How to revoke a power of attorney certified by a notary in 2022

In what cases are they recalled?

In Art. 188 of the Civil Code of the Russian Federation lists the grounds on which it is permitted to revoke a power of attorney from a representative:

a citizen's refusal of authority;
expiration of the document;
cancellation of the order by the authorizing party;
liquidation, reorganization of the legal entity that issued the order;
death, recognition as incompetent or missing of the citizen to whom the order was issued or who issued the order;
conducting bankruptcy proceedings against the principal and the authorized person, in which the person loses the right to issue documents.

The order is revoked before its expiration if:

circumstances have changed and the principal intends to be present in the process or to collect and prepare documents;
the representative has lost confidence for any reason.

The party that issued the document is not required to explain the reasons for its termination.

What is a general power of attorney?

A general power of attorney is a document that gives another person the right to represent your interests in any matter. It must be certified by a notary. The validity period of such a document is up to 3 years. If the expiration date is not specified, the document is valid for 1 year.

Durable powers of attorney are sometimes found, but rarely. Notaries are reluctant to certify such documents. The main requirement for a power of attorney is that only a legally capable person can draw it up. This document is a one-sided transaction. The authorized person may well not even be present when powers are issued to him.

If the principal decides to revoke the certified power of attorney, he will have to contact the notary again. You must go to the same notary office where the original document was issued.

The reasons for revoking a power of attorney can be very different. For example, loss of trust or termination of a contract. The principal is not obliged to voice them and explain why he decided to cancel this document. Simultaneously with the revocation of the document, the right of subrogation is also canceled.

When visiting a notary, you must take your passport with you. This is the only document required for this procedure.

What powers of attorney cannot be revoked?

There are documents-orders that are issued to ensure the fulfillment of certain obligations. They are used in business activities and are registered by a notary. An indication of the impossibility of cancellation is contained in the text and is regulated by clause 2, art. 188.1 of the Civil Code of the Russian Federation. Such trust deeds are issued for an unlimited period. They indicate the circumstances after which the order ceases to be valid or is cancelled. It is allowed to revoke a document if:

it is used to commit fraudulent activities;
errors have been identified in it;
the authorized party violates the terms of use.

Revocable and irrevocable powers of attorney. Is it possible to revoke an irrevocable power of attorney?

As the name suggests, a revocable power of attorney can be revoked at any time, but an irrevocable power of attorney cannot. However, special rules of Art. 188.1 of the Civil Code of the Russian Federation, which allow their issuance only in strictly defined cases. Thus, it is impossible to arbitrarily indicate in a power of attorney that it is irrevocable - it is necessary first of all to ascertain whether such a possibility is permitted by law or not.

An entry on the irrevocability of rights can be made if two conditions are met in combination:

The document was issued to fulfill or secure the obligations of the person represented to the representative or third parties on whose behalf or in whose interests the representative acts.
Liabilities are related to business activities.

Any irrevocable power of attorney must be certified exclusively by a notary, otherwise it has no legal force. In addition, it must directly indicate that the possibility of revocation is limited (in accordance with paragraph 1 of Article 188.1 of the Civil Code of the Russian Federation).

A logical question arises: how to revoke a power of attorney (irrevocable) and is it possible to do this? By virtue of para. 2 p. 1 art. 188.1 of the Civil Code of the Russian Federation, even the type of power of attorney in question can be revoked if the representative abuses his powers or there are circumstances due to which one can come to the conclusion that abuse may occur in the future.

How to revoke a certified power of attorney

The service “Checking powers of attorney by details” has been launched in the Unified Information System of the Federal Notary Chamber. Its work is regulated by FNP Letter No. 674/01-01-2. The parties to the document are both individuals and legal entities. The act of commission implies an unlimited amount of delegated powers to third parties to carry out transactions with the property of a legal entity and an individual.

IMPORTANT!

