Power of Attorney for Receipt of Movable Property

How to draw up a form for the disposal and management of real estate

Before drawing up a document, you need to pay attention to the basic content requirements.

The paper is formed according to the following structure:

Physical boundaries of template use	The subject of the Russian Federation and locality are indicated.
The date is entered	A very important point, because in the absence of this information, the sample will be considered invalid.
Information about the principal and attorney	This refers to the data of passports or other documents confirming identity, date of birth and place of registration.
Full company name	State registration details, TIN number, legal address are written down. If this is a foreign company, then information about accreditation is indicated.
Information about the representative of an individual	Full name, date of birth, registration, passport details, basis of authority.
Breadth of authority	All permitted transactions with property are described.
Deadlines	According to the law, the maximum validity period does not exceed three years.
Signatures	Both persons involved sign their names.
Seal	Set by the principal.

Example of a general power of attorney

Power of attorney to dispose of property

To draw up a power of attorney for the purpose of transferring the powers of property management to an authorized person, passport information is required separately for the principal and for the authorized person.

They must be taken only from civil passports valid at the time of drawing up the trust document. The document must list the relevant powers that the principal grants to his representative to enable the latter to perform the necessary actions.

You should approach the execution of a power of attorney as carefully as possible, indicating in it a specific list of permissible actions that the representative is allowed to perform on behalf of the principal.

Inaccurate formulations and transfer of powers to manage and dispose of property, which cannot be identified due to the lack of appropriate characteristics, would be inappropriate here.

The validity period of a power of attorney issued for the disposal of real estate (apartment) should not exceed three years.

To exclude illegal actions in relation to property, the management powers of which are transferred on the basis of a power of attorney, legal experts recommend using only clear language when drawing up the powers of the trustee, as well as individualizing the property that the representative will subsequently have to manage.

For example, the exact wording should look like this: “I authorize the management and disposal of the house located at the address: Ekaterinburg, st. Lenina, 48, namely...”

Any power of attorney for the disposal of real estate or other property should be certified through a notary. This point is especially important if the terms of the document provide for the possibility of transferring authority to another person.

It should be recalled that in accordance with paragraph 2 of Article 187 of the Civil Code of the Russian Federation, the attorney is obliged to notify the principal of all facts of transfer of powers provided for by the power of attorney.

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Kinds

There are the following types of powers of attorney for property management:

Special	Issued when it is necessary to perform monotonous (homogeneous) operations.
General	Gives the right to manage and make various transactions with property.
One-time	Asserts the possibility of performing a single operation.

Power of attorney to dispose of property: form

The power of attorney form is here.

Power of attorney

Moscow "___"________20___

I, a citizen of the Russian Federation ________________, ___________ year of birth, gender male, place of birth: ______________, passport series ________ number ______________, issued ______________ ______, department code ________, registered at the address: ____________________, I trust the citizen of the Russian Federation ________________, ___________ year of birth, gender male, place of birth: ______________, passport series ________ number ______________, issued ______________ ______, department code ________, registered at the address: ____________________, manage and dispose of all my property, whatever it consists of and wherever it is located, conclude everything transactions permitted by law for the management and disposal of property: buy, sell, accept as a gift, exchange, pledge and accept buildings and other property as collateral, make payments on concluded transactions; accept or refuse an inheritance; receive property, money (deposits), securities, as well as documents due to me from all persons, institutions, enterprises, organizations, commercial banks, post offices and telegraphs on all grounds; manage bank accounts; receive postal, telegraph and all kinds of correspondence, including money and parcels, conduct business on my behalf in all government agencies, commercial, cooperative and public organizations, as well as conduct my business in all judicial institutions with all the rights granted by law to the plaintiff , the defendant, a third party and the victim, including the right to fully or partially waive the claim, admit the claim, change the subject of the claim, conclude a settlement agreement, appeal the court decision, present a writ of execution for collection, receive the awarded property or money, sign for me and perform other actions related to the execution of these instructions.

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Power of attorney for the right to sign.

Read about the power of attorney to receive documents from the tax office here.

The power of attorney was issued without the right of delegation to another person.

The power of attorney was issued for a period of three years.

Moscow ________________ two thousand __________

A power of attorney is NOT needed

If you are going to be present at the acceptance of the apartment, you do not need to issue a power of attorney for any of the accompanying persons. However, in order to prevent a thorough inspection of the apartment, the developer may require you to issue a notarized power of attorney for the acceptance specialist. We tell you why this is illegal and what to do in this case.

In your relationship with the developer, your rights are governed by three laws:

Civil Code of the Russian Federation.

Federal Law N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

By law, you are required to accept the apartment within the period specified in the contract, or within seven days after receiving notification of completion of construction. At the same time, there are no restrictions in any legal norm regarding who can come with you to accept the apartment. This means that you can invite anyone to the inspection - family, friends or apartment acceptance specialists.

As mentioned above, a notarized power of attorney is only necessary if another person takes over the apartment without your participation. But if you yourself are going to be present at the reception, requiring a power of attorney for those accompanying you is an absolute violation of consumer rights.

