Power of attorney to deregister a car in 2021

Who can deregister a car?

In accordance with the Civil Code of the Russian Federation (namely, Article 185 part 1), the owner of movable property has the right to draw up a power of attorney to deregister a car from the traffic police in simple written form for any citizen over 18 years of age. It is also advisable that the person in charge has an idea of how the procedure for deregistering a car with the MREO occurs. Otherwise, the law does not provide any restrictions.

If a general power of attorney is drawn up by a person who has legal status, then for him the second party is most often his subordinates. But this is not considered a prerequisite, nor is knowledge of the law. And therefore it can be ignored.

Registering a car by proxy

To register by proxy, the following documents will be required:

Statement.

Passport of the authorized person, i.e. the person to whom the power of attorney has been issued.

Passport of the car owner (from January 1, 2021).

A document certifying ownership of the vehicle (car purchase and sale agreement, gift agreement, certificate of inheritance, etc.).

Power of attorney for registration.

Registration documents (old registration certificate), vehicle passport (PTS), registration plates (existing vehicle license plates).

Note. MTPL insurance must be purchased for the car, and state duties must also be paid. In this case, the original receipts and insurance policy are provided to the traffic police at the request of the driver.

Otherwise, obtaining license plates by proxy is no different from regular vehicle registration.

In what cases is a proxy needed?

There are rules that cannot be ignored. According to the regulations of the Ministry of Internal Affairs, the driver has the right to draw up a power of attorney to deregister a car in the following cases:

Sale of a vehicle;
Cancellation of car registration due to its destruction (this also includes scrapping the car);
Vehicle theft;
Removal of movable property outside the country.

It is important to know! Based on this, it turns out that using a general power of attorney, you can deregister a car under any circumstances provided for by the law of the Russian Federation. This means that such a document gives a person the same powers that its direct owner has.

In addition to the age of majority, the only conditions for the responsible person include his legal capacity. Indeed, according to the traffic police regulations, issuing a certificate for a citizen who does not have the opportunity to independently exercise his rights is strictly prohibited. The social status of the guarantor and the presence or absence of a driver's license do not affect the preparation of the form.

The powers that the document gives

Any vehicle receives the right to participate in road traffic only after registering it with the State Traffic Inspectorate.
The procedure is carried out by the owner of the vehicle. But in some cases, the owner cannot do this personally for a number of reasons. The law allows accounting actions with vehicles by proxy. A power of attorney for registering a car with the State Traffic Safety Inspectorate is a confirmation of the transfer of authority to a third party, who receives the opportunity to carry out all registration actions, after which the rights and obligations arise to the owner of the vehicle. The principal and third party can be both physical and legal entities.

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Documents confirming the registration of a car (or other vehicle), executed with the participation of an authorized person, are issued in the name of the owner who issued the power of attorney.

The document gives the right to perform the following actions:

Registration of a vehicle purchased at a car dealership, imported into the territory of the Russian Federation, assembled independently or imported into the Russian Federation temporarily for a period of at least 6 months;
Changing data when purchasing a used car, processing design changes, obtaining new license plates, registration documents, movable property passports if they are lost or have become unusable;
Upon sale of a car or theft - termination of registration;
Deregistration for removal of a vehicle outside the country or for its disposal.

To obtain information certificates from the MREO regarding the registration and re-registration of a car, as well as to appeal the actions of a traffic police inspector through a third party, a power of attorney from the owner will be required.

How the procedure works

In order to issue a power of attorney to deregister a car with the State Traffic Safety Inspectorate according to the generally accepted model, the current owner must follow certain steps. They are quite feasible for any person:

Collect a complete package of documents;
Notify the other party to the agreement about the place and date of the meeting;
Appear with the guarantor at the law office;
Fill out the form based on the passports of the current owner of the vehicle and the responsible person;
Sign the paper and receive a notary stamp.

Having such a certificate in hand, the authorized representative can easily carry out the procedure for removing the car from state registration, subject to compliance with the internal regulations of the MREO.

Required documents

To certify the general agreement between the vehicle owner and the guarantor, the notary must provide:

Passport of the responsible person;
Identity card of the vehicle owner;
Vehicle PTS.

In fact, this list of documents is considered the most extensive, and therefore for limited types of documents it can be somewhat reduced.

Filling out a power of attorney

1. The document can be divided into 4 parts. The first part contains information about the principal, i.e. owner of the vehicle. The second part contains the data of the authorized person, i.e. the person who will register the car. The third part is filled in with the data of the vehicle itself. Well, the fourth contains general information (validity period, date and signature).

