Instructions for signing the power of attorney
4. A power of attorney refers to a legal document produced by a party for the purpose of granting a proxy to an agent. It is a sign that the principal performs the authorization act and is the direct basis for generating the agency. There are two types of power of attorney: one is a civil agency power of attorney; the other is a litigation agent power of attorney. The basic content of the power of attorney should include:
l. The name, gender, date of birth, occupation, and current address of the principal and trustee. If the principal is a legal person, the full name, address, legal representative name, etc. of the legal person shall be indicated.
2. The matters entrusted must be clearly and specificly written. It should be noted that in a civil agency, the matter entrusted by the agent must be a civil act that has legal significance and can produce certain legal consequences. Article 63, paragraph 3 of the General Principles of the Civil Law of China clearly stipulates: "In accordance with the law or in accordance with the agreement of the parties, the civil legal acts that should be carried out by the person shall not be represented." If the person has a personal nature, the adopted child, the marriage registration, etc. Legal act.
3. The scope of the entrusted license is the basis for the agent to act as an agent. The lawyer must write clearly when writing the letter. In a civil agency, there are three cases in which the principal grants the agent's agency rights: a. One commission, that is, the agent can only handle civil legal acts on a certain matter entrusted; b. Special commission, that is, the agent is entrusted to In a certain period of time, the civil legal acts of the same nature shall be handled in succession; c. The general entrustment, that is, the agent is entrusted to handle a variety of civil legal acts concerning a certain type of affairs or a certain subject matter within a certain period of time.
In the civil litigation agency, the entrusting agency rights are divided into two types: a. General entrustment, that is, the entrusted agent can only act on behalf of the litigant as general litigation, such as proposing evidence, conducting debates, and applying for property preservation. b. Special entrustment, that is, the entrusted agent is entrusted to carry out certain major litigation actions, such as the right to represent the parties to recognize, change, or waive the claim; to have the right to file a protest or counterclaim; to have the right to reconcile with the other party. It should be noted that Article 62 of the Civil Procedure Law of our country has a restrictive provision on the special nature of marriage cases, and the agency permission granted by the parties when entrusting an agent, that is, "if there is an agent in the case of divorce, I In addition to not expressing the will, you should still appear in court; if you are unable to appear in court due to special circumstances, you must submit a written opinion to the people's court."
The following matters should be noted when signing the power of attorney:
2. The time limit for the entrustment must be clearly stated and the time of the suspension. It is easy to cause controversy without writing the start and end time.
3. If the special power of attorney is between citizens, it shall be notarized to ensure the authenticity and legitimacy of the commissioned act.
l. The name, gender, date of birth, occupation, and current address of the principal and trustee. If the principal is a legal person, the full name, address, legal representative name, etc. of the legal person shall be indicated.
2. The matters entrusted must be clearly and specificly written. It should be noted that in a civil agency, the matter entrusted by the agent must be a civil act that has legal significance and can produce certain legal consequences. Article 63, paragraph 3 of the General Principles of the Civil Law of China clearly stipulates: "In accordance with the law or in accordance with the agreement of the parties, the civil legal acts that should be carried out by the person shall not be represented." If the person has a personal nature, the adopted child, the marriage registration, etc. Legal act.
3. The scope of the entrusted license is the basis for the agent to act as an agent. The lawyer must write clearly when writing the letter. In a civil agency, there are three cases in which the principal grants the agent's agency rights: a. One commission, that is, the agent can only handle civil legal acts on a certain matter entrusted; b. Special commission, that is, the agent is entrusted to In a certain period of time, the civil legal acts of the same nature shall be handled in succession; c. The general entrustment, that is, the agent is entrusted to handle a variety of civil legal acts concerning a certain type of affairs or a certain subject matter within a certain period of time.
In the civil litigation agency, the entrusting agency rights are divided into two types: a. General entrustment, that is, the entrusted agent can only act on behalf of the litigant as general litigation, such as proposing evidence, conducting debates, and applying for property preservation. b. Special entrustment, that is, the entrusted agent is entrusted to carry out certain major litigation actions, such as the right to represent the parties to recognize, change, or waive the claim; to have the right to file a protest or counterclaim; to have the right to reconcile with the other party. It should be noted that Article 62 of the Civil Procedure Law of our country has a restrictive provision on the special nature of marriage cases, and the agency permission granted by the parties when entrusting an agent, that is, "if there is an agent in the case of divorce, I In addition to not expressing the will, you should still appear in court; if you are unable to appear in court due to special circumstances, you must submit a written opinion to the people's court."
The following matters should be noted when signing the power of attorney:
2. The time limit for the entrustment must be clearly stated and the time of the suspension. It is easy to cause controversy without writing the start and end time.
3. If the special power of attorney is between citizens, it shall be notarized to ensure the authenticity and legitimacy of the commissioned act.
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