Since 2022, a notarized document can only be canceled through a notary! If it was drawn up in free form, the principal himself decides how to formalize the cancellation: in free form or notarized.

Here are instructions on how to revoke a notarized power of attorney to represent interests:

You must contact any notary in the Russian Federation with a copy of the revoked document.
The trusting organization provides constituent documents, a certificate from the Unified State Register of Legal Entities and confirms the authority of the person preparing the review.
It is necessary to fill out a standard application for cancellation, indicating the details of the act being canceled.

Actions of a notary:

Accepts the application for cancellation.
Makes a corresponding entry in the Unified Electronic Register of Powers of Attorney of the Unified Notary Information System (UIS).

One day after the entry is made, authorized persons and organizations are considered informed, and their powers are terminated. The stage of notifying all interested parties when canceling a document is no longer present in the procedure as mandatory.

Since the introduction of the register, all organizations and institutions registering transactions carry out the verification procedure:

Enter the details of the submitted powers of attorney and the person who certified them.
Receive information about the status of the document.

How to cancel a power of attorney through a notary

As was said, to cancel you need to use the same option that was used when drawing up the document. Thus, if the power of attorney was certified in a notary’s office, it will not be possible to cancel it without a notary who certified the transaction. When you contact him, provide written feedback.

At the request of the principal, the lawyer himself can contact the attorney to inform him about the cancellation of the power of attorney. Also, the notary or his assistants can notify third parties to whom the document was presented. In this case, the authorized person can return the document not only to the principal, but also to the notary.

The principal should remember that the law provides for notification of the representative about the end of his powers. Moreover, this is not the right of the principal, but his responsibility. You need to understand that if there was no notification about the cancellation of the power of attorney, the principal is responsible for all actions of the representative. Everything that the attorney does will be considered legal, because he is acting under a power of attorney, which he did not know was revoked.

( Video : “Cancellation of power of attorney”)

To cancel a power of attorney previously issued on behalf of an individual, you must

Contact the notary's office, notify third parties with whom the attorney may contact, contact the representative himself. You need to understand that the more people know about the cancellation, the higher the chance that an already invalid power of attorney will not be used to commit fraudulent acts. There are situations when the representative is not able to return the power of attorney. In this case, a receipt is required from him, with the help of which the attorney confirms that he received the notice of cancellation.

To cancel a power of attorney previously issued on behalf of a legal entity, you must

Draw up an internal order, which will become the revocation of the power of attorney. A document is drawn up on behalf of the head of the company and handed over to the attorney. Typically, the role of representative is played by an employee of the organization. In most cases, the preparation of such powers of attorney does not require notary services. But there are situations when, in the event of certain disagreements, an employee can continue to use the power of attorney for his own purposes. If the head of an organization suspects that an employee is dishonest, you can contact a notary office. Here the specialist has the right to revoke even a non-notarized power of attorney.

How to revoke an unauthorized power of attorney

Since 2022, 332-FZ dated 07/03/2017 has changed subclause 2 of clause 1 of Art. 188 of the Civil Code of the Russian Federation, which clarified whether it is possible to revoke a power of attorney from a notary if it is issued in simple written form. Now it's possible. The principal himself decides which of the two methods to choose:

In free form.
Through a notary. Follow the instructions on how to revoke a notarized power of attorney for an individual or organization.

It is easier to cancel an order that has not been notarized. Here are instructions on how to cancel in free form if the document was issued by an individual:

A notice of document cancellation is drawn up in free form.
The notification is delivered to the representative personally against his signature or by mail with notification.
Third parties are notified in writing, with confirmation of notification.
The trustee must return the deed of guarantee.

Instructions for revocation by a legal entity:

The organization issues an order to cancel it and notifies the authorized party.
The representative submits the power of attorney and registers this in a special journal.
If it is impossible to notify the representative, the notification is published in the State Registration Bulletin or Kommersant. The document loses its legitimacy after a month from the date of publication.

