citizen to represent on behalf of an individual or legal entity in carrying out a certain type of action, determined by the terms of the paper.

In accordance with paragraph 5 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached. Clause 1 of Art. 188 of the Civil Code of the Russian Federation contains an exhaustive list of grounds for termination of a power of attorney, namely: - expiration of the power of attorney; — cancellation of the power of attorney by the person who issued it; - refusal of the person to whom the power of attorney was issued; — termination of the legal entity on whose behalf the power of attorney was issued; — termination of the legal entity to which the power of attorney was issued; - death of the citizen who issued the power of attorney, recognition of him as incompetent, partially capable or missing; - death of a citizen to whom a power of attorney was issued, recognition of him as incompetent, partially capable or missing.

Validity of a power of attorney when changing a passport, surname, registration

Documentation is considered invalid if it does not indicate the date of registration or registration is not carried out in the prescribed manner. There are no other grounds for termination of a power of attorney in the legislation of the Russian Federation. It continues to be valid until the expiration date.

When replacing a passport, an already issued power of attorney can be used if the new documentation confirming the citizen’s identity contains information about the previously issued passport. Otherwise, discrepant designations will be a reason for refusal to carry out transactions specified by the authority.

Changing your passport with a trusted person

Thus, under a power of attorney, the rights of one person are entrusted to another. Moreover, the fact that the person who is trusted changes his passport in accordance with the law does not mean that he has become a different person than those who were originally entrusted with authority. Therefore, I don’t see any problems. The only thing I would advise is to get a certificate from the FMS stating that the passport has been replaced, indicating the details of the old passport. Well, take a copy of your old passport

In accordance with Article 185.1 of the Civil Code of the Russian Federation, a power of attorney for transactions requiring a notarial form, for filing applications for state registration of rights or transactions, as well as for disposing of rights registered in state registers must be notarized, except for cases provided for by law.

Will the power of attorney be valid if the principal's passport is changed?

  • reaching a certain age - 20 and 45 years (this does not apply to those categories of persons who serve in the ranks of the Armed Forces of the Russian Federation by conscription;
  • change by a person of data on full name, date and place of birth, gender, and so on;
  • the document is unsuitable for permanent use due to wear or external damage;
  • marriage;
  • detection of errors in basic passport information.
  • expiration of the established period of validity;
  • refusal of an authorized person to exercise his powers;
  • termination of the document in accordance with the initiative of the direct principal;
  • liquidation of the legal entity on whose behalf the power of attorney was formed;
  • incapacity of an individual acting as a fiduciary party;
  • termination of the existence of any business entity on whose behalf the document was drawn up;
  • death of a citizen or recognition of his incapacity, on whose behalf the authority to replace a passport was transferred in favor of another person.

Is a power of attorney valid when changing the passport of the authorized person?

The deadlines for replacing a passport are as follows: However, after 45 years, the obligation to replace a passport is not established, and if a citizen of the Russian Federation has a USSR passport with a photographic card pasted in after 45 years, then his passport is valid until it is replaced with a passport of a citizen of the Russian Federation. Clause 3 of Decree of the President of the Russian Federation of March 13, 1997 N 232

This requirement is illegal. Changing the passport, name, or surname of the principal does not terminate the validity of the power of attorney issued earlier on the basis of documents that were current at the time of its certification. A citizen has the right to change his name (first name, patronymic, last name) in the manner prescribed by law.

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By virtue of clause 47.5 of the Administrative Regulations of the Federal Migration Service for the provision of public services for the issuance, replacement and execution of the state function of recording passports of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, approved by order of the Federal Migration Service of the Russian Federation dated 07.12.2009 N 339 ( ed. dated 10.28.2011), “a mark on the previously issued main document (documents) identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, and an identification document of a citizen of the Russian Federation outside the Russian Federation, is made by affixing a stamp in Form N 16P (Appendix No. 16 to the Administrative Regulations) or by making a stamp imprint in Form No. 17P (Appendix No. 17 to the Administrative Regulations) and filling it out using a special printer.”

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According to paragraph 15 of the Regulations on the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 (as amended on 02/22/2012), “the nineteenth page of the passport form is intended for making notes on the receipt of the main document identifying the citizen of the Russian Federation outside of the Russian Federation, as well as about previously issued basic documents identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation.

Do I need to change a power of attorney when changing my registration?