What to do if the developer requires a notarized power of attorney:

Write on the Construction Committee portal https://gov.spb.ru/gov/otrasl/komstroy/obrasheniya-grazhdan/feedback/
Write on the portal “Angry Citizen” https://www.angrycitizen.ru/
File a claim and contact the developer with it. In your complaint, you indicate that you want to come to the inspection accompanied by a specialist, and the developer has no right to refuse this. Compiled in free form. If the developer has not responded to the claim, request a reasoned refusal in writing. No legal norm contains reasons for refusal. The developer will either write in the refusal reasons that are obviously unsuccessful in court, or will allow you to come with a specialist.
If the developer has drawn up an official refusal, it is necessary to file a claim in court to protect consumer rights. You have the right to demand a penalty for each day of delay in transferring the apartment, as well as compensation for moral damages for violation of your rights.

Remember, when buying real estate, you are not required to understand the intricacies of construction. Therefore, the developer has no right to prevent you from involving experts in assessing the quality of the apartment.

Buying an apartment by proxy from the seller

Vasily, it’s better not to mess with this option. The guardianship authorities may let you through (especially why ask them if the grandmother is in her right mind?), but there are nuances that are alarming. Why is the power of attorney for the realtor, and not for the grandchildren? And what kind of grandchildren are these who don’t allow grandma to live out her life in her apartment?

Vasily Petrovich! You are worried about your 90-year-old granny, that she will be left without an apartment and without money. The Buyer also has the opportunity to lose his money and be left without an apartment. Everything you described looks like a crime. Are you asking what your risks are? Huge.

Rules for accepting an apartment from the developer

When the property is ready for delivery, the developer invites the buyer to accept it.

Instructions

The buyer must visually inspect all details of construction, finishing, and communications for defects and shortcomings. If there are any, this information is clearly recorded in the inspection sheet, information about existing shortcomings is also included in the acceptance certificate.

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From the moment the deed is signed, the apartment is considered transferred.

Title documents for movable property

Hello! The concept of “title document” is interpreted differently in different legal acts, from which it follows that a title document can be any document that gives rise to any right (and not only property).

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The complete, in my opinion, concept of a title document is contained in the Procedure approved by Order of Rosreestr dated December 23, 2020 No. P/666. According to the said Procedure, “title documents” are documents that form the basis for state registration of the existence, occurrence, termination, transfer of rights to real estate and transactions with it. The basis document means an agreement or other document establishing the right (purchase and sale, lease, donation, etc.).

What is a power of attorney

A power of attorney is a document that gives one person a certain number of powers to represent the interests of another person. However, a power of attorney does not serve as confirmation of facts.

This means the following:

a power of attorney cannot be used to confirm the conclusion of an agreement;
if a power of attorney is issued to fulfill the conditions specified in the agreement by a representative, the rights of the principal in this case do not terminate.

The power of attorney is drawn up in writing. There are no other requirements for its preparation, unless otherwise established by civil law.

According to the provisions of the Civil Code of the Russian Federation, in certain situations a notarized power of attorney is required. For example, if the power of attorney is transferred to conclude an agreement, which must also be notarized (mortgage agreement).

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How to issue a power of attorney for the right to sign, read here.

Power of attorney for signing acceptance certificates for services provided

It should be remembered that the signature must be put personally by the principal and correspond to the signature in the passport. As for the validity of the power of attorney, the maximum term of office in accordance with the legislation of the Russian Federation is no more than three years.

Powers under this power of attorney cannot be transferred to third parties. The power of attorney was issued for a period of up to » » 20. I certify the signature of the authorized representative. All materials on the blanki.online site are written specifically for this web resource and are the intellectual property of the site administrator. Publishing site materials on your website is possible only if you provide a full active link to the source.

How to obtain an extract from the register of pledges of movable property

An extract from the register of notices of pledge of movable property can only be issued by a notary. You can choose a notary at your own discretion. The issuance of an extract is not related to the location of the person who applied, nor to the place of registration of the notice of pledge (Article 103.7 of the Fundamentals of Legislation on Notaries).

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An extended extract from the register of pledges can only be obtained by the pledgor, pledgee or their authorized representatives. In addition to the information in the summary statement, it contains information about all registered notifications on the basis of which it was generated.

Have a question for a lawyer?

There is no legal term “general power of attorney”. This is simply a general power of attorney.

In accordance with paragraph 2 of Art. 182 Civil Code of the Russian Federation,

3. A representative cannot make transactions on behalf of the represented person in relation to himself personally

A transaction that was made in violation of the rules established in paragraph one of this paragraph, and to which the principal did not give consent, may be declared invalid by the court at the request of the principal if it violates his interests. Violation of the interests of the represented person is assumed unless proven otherwise.

Thus, it is impossible to draw up, for example, a gift agreement by signing it on behalf of the grandmother as the donor and on one’s own behalf as the recipient. Firstly, Rosreestr will not accept such a transaction for registration, and, secondly, even if the transfer of ownership to you is registered, such a transaction will be able to be challenged in court by both the grandmother herself and her heirs.