2. This power of attorney is issued before the car is registered, so it is quite possible that you will not have the necessary information to fill out some of the columns of the third part. Such fields should be crossed out.

For example, a state registration plate and a vehicle registration certificate are issued only after the registration of a new car.

3. Print out the power of attorney in two copies. A second document may be required if the traffic police want to keep a copy of the power of attorney for themselves.

Power of attorney for deregistration

The power of attorney form for deregistration of a car with the traffic police is a handwritten agreement drawn up in a generally accepted form. Depending on the type, such a certificate can give a citizen not only limited powers, but also give him complete freedom of action in relation to the vehicle. We will consider below what examples exist in the regulations of the Ministry of Internal Affairs.

Kinds

According to the list of powers granted, a power of attorney is divided into two main types: legal and physical. But based on the duration period, this document can be:

Disposable (issued to the responsible person for a specific purpose);
Special (issued for a specified period during which the guarantor can carry out only the same type of operations in relation to movable property);
General (has no expiration period and gives the second party to the contract the same powers as those provided for the direct owner of the vehicle).

It is important to know! Depending on the type of certificate chosen, the cost of notarization will vary significantly. It is impossible to carry out such a procedure for free.

Power of attorney form for registering a car with the traffic police

Note. You can fill out the form either electronically or by hand. Fields that are not editable are filled in by traffic police officers, so you should not enter information into them.

This form is universal, that is, it is suitable for absolutely all registration operations:

registration of a new car;
changing the registration data of a car when purchasing second-hand;
termination and renewal of registration;
deregistration and reinstatement;
recovery of lost documents;
replacement of documents when changing surname;
changing the design of the vehicle.

Moreover, in each of the listed cases, the application is filled out differently.

Sample design

The downloaded power of attorney form to deregister a car with the State Traffic Safety Inspectorate is filled out exclusively by hand and submitted in writing to a notary representative. It is not necessary to write information in such documents in printed font. Regular handwritten text will also work. The main thing is that the certificate is readable. If this condition is met, the lawyer will put his signature, which will give the completed paper legal force.

For individuals

Any type of agreement for the transfer of the right to cancel the registration of a car in the MREO to a third person is filled out according to the uniform standard provided for individuals. This form includes the following data:

Date of drawing up the power of attorney, name of the legitimizing authority;
Initials, date of birth and region of registration of the current owner of movable property;
Vehicle data (model, make, year of manufacture, state number and VIN code);
Validity period of the document (not indicated in all cases);
Full name and actual place of residence of the representative.

Additionally, the form must include a signature and indicate the possibility of re-issuing the power of attorney to third parties. Without the listed notes, the paper will not be considered valid, and it will definitely not be possible to sell a car using it.

For legal entities

For legal entities, a sample power of attorney for deregistration of a car is drawn up in approximately the same way as for citizens with physical status. But this type of certificate must also contain extended data. Namely:

The city where the contract was concluded;
The name of the organization acting as the principal (the address of the company and its state registration number are also indicated);
Initials and position of the person responsible;
A list of responsibilities and powers that the document confers on the representative;
The full name of the traffic police department where the guarantor will carry out procedures in relation to the vehicle transferred to him;
Characteristics of movable property (model, make, year of manufacture, color, body and engine numbers);
Duration period of the contract.

It is important to know! Just like a physical power of attorney, the legal document requires a statement that it cannot be passed on to third parties. For notarization, the drawn up paper must be secured with the signatures of both parties.

Termination of registration of a vehicle without an owner

According to Russian legislation, today a power of attorney is not required to drive someone else’s car; it is enough to be included in the insurance. However, registration actions to deregister a vehicle without the owner still require a power of attorney from his representative.

Here are some cases when a car may need to be deregistered:

decommissioning of vehicles and further disposal;
exporting a car abroad with the ability to drive it there;
an accident after which the car can no longer be used (read about whether it is possible to get rid of a car that is not running, how to deregister a damaged or burnt-out car here);
the car was stolen (about in what cases a car can be deregistered without a vehicle and what to do if the car is stolen or it is repossessed by the bank, see here);
the car is transferred to another person.

Also, do not forget about the forced deregistration of a vehicle. These are cases of litigation and penalties.

Read about the reasons, grounds and procedure for deregistration of a vehicle and the cancellation of the decision here.

What kind of permission can the owner of the car have?

There are three types of powers of attorney: general, special and one-time.

The General General gives unlimited powers to carry out any manipulations with the vehicle to the person to whom it is issued.
In a special agreement , the owner and the one to whom the power of attorney is issued clarify in advance the actions that the latter has the right to perform, and in the future do not go beyond this framework.
one-time power of attorney is issued specifically for one agreed action.