Let us now consider the legislation that is directly related to the power of attorney. According to paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is an authority issued by one person to another in writing for the purpose of representation before third parties. A written authorization to carry out a transaction by a representative may be presented directly to the relevant third party by the represented person.

To obtain permanent registration, the applicant must have a passport, which he gives to the employees of the passport office and receives back with a new stamp. Next, the identity document is handed over to the Federal Migration Service, where the fact of your registration must be documented.

Will the power of attorney be valid when replacing the passport of the authorized person?

If you immediately conclude a comprehensive insurance contract in accordance with its shares in the purchased property, then there will be no refusal to sell the apartment. However, you will receive an inheritance after the death of your grandmother for 3 years and the deceased father will inherit it. But in your case, the notary does not succeed in denying you your own apartment in the future. You shouldn't do all this. If you are not registered in the apartment or one notice. No later than three years after the marriage, he will be obliged to report the recognition of the transaction as invalid in court. Based on Part 3 of Art. 24 of the Family Code of the Russian Federation, the owner of an apartment acquired during a marriage in the common property of jointly acquired property (an apartment under the acquisition of residential premises acquired by inheritance or gift). Thus, you can sell your share like all first-degree heirs.

Hello. As a general rule, the inheritance is accepted by the estate after the death of the testator. If you sell an apartment of their entire share, then you can conclude an agreement in accordance with the agreement of the parties, that is, you have the right to file a claim in court to recognize the ownership of the unauthorized construction, but it will not be registered and the ownership of this apartment will be registered. You and your husband lived with you.

Do I need to redo the power of attorney when changing my passport?

  • — expiration of the power of attorney;
  • — revocation of a power of attorney by the issuing person;
  • - refusal of the person who received the power of attorney;
  • — termination of the legal entity on whose behalf the power of attorney was issued;
  • — termination of the legal entity in whose name the power of attorney was issued;
  • - death of a citizen to whom a power of attorney was issued, recognition of him as missing, incompetent or partially capable;
  • - death of a citizen to whom a power of attorney was issued, recognition of him as missing, incompetent or partially capable;

Let us now consider the legislation that is directly related to the power of attorney. According to paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is an authority issued by one person to another in writing for the purpose of representation before third parties. A written authorization to carry out a transaction by a representative may be presented directly to the relevant third party by the represented person.

Is a power of attorney valid when changing the passport of the authorized person?

I am repeatedly faced with a situation where government officials demand that a valid power of attorney contain the passport details of the principal, valid at the time of presentation of the power of attorney. This requirement is illegal. Changing the passport, name, or surname of the principal does not terminate the validity of the power of attorney issued earlier on the basis of documents that were current at the time of its certification. A citizen has the right to change his name (first name, patronymic, last name) in the manner prescribed by law.

Copy of passport (present the original when submitting); Certificate of residence in contaminated areas (indicating specific periods of residence, no later than 01/01/1994), issued by the administration of the city (district, rural), housing and communal services or passport office (valid for 1 month); A certificate from the current place of residence confirming the fact of residence at the place of registration (from the HOA, housing office or passport office); Copies of documents confirming temporary travel outside the radioactive contamination zone for the duration of study (copy of diploma), military service (copy of military ID) and for other valid reasons; Children under 14 years old – a copy of the birth certificate + a copy of the parent’s passport (present the original when submitting); A copy of the marriage certificate (if the last name or first name is changed) The original of the previously issued certificate; Application of the appropriate sample + consent to the processing of personal data (filled out in the department). List of documents submitted to receive compensation for lost property when leaving (resettlement) outside radioactive contamination zones Application (to be completed when submitting documents). A copy of the Chernobyl uniform certificate of a citizen who voluntarily left (resettled) from the zone of radioactive contamination.

If the place of residence has changed, is the general power of attorney valid?

4. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and parcel mail, can also be certified by the organization , in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.

2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander ( the chief) of this unit, formation, institution or institution;

If the place of residence has changed, is the general power of attorney valid?

Is a general power of attorney valid for a car for a period of three years if I changed my place of registration during this time? If possible, a link to the article of the Law. Thank you.

Related topics

Anna, hello! Issuing a power of attorney is a transaction (one-sided). And all the grounds for declaring a transaction invalid are indicated in the first part of the Civil Code of the Russian Federation. From the text of the question these are not visible at all. The fact that you have changed your place of residence does not in any way invalidate the issued power of attorney. Moreover, the passport has a stamp (or should have a stamp) indicating registration at the previous place of residence (at the time the power of attorney was issued). A power of attorney is issued to a specific citizen, with specific passport data, and where he is registered has no legal significance.