How powers of attorney are issued and in what cases they need to be revoked

Before answering the question of how to revoke a notarized power of attorney to represent interests, we will tell you how a representative is vested with powers, since the procedure for his release from them directly depends on this.
The provisions on powers of attorney are reflected in Art. 185–189 of the Civil Code of the Russian Federation. By virtue of paragraph 1 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney is a document that gives a representative on behalf of the principal the authority to represent interests before third parties. Rights on the basis of a power of attorney can be vested in one or more citizens. The issuance of a power of attorney is one of the few types of unilateral transactions provided for by the Civil Code of the Russian Federation.

Based on the document in question, citizens transfer powers to third parties to perform various actions: representation of interests in courts, sale of property, execution of documents, conclusion of transactions, driving, etc.

The procedure for certifying powers of attorney is specified in Art. 185.1 of the Civil Code of the Russian Federation. As a general rule, the transfer of powers can be made in writing. However, paragraph 1 of Art. 185.1 of the Civil Code of the Russian Federation specifies that in some cases a notarial form is required, in particular, for the transfer of authority to conclude notarial transactions, transactions requiring state registration, registration of the transfer of ownership, as well as in some other cases. The law by virtue of Part 2 of Art. 185.1 equates powers of attorney to notarized ones, which in fact are not such. This applies to documents certified, for example, by the heads of colonies and commanders of military units.

When a document is revoked

The termination period for all types of agency documents is determined as follows:

if the notice of cancellation (simple written and notarized) is sent by a notary, its validity period ends the next day after contacting the notary and posting the information in the register (clause 1 of Article 189 of the Civil Code of the Russian Federation as amended by Law No. 332-FZ);
if the notice of cancellation in simple written form was sent to the trustee and third parties without notarization, by mail with notification, its validity period ends on the day of receipt;
sub entrustment terminates in the event of cancellation of the main power of attorney (clause 3 of Article 188 of the Civil Code of the Russian Federation).

When a power of attorney cannot be revoked

There are situations provided for by the law of the Russian Federation when it is impossible to revoke a power of attorney before the expiration of its validity period or the occurrence of the circumstances referred to in it. This is the so-called “ irrevocable power of attorney ”, the preparation of which is provided for in Art. 188.1 of the Civil Code of the Russian Federation. It is drawn up exclusively in notarial form and does not provide for the right of subrogation. The wording of an irrevocable power of attorney differs from the usual one in only one point - the prohibition of cancellation before the expiration of the term or the occurrence of specified events.

Such a document is more risky for the principal than the usual form of power of attorney, so it is concluded for one-time legal relations or transactions with very clearly defined boundaries of conditions.

Early termination of an irrevocable power of attorney is possible only for special, exceptional reasons provided for in legislative acts, namely:

its goal has been achieved or it is clear that it will never be achieved for objective reasons;
the principal or guarantor has died;
the principal has evidence that the guarantor is abusing or is likely to abuse the powers under this power of attorney;
according to the conditions that were specified in the document itself.

It cannot be said that the annulment of an “irrevocable” power of attorney is absolutely impossible; it would be more accurate to state that its procedure is more difficult compared to the usual form of a power of attorney.

How to report that permissions are no longer valid

It is in the organization's best interest to communicate that the document is no longer valid to avoid problems in the future.

If the review is made in simple written form, the principal has the right to publish the information in any official publication in which information about bankruptcy is published. For example, in the newspapers “Kommersant” or “Bulletin of State Registration” (clause 1 of article 28 of Federal Law 127-FZ of October 26, 2002, part 2 of article 3 of 30-FZ of March 12, 2014 and Government Order 1049-r dated 07/21/2008). But to do this, the signature on the application for the revocation of authority will have to be notarized. One month from the date of publication, all third parties are considered notified.

If you follow the instructions on how to revoke a general power of attorney certified by a notary, you do not need to do anything additional. The notary himself will enter information into the special register of notarial actions of the Unified Notary Information System. Anyone can check the document and see that it is not valid. Access to the register is free and free.