The car owner has the right to issue a power of attorney to any person who has reached the age of majority and is legally capable. In this case, the power of attorney itself must be properly executed.

Who composes?

Both parties are involved in drawing up the text of the power of attorney for deregistration of the car: in fact, the principal himself and his authorized representative.

How to prepare a document?

Important! Usually a power of attorney is written by hand, although it is quite acceptable to print it on a special form. The text of the document must reflect its title and indicate the date of preparation (without a date, a power of attorney is considered invalid).

The text also contains information about the owner of the car, which includes full name, passport details and registration address; the same information is indicated regarding the authorized person.

The power of attorney is required to include information about the basic parameters of the vehicle, this includes:

brand;
model;
numbers of main components;
as well as information about when the owner received the car’s passport.

An important point of the document is the definition of the boundaries of the actions of the trustee. For example, the principal only allows him to deregister the vehicle. This means that upon fulfillment of this function, the rights of the principal to this car end.

At the bottom of the document it is noted what date and by whom the document was issued, as well as the place of its preparation - for example, Moscow or Omsk. The principal and his authorized representative put their signatures below and make transcripts of them. If the second party is a legal entity, its details are required, and in addition to the signature of the company director, a company seal is affixed.

The power of attorney must not contain errors, typos, blots or inaccuracies. For a handwritten document, only one pen should be used for the entire document. The ink color should be dark blue. Black or red colors are not allowed. The power of attorney itself is drawn up in two copies.

It is possible to issue a power of attorney electronically. It is certified via a digital signature. In this case, the user must have it.

As noted above, a power of attorney can be issued to both an individual and a legal entity. Drawing up a power of attorney, depending on each of these types, has its own characteristics. Let's list them.

The power of attorney of an individual must indicate:

date and place;
vehicle data (ID, engine model, registration numbers, etc.);
data of the principal;
data of the authorized person;
validity period of the power of attorney;
signature of the principal;
Full name of the principal.

Reference! If the car is the property of a company, then only its head has the right to remove it from the register without a power of attorney.

In order for a company employee to represent its interests in the traffic police, he is issued a power of attorney, which indicates:

date and place of document preparation;
data of the principal, that is, the name of the organization, details, address of location, passport details of the director, the full name of his position (president, director, etc.), as well as on the basis of what documents he acts;
details of the authorized person (his position in the company, as well as passport details are also indicated);
specific actions for which a power of attorney is issued;
the place of these actions, for example: traffic police;
details of the car that is being deregistered;
validity period of the document;
signature and seal (although this is not a mandatory requirement now).

Contacting a notary

Currently, it is not mandatory to have a power of attorney certified by a notary. Therefore, if an employee of the State Traffic Inspectorate insists on this, he goes beyond his powers. It's worth keeping this in mind.

However, if you sell a car with further paperwork for the new owner, you will still have to visit a notary. A notary is also required to issue a general power of attorney.

For example, a car owner wants to avoid the hassle of selling a car. Then he issues a general power of attorney to the new owner, having previously received money from him for the car. You can draw up this power of attorney yourself or at a notary office.

Approximate prices:

certification of any type of power of attorney will cost an average of 400-600 rubles;
drawing up a power of attorney for individuals – 800 rubles;
drawing up a power of attorney for legal entities – 1200 rubles.

Prices may vary slightly depending on the region. In Moscow and St. Petersburg they will be higher.

For how long are powers transferred?

Attention! According to the law, the validity period of a power of attorney if the principal does not make any notes in the document is 1 year.

However, it is important to know that a power of attorney can be issued for a different period, which is limited to 3 years. That is, the document can specify either 1.5 years or 2 years 7 months - any period up to 3 years. It is up to the principal to decide based on the purposes for which this power of attorney is being prepared.

After selling a car, the former owner should make sure that it is deregistered with the traffic police. Where you can find out whether a car has been deregistered by the traffic police and how to check it, as well as other details about deregistration of a vehicle, we have prepared in our articles.

Do I need to notarize a power of attorney?

We have already considered the question of whether it is possible to deregister a car using a general power of attorney. Now is the time to move on to another interesting question about the need to legalize a certificate from a lawyer. After all, such a procedure requires additional funds, and therefore many drivers want to save on it.

But from the point of view of the law, such a possibility is completely absent, since a form drawn up in accordance with all the rules will not become valid without the signature of a special representative. This means that the guarantor, in case of failure to comply with these powers, will not bear any responsibility.

Based on this, it turns out that simply downloading a contract from the Internet and filling it out in accordance with the generally accepted template is not enough. If notarization is ignored, both parties may face serious problems, which are not always limited to a fine or loss of a driver's license.