Power of attorney for the right to drive a car from a legal entity in 2021: sample power of attorney

Companies do not always know when a power of attorney for a car from a legal entity is required. The law does not oblige you to draw up a document if a car is being moved. However, paper may be required in a number of situations. In this article we will talk about when a power of attorney form for a car, filled out in accordance with all the rules, is required, what information should be reflected in it, and how to draw up the document correctly.

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Why do you need a power of attorney to drive a car?

The right to drive itself is transferred to the driver on the basis of the data specified in the MTPL insurance policy, but the functions of the power of attorney have expanded powers. Transfer of a car by power of attorney on behalf of a legal entity applies under the following circumstances:

if necessary, represent the interests of the owner in certain moments specified in the document;
carry out car repairs;
undergo technical inspection;
respond in case of an accident;
cross the border of the country, etc.