Procedure for revoking a power of attorney

IMPORTANT! Recommendations for drawing up a notice of revocation of a power of attorney from ConsultantPlus are available here

It would be more correct to call such an action not “revocation of a power of attorney,” but “cancellation of authority.” Since the result of such an action will be precisely the termination of the representation.

To complete this procedure, you cannot do without a notary who certified the issued power of attorney. What needs to be done by the principal who wishes to cancel this document:

write a statement in which you notify the notary of your will to terminate the power of attorney;
decide on who will notify the representative about the termination of his right - you yourself or a notary;
if you decide to use the help of a notary to notify a representative, the representative of the law himself will send out official notices;
after the notary has sent the notices, he will provide you with evidence that the notice was served;
it is necessary to notify not only the representative, but also all possible “addressees” who were supposed to be presented with a power of attorney to act on behalf of the guarantor;
a note on the revocation of the power of attorney in a special notary register (made by a notary);
the power of attorney is returned by the recipient to the person who issued it.

IMPORTANT! If it is impossible to accurately determine the scope of the possible validity of the power of attorney or it is too broad, that is, targeted notification of third parties is impossible, you need to notify them through the media. To do this, you need to place the relevant information in the Kommersant newspaper. This does not cancel the obligation to personally notify the guarantor himself.

Revocation mechanism

So, how to revoke a notarized power of attorney? To revoke powers, the principal should adhere to the following procedure:

Contact any notary in Moscow (or other cities in the regions of Russia) and write a standard application for cancellation of the power of attorney, which indicates the details of the document. It is advisable to have a copy of the power of attorney on hand to make it easier to find this document.
In response to the application, the specialist will perform the necessary action - canceling the power of attorney. The corresponding entry is made in the unified electronic register of powers of attorney of the Federal Notary Chamber. This is an open web resource in which all notaries in Russia make entries, and any citizen can request information.
One day after this information is entered into the register, the authorized persons are considered informed of the revocation of the power of attorney and their powers are terminated. This is the main advantage: earlier, before the advent of the electronic register, in order to revoke a power of attorney from a notary, it was necessary to obtain notification of the persons in the power of attorney about the revocation. And this could be done through mail with a notification of receipt, or by publishing a notification in an official publication (Kommersant newspaper). Therefore, the cancellation procedure could drag on for weeks, which gave power of attorney holders the opportunity to commit unwanted actions. Now such a flaw has been eliminated, and the removal of powers is carried out very quickly.

Scope of application of an irrevocable power of attorney

The type of power of attorney introduced into civil circulation, as indicated above, has a target direction. In other words, the scope of application of an irrevocable power of attorney is strictly limited. Representatives of the business community can draw up such an agreement.

What are the advantages of this type of power of attorney? A formal agreement allows entrepreneurs and any legal entities to transfer to other persons, for a specific period specified in the documents, their property, valuables, etc. At the same time, the Civil Code of the Russian Federation allows not to formalize such a transfer process in the form of a civil transaction. This in turn reduces the tax burden on business.

In addition, an irrevocable power of attorney allows legal entities, such as shareholders, to represent each other at collective meetings and votes. A shareholder agreement is concluded between the participants, which sets out the position of each person. To prevent the representative from changing the point of view of the person represented before the vote, the official power of attorney cannot be revoked. This guarantees respect for the rights and interests of each party to legal relations.

How to check a power of attorney issued by a notary?