A power of attorney is given by a person, not by the place of registration.

In the article below of the Civil Code there is not even a mention of registration or registration

Article 185. Power of attorney

1. A power of attorney is recognized as a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.

2. A power of attorney for transactions requiring a notarial form must be notarized, except in cases provided for by law.

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander ( the chief) of this unit, formation, institution or institution;

3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;

4) powers of attorney of adult capable citizens located in institutions for social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body of social protection of the population.

4. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and parcel mail, can also be certified by the organization , in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.

A power of attorney for a citizen’s representative to receive his deposit in a bank, funds from his bank account, correspondence addressed to him in communications organizations, as well as to carry out other transactions on behalf of the citizen specified in paragraph one of this paragraph, may be certified by the relevant bank or communications organization. Such a power of attorney is certified free of charge.

5. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached.

A power of attorney on behalf of a legal entity based on state or municipal property to receive or issue money and other property assets must also be signed by the chief (senior) accountant of this organization.

Do I need to change a power of attorney when changing my registered address?

This possibility becomes especially relevant when the person for whom a new document needs to be issued is partially or completely incapacitated, or is simply located in another region.

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To understand whether a power of attorney is valid when changing a passport, you must first familiarize yourself with the norms of the current federal legislation, the rules and established procedure for issuing a document, the nuances that are relevant when changing a document, as well as the peculiarities of changing the place of registration.

Sample power of attorney to receive documents

What the law says

In 2019, the main details of an official power of attorney are not only the full name of the legal representative, but also information from the main identification document.

In accordance with current legislation, such a document is a civil passport of the Russian Federation.

  • 5 Is a power of attorney valid when the proxy’s registration changes?
  • 5.1 Will the power of attorney be valid if the principal’s passport is changed?
  • 5.2 Question 32739 will a notarized power of attorney be valid if the power of attorney
  • 5.3 Do I need to change the power of attorney when changing my passport?

Is a power of attorney valid when changing a passport (is it valid) - 2019, is it necessary to change the principal

In accordance with paragraph No. 1 of the current Regulations on the civil passport of the Russian Federation, which was approved by special Decree of the Government of the Russian Federation No. 828 of July 8, 1997, the main document with which the identity of a specific person can be fully verified is a passport.

It is worth noting that a passport cannot always be obtained by the citizen himself.

Do I need to change a power of attorney when changing my registered address?

And the counterparty may not know about changes in legislation.

Previously, a different rule was in force, according to which a power of attorney on behalf of a legal entity was issued signed by its head or another person authorized to do so by the constituent documents, with the seal of this organization attached. Such rules were enshrined in paragraph 5 of Article 185 of the Civil Code of the Russian Federation in the previous edition.

From September 1, 2013, this rule was canceled, and now the rule on the mandatory application of a seal on a power of attorney issued by a legal entity is excluded. Now, powers of attorney that will be issued starting September 1, 2013 do not need to be stamped by the organization.

However, if the power of attorney was issued before September 1, 2013, then it must bear the organization’s seal.

Do I need to change the power of attorney when changing the IP registration address?

In pursuance of this law, the following do not need to be amended:

  • TIN certificate;
  • SNILS;
  • driver license;
  • compulsory medical insurance policy;
  • bank card.

The last point regarding the banking services product is not subject to mandatory replacement. It is worth asking the financial institution that issued the card about changes in tariffs for servicing the card in another city or region, which is a new place of residence. In the event of an increase in the commission for servicing the transaction, it would be advisable to apply for the issuance of a new card at the current registration address.

TIN certificate, compulsory medical insurance policy and change of registration

For those who have already received a TIN certificate and are wondering whether it is necessary to change the TIN when changing their registration, there is a rule based on Art.
84 of the Tax Code of the Russian Federation and clause 16 of the Federal Tax Service of Russia dated June 29, 2012 N MMV-7-6/435.

Do I need to change the power of attorney when changing the registered address for sick leave?

Another reason for changing your place of registration is going on a long-term business trip or being sent to military service. Sometimes a change of place of registration occurs as a result of marriage.

In general a change of registration may be required when a citizen leaves his permanent place of residence for a long period or forever.

Procedure for changing registration

New registration is issued no later than seven days from the day the citizen was discharged from his old place of residence. If it is discovered that such actions have not been carried out, a fine of 2-3 thousand may be imposed on the violator.

To change your registration, you need to submit an application to the passport office or housing office located on the territory of your new place of residence.

Is updating passport data the responsibility of the vehicle owner?

In any case, updating the vehicle owner’s passport data in the required documents is his direct responsibility.

And this responsibility is clearly stated in the following regulations:

  1. Order No. 605 of the Ministry of Internal Affairs of the Russian Federation “On approval of the Administrative Regulations” - Part III, Section 11 (Change of registration data), paragraphs 55, 56 and 3;
  2. Order No. 1001 of the Ministry of Internal Affairs of the Russian Federation “On the procedure for registering vehicles” – Section I (General provisions), clause 6 and Section II (Procedure for registration of vehicles), clause 24.1.

According to the provisions of these documents, a vehicle owner who ignores his obligation to update the specified information commits a violation, although not punishable.

Is it necessary to change the power of attorney when changing the registered address of the authorized representative?

Article 27 of the Constitution of the Russian Federation states that any citizen located on the territory of the Russian Federation can legally move and determine his place of residence or temporary stay without any restrictions.

In turn, the Civil Code of the Russian Federation defines place of residence as “the place where a citizen is permanently located and primarily resides.”

The object for registration can only be a permanent residential building, to which all the necessary communications are connected.

  • Moscow Moscow region:
  • St. Petersburg and Leningrad Region:
  • All-Russian:

There are two types of registration:

  1. temporary (at the place of stay);
  2. permanent (at place of residence).

Temporary registration is received by those people who are on vacation, undergoing treatment, or staying in a hotel.

Do I need to change a power of attorney when changing my registration?

  • In case of insured events, insurance companies are very likely to successfully refuse coverage of insurance compensation;
  • There may be difficulties when passing the technical inspection if you appear there personally;
  • If there are large arrears of fines to the state, which cannot be covered by the cost of the car, bailiffs may seize other property, and if it is absent, criminal proceedings may be opened for the debts.

Useful tips

  • When changing registration data, providing a car to the traffic police is not required.
  • When changing your registration, there is no reason to worry about your driver’s license.

Is it necessary to change the power of attorney when the principal’s registration changes?

Thus, the old name is no longer valid for third parties.

The rationale for this position is given below in the materials of the Lawyer System.

Recommendation: How to correctly issue a power of attorney to a representative.

«Who can certify a power of attorney?

The answer to the question of who can certify a power of attorney depends on who issues the power of attorney.

A power of attorney on behalf of a legal entity can be certified*:

  • notary;
  • signature of the head of the legal entity or other person authorized to do so by law or constituent documents.

Is it possible to issue a power of attorney on behalf of a legal entity without attaching the organization’s seal?

  • by another person in cases provided for in paragraphs 2 and 3 of Article 185.1 of the Civil Code of the Russian Federation, part 2 of Article 53 of the Civil Procedure Code of the Russian Federation.

When deciding how to certify a power of attorney - independently in an organization or notarized, you need to keep the following in mind.

There are only a few cases when a power of attorney from an organization must be notarized*:

  • power of attorney for transactions requiring a notarial form (clause 1 of Article 185.1 of the Civil Code of the Russian Federation);
  • power of attorney to submit applications for state registration of rights and transactions (clause 1 of Article 185.1 of the Civil Code of the Russian Federation);
  • power of attorney to dispose of rights registered in state registers (clause 1 of article 185.1 of the Civil Code of the Russian Federation);
  • a power of attorney issued by way of subrogation (clause 3 of Art.

This procedure is carried out by submitting a passport with a note about the new address and a medical card to the clinic’s registry.

Rights and documents for a car when moving

Do you know that

Many motorists are interested in: is it necessary to re-register a vehicle when changing registration? Answer: yes. If a person has changed his place of residence, he also needs to register the car. This is necessary so that notices of violations and fines are sent to the correct address.

For persons who own a car and a driver’s license, a relevant topic concerns the question of whether it is necessary to change the license when changing registration.

Article Is a Power of Attorney Valid When Changing the Registration of the Authorized Person

Is a power of attorney valid when changing a surname?

  1. Civil Code of the Russian Federation . Article 188 of this legal act contains an exhaustive list of grounds according to which permission to perform legal actions becomes invalid.
  2. Letters of the Federal Tax Service dated July 22, 2016 N 2668/03-16-3 “On Methodological Recommendations for Certifying Powers of Attorney.” Contains provisions on the preparation and determination of their authenticity.

Note. A power of attorney can be invalidated only on the grounds provided for by law (Article 188 of the Civil Code of the Russian Federation). These include: refusal of the document by the originator or the authorized representative, expiration of the validity period, death of the principal or representative, termination of the activities of a legal entity of one of the parties.

Article Is a Power of Attorney Valid When Changing the Registration of the Authorized Person

The new one must contain a note about previously issued official papers. Rules for issuing Authorization documentation allows one citizen to represent on behalf of an individual or legal entity in carrying out a certain type of action, determined by the terms of the paper.

In accordance with paragraph 5 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached. Clause 1 of Art. 188 of the Civil Code of the Russian Federation contains an exhaustive list of grounds for termination of a power of attorney, namely: - expiration of the power of attorney; — cancellation of the power of attorney by the person who issued it; - refusal of the person to whom the power of attorney was issued; — termination of the legal entity on whose behalf the power of attorney was issued; — termination of the legal entity to which the power of attorney was issued; - death of the citizen who issued the power of attorney, recognition of him as incompetent, partially capable or missing; - death of a citizen to whom a power of attorney was issued, recognition of him as incompetent, partially capable or missing.

Validity of a power of attorney when changing a passport, surname, registration

Documentation is considered invalid if it does not indicate the date of registration or registration is not carried out in the prescribed manner. There are no other grounds for termination of a power of attorney in the legislation of the Russian Federation. It continues to be valid until the expiration date.

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When replacing a passport, an already issued power of attorney can be used if the new documentation confirming the citizen’s identity contains information about the previously issued passport. Otherwise, discrepant designations will be a reason for refusal to carry out transactions specified by the authority.

Changing your passport with a trusted person

Thus, under a power of attorney, the rights of one person are entrusted to another. Moreover, the fact that the person who is trusted changes his passport in accordance with the law does not mean that he has become a different person than those who were originally entrusted with authority. Therefore, I don’t see any problems. The only thing I would advise is to get a certificate from the FMS stating that the passport has been replaced, indicating the details of the old passport. Well, take a copy of your old passport

In accordance with Article 185.1 of the Civil Code of the Russian Federation, a power of attorney for transactions requiring a notarial form, for filing applications for state registration of rights or transactions, as well as for disposing of rights registered in state registers must be notarized, except for cases provided for by law.

Will the power of attorney be valid if the principal's passport is changed?

  • reaching a certain age - 20 and 45 years (this does not apply to those categories of persons who serve in the ranks of the Armed Forces of the Russian Federation by conscription;
  • change by a person of data on full name, date and place of birth, gender, and so on;
  • the document is unsuitable for permanent use due to wear or external damage;
  • marriage;
  • detection of errors in basic passport information.
  • expiration of the established period of validity;
  • refusal of an authorized person to exercise his powers;
  • termination of the document in accordance with the initiative of the direct principal;
  • liquidation of the legal entity on whose behalf the power of attorney was formed;
  • incapacity of an individual acting as a fiduciary party;
  • termination of the existence of any business entity on whose behalf the document was drawn up;
  • death of a citizen or recognition of his incapacity, on whose behalf the authority to replace a passport was transferred in favor of another person.

Is a power of attorney valid when changing the passport of the authorized person?

The deadlines for replacing a passport are as follows: However, after 45 years, the obligation to replace a passport is not established, and if a citizen of the Russian Federation has a USSR passport with a photographic card pasted in after 45 years, then his passport is valid until it is replaced with a passport of a citizen of the Russian Federation. Clause 3 of Decree of the President of the Russian Federation of March 13, 1997 N 232

This requirement is illegal. Changing the passport, name, or surname of the principal does not terminate the validity of the power of attorney issued earlier on the basis of documents that were current at the time of its certification. A citizen has the right to change his name (first name, patronymic, last name) in the manner prescribed by law.

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By virtue of clause 47.5 of the Administrative Regulations of the Federal Migration Service for the provision of public services for the issuance, replacement and execution of the state function of recording passports of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, approved by order of the Federal Migration Service of the Russian Federation dated 07.12.2009 N 339 ( ed. dated 10.28.2011), “a mark on the previously issued main document (documents) identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, and an identification document of a citizen of the Russian Federation outside the Russian Federation, is made by affixing a stamp in Form N 16P (Appendix No. 16 to the Administrative Regulations) or by making a stamp imprint in Form No. 17P (Appendix No. 17 to the Administrative Regulations) and filling it out using a special printer.”

According to paragraph 15 of the Regulations on the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 (as amended on 02/22/2012), “the nineteenth page of the passport form is intended for making notes on the receipt of the main document identifying the citizen of the Russian Federation outside of the Russian Federation, as well as about previously issued basic documents identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation.

Do I need to change a power of attorney when changing my registration?

Let us now consider the legislation that is directly related to the power of attorney. According to paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is an authority issued by one person to another in writing for the purpose of representation before third parties. A written authorization to carry out a transaction by a representative may be presented directly to the relevant third party by the represented person.

To obtain permanent registration, the applicant must have a passport, which he gives to the employees of the passport office and receives back with a new stamp. Next, the identity document is handed over to the Federal Migration Service, where the fact of your registration must be documented.

Will the power of attorney be valid when replacing the passport of the authorized person?

If you immediately conclude a comprehensive insurance contract in accordance with its shares in the purchased property, then there will be no refusal to sell the apartment. However, you will receive an inheritance after the death of your grandmother for 3 years and the deceased father will inherit it. But in your case, the notary does not succeed in denying you your own apartment in the future. You shouldn't do all this. If you are not registered in the apartment or one notice. No later than three years after the marriage, he will be obliged to report the recognition of the transaction as invalid in court. Based on Part 3 of Art. 24 of the Family Code of the Russian Federation, the owner of an apartment acquired during a marriage in the common property of jointly acquired property (an apartment under the acquisition of residential premises acquired by inheritance or gift). Thus, you can sell your share like all first-degree heirs.

Hello. As a general rule, the inheritance is accepted by the estate after the death of the testator. If you sell an apartment of their entire share, then you can conclude an agreement in accordance with the agreement of the parties, that is, you have the right to file a claim in court to recognize the ownership of the unauthorized construction, but it will not be registered and the ownership of this apartment will be registered. You and your husband lived with you.

Do I need to redo the power of attorney when changing my passport?

  • — expiration of the power of attorney;
  • — revocation of a power of attorney by the issuing person;
  • - refusal of the person who received the power of attorney;
  • — termination of the legal entity on whose behalf the power of attorney was issued;
  • — termination of the legal entity in whose name the power of attorney was issued;
  • - death of a citizen to whom a power of attorney was issued, recognition of him as missing, incompetent or partially capable;
  • - death of a citizen to whom a power of attorney was issued, recognition of him as missing, incompetent or partially capable;

Let us now consider the legislation that is directly related to the power of attorney. According to paragraph 1 of Article 185 of the Civil Code of the Russian Federation, a power of attorney is an authority issued by one person to another in writing for the purpose of representation before third parties. A written authorization to carry out a transaction by a representative may be presented directly to the relevant third party by the represented person.

Is a power of attorney valid when changing the passport of the authorized person?

I am repeatedly faced with a situation where government officials demand that a valid power of attorney contain the passport details of the principal, valid at the time of presentation of the power of attorney. This requirement is illegal. Changing the passport, name, or surname of the principal does not terminate the validity of the power of attorney issued earlier on the basis of documents that were current at the time of its certification. A citizen has the right to change his name (first name, patronymic, last name) in the manner prescribed by law.

Copy of passport (present the original when submitting); Certificate of residence in contaminated areas (indicating specific periods of residence, no later than 01/01/1994), issued by the administration of the city (district, rural), housing and communal services or passport office (valid for 1 month); A certificate from the current place of residence confirming the fact of residence at the place of registration (from the HOA, housing office or passport office); Copies of documents confirming temporary travel outside the radioactive contamination zone for the duration of study (copy of diploma), military service (copy of military ID) and for other valid reasons; Children under 14 years old – a copy of the birth certificate + a copy of the parent’s passport (present the original when submitting); A copy of the marriage certificate (if the last name or first name is changed) The original of the previously issued certificate; Application of the appropriate sample + consent to the processing of personal data (filled out in the department). List of documents submitted to receive compensation for lost property when leaving (resettlement) outside radioactive contamination zones Application (to be completed when submitting documents). A copy of the Chernobyl uniform certificate of a citizen who voluntarily left (resettled) from the zone of radioactive contamination.

If the place of residence has changed, is the general power of attorney valid?

4. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and parcel mail, can also be certified by the organization , in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.

2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander ( the chief) of this unit, formation, institution or institution;

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