How to withdraw the power of attorney

How to withdraw the power of attorney

With the help of a power of attorney, one person can convey its powers to another for further representation of interest in front of other persons. When the need to cancel power of attorney, should be guided by the Civil Code. This guarantees the principal preservation of property and rights, will exclude the possibility of a fake deal.

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According to GK (186 article), the duration of the power of attorney is up to 3 years (if it is not specified, then up to 1 year). Power of attorney is automatically canceled with:

  • expiration of the validity period;
  • refuse to whom the document is issued;
  • elimination of Yul, who issued or received a power of attorney;
  • the death of any of the participants (issued, who received a power of attorney), as well as the recognition of his missing, limitedly capable, incapable.

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Power of attorney may not be notarized. Then the face, canceling it, should notify about this fact of all interested participants (according to 189 of the Civil Code). This, in fact, the person who is issued a document, as well as suppliers, customers. It is best to send a written notice to the registered letter (you can hand over and personally, on receipt). The power of attorney is returned to the principal. It is important to refine all its notarized copies, which are also legally binding.

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If the power of attorney assured the notary, it should also cancel it. For this, the client writes a corresponding statement by providing power of attorney and his passport. Notary may notify the former trustee on the cancellation of power of attorney. The specified citizen must return the document to either the applicant or notary. You can also send it a registered letter in which you can specify a request to return a power of attorney in the near future. Here you will find:

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If the ability to prevent a trustee that a power of attorney is canceled on it, no - you can take some measures. For example, forbidden the state registration of transactions for this power of attorney, inform the bodies of the Federal Registration Service, other government agencies with which a trustee may be connected.

Remember that in order to cancel power of attorney, you should not explain anything to anyone, argument. This is your legal right that is not subject to discussion. But if a trial did not receive a notice of cancellation of the power of attorney, any of its actions are considered legal.

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