If you had to make some kind of transaction, and one party is represented by a trustee, it becomes necessary to check the document for authenticity. Such verification can be carried out by strictly defined groups of persons:

persons involved in the preparation of documents at the notary
legal representatives in whose name the document is issued
representatives of investigative and judicial authorities
bailiffs, if the information is necessary in connection with their professional duties
notaries

Since 2022, at the Federal Chamber of Notaries, you can check the authenticity of a power of attorney online. There is a single register that allows you to verify the authenticity of any document. There is even information about powers of attorney that have already been revoked. Your actions:

How to revoke a power of attorney issued in another city

The law allows you to cancel a trust document, even if it was drawn up in another city. In fact, this procedure is no different from ordinary actions. Here you will also need:

Notify the authorized representative;
Notify all persons to whom the power of attorney was presented about the cancellation. These can be both individuals and companies;
Receive a power of attorney back from the representative;
If the revocation of the power of attorney is published in an official publication, then after a month it will be considered that third parties have been notified.

Cancel power of attorney for a car

Today, in order to drive someone else's car, there is no need to have a power of attorney. However, you cannot do without this document if you need to perform any actions on the machine. To revoke this trust document, the owner of the car must contact the traffic police. Here you need to indicate that the authorized person has lost the ability to register the vehicle, pick it up from the impound lot, and perform other actions.

It is also necessary to contact the trusted person himself. You need to not only inform him about the cancellation of the power of attorney, but also get this document back. If the representative has insurance and vehicle insurance on hand, they must also be returned to the owner of the car.

When does document cancellation take effect?

Many people wonder at what point exactly can a trust document be considered invalid? Some argue that the revocation begins to take effect from the moment it is drawn up and signed by the principal. However, it is not. It is logical to assume that the annulment should take effect no earlier than the moment when the attorney and third parties are familiar with it. Although it is important to understand here, the representative and third parties usually receive notice of cancellation at different times. Therefore, for each of them, the beginning of the cancellation effect may be different.

The effect of the canceling document begins from the moment it is received by the addressee. There is no need to be confused here, because the addressee may receive a notification, but not read it. In other words, if there is confirmation that the addressee received the notice, for example, upon receipt of a registered letter, then such cancellation is already in effect. Moreover, it does not matter why the addressee did not read and familiarize himself with the notification received.

If it is not possible to contact third parties, you need to use the official publication “Kommersant”, where the corresponding announcement is placed. In this case, the cancellation of the power of attorney for third parties begins 30 days after publication of the announcement.

Instructions for performing the procedure

An individual or legal entity has the right to terminate the issued power of attorney at any time. How to cancel a power of attorney certified by a notary? The revocation can be carried out independently or in a notary office:

Correctly write the text of the document on revocation of the power of attorney (order, notice or statement).
Notify the representative whose powers are terminated.
Notify the persons to whom the power of attorney was intended.
Collect the original power of attorney from the attorney:
If the power of attorney is not given, draw up a non-return deed.

Attention! The authorized person or third parties who were not aware of the termination of the power of attorney may act on the basis of it legally.

By specifying several people as attorneys, you can later deprive some of them of their powers, leaving the power of attorney valid. But! If a power of attorney indicates a group of persons as a principal, then the desire of one of them will be sufficient to invalidate the power of attorney.

For legal entities

There is a common practice in organizations - not to formalize the revocation of a power of attorney, but simply to take it away from the employee. This method is not justified if:

the power of attorney had the right of substitution;
third parties are not notified of the recall.

For the organization to function properly, its structure must have a unit responsible for issuing, storing and revoking powers of attorney. If such a body operates in accordance with the regulations, then the revocation of the power of attorney occurs according to internal regulations. Otherwise, an order form must be used to notify the attorney of the revocation of the power of attorney.

Documents on the cancellation of powers of attorney are certified by the same executive body that issued them. If notarization took place, you must write an application for revocation from the notary.

It is important to remember that when an employee is dismissed, the powers of attorney issued to him do not lose their force and are recognized as legal!

For individuals

Changes in legislation that came into force in January 2017 allow the notarized revocation of powers of attorney issued in simple written form. Therefore, if a citizen wants to guarantee the cancellation of an issued power of attorney, it is better to use notary services. If the power of attorney was initially notarized, then its effect can only be canceled with the help of a notary.