The only thing is to give the property to someone (whom you trust), and he will give it to you. To avoid problems, it is better to immediately sign two deeds of deed with an open date, and in the one under which the property is transferred to you also with open registration data of the object (because after the first donation, they will change).

However, it is better that the donor and recipient are close relatives, otherwise you will have to pay tax - Art. 217 of the Tax Code of the Russian Federation (13% of the cost of the house and land, the assessment of which must be in the donation agreement). Clause 18.1 art. 217 Tax Code of the Russian Federation:

Income received as a gift is exempt from taxation if the donor and recipient are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandparents and grandchildren, full and half (having a common father or mother) brothers and sisters);

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Wouldn’t it be easier to draw up a deed of gift from your grandmother to you?

Client clarification

When we drew up the power of attorney, we didn’t think about this. But at the moment (and my grandmother is 96 years old) I am afraid that I will not be able to explain to her what I want and why. So, I will give it to my son. Or to my husband.

13 May 2020, 17:33

About donation. I'll get better. It is impossible to give a gift under a general power of attorney if it does not indicate the subject of the gift and the donee (clause 5 of Article 576 of the Civil Code of the Russian Federation):

5. A power of attorney for making a gift by a representative, in which the donee is not named and the subject of the gift is not indicated, is void.

You can issue a power of attorney from your grandmother to another person with the authority to give you a specific house and land. It’s better to immediately make a gift from your grandmother to you.

With the existing power of attorney, you can enter into purchase and sale agreements.

Client clarification

So I can sell the house, but I can’t give it away? I wouldn't want to sell it now. If I receive it as an inheritance, will I have to pay inheritance tax and then, upon sale, sales tax?

13 May 2020, 17:39

A granddaughter (if you are a granddaughter, and I understand that we are talking about your grandmother) does not directly inherit from the grandmother. The grandmother is inherited by: children, spouse, (parents). And grandchildren in order of presentation (Article 1142 of the Civil Code of the Russian Federation):

1. The heirs of the first priority according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation.

“By right of representation” is this (Article 1146 of the Civil Code of the Russian Federation):

1. The share of an heir by law who died before the opening of the inheritance or simultaneously with the testator shall pass by right of representation to his corresponding descendants in the cases provided for in paragraph 2 of Article 1142

That is, you inherit by law if one of your parents, who is the child’s grandmother, no longer exists.

If you inherit, then you do not pay personal income tax (Clause 18, Article 217 of the Tax Code of the Russian Federation) The following are exempt from personal income tax:

18) income in cash and in kind received from individuals through inheritance

If you sell on behalf of your grandmother, for example, to your husband, then your grandmother will not pay personal income tax due to clause 17.1 of Art. 217 Tax Code of the Russian Federation:

17.1) income received by individuals who are tax residents of the Russian Federation for the corresponding tax period from the sale of residential houses, apartments, rooms, including privatized residential premises, dachas, garden houses or land plots and shares in the said property that were owned by the taxpayer three year or more, as well as when selling other property that was owned by the taxpayer for three years or more .

Client clarification

Yes, this is my own grandmother, and my father, her son, is no longer alive. This means that I can leave everything as it is and let events take their course. Thank you!

14 May 2020, 22:36

Types of apartment decoration

The first questions regarding acceptance may arise in connection with the finishing of the purchased apartment. The price of a new home depends quite heavily on the type of finishing that is done in the apartment. And when accepting a given residential premises, it is worth determining whether the result conveyed by the developer coincides with what was stated in the contract.

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In order to adequately approach this issue, you need to understand what types of finishes exist and how they differ from each other.

Turnkey finishing. This type of finishing is the most expensive option. This is due to the fact that the apartments are not finished according to a standard design, but individually, taking into account the wishes of the purchaser. For these works, the developer, as a rule, attracts a third-party organization, spends additional funds, and this determines the increased cost of such apartments.
Clean finish. This option is, of course, more modest compared to the first, but by no means the cheapest. If the buyer has chosen this option, then upon completion of construction he will receive an apartment quite suitable for living. In such objects, standard finishing is carried out, plumbing equipment, a gas or electric stove are installed (depending on the number of floors of the house), wallpaper is hung on the walls, and there is covering on the floor. In principle, this option is very convenient for those who do not plan to make repairs in the purchased premises. For those who plan to arrange everything to their liking, the following options are more suitable.
Rough finish. In this case, the apartment has all the necessary communications and interior partitions, the apartment is prepared for cosmetic renovation. This option is quite convenient for those who plan to arrange their own housing, however, it will significantly delay the date of moving into such an apartment.
The apartment is unfinished. This option looks like a concrete box. There are no interior partitions in the apartment, only load-bearing structures are present. For whom will this option be beneficial? For those who would like to create an individual apartment layout at their own discretion. In such an object it will be possible to realize the flight of your imagination 100%. However, you need to be prepared for significant financial investments in the apartment, as well as for the fact that you will have to spend a sufficient amount of effort and time.

Each buyer independently determines the option that is more profitable for him, and chooses an apartment in accordance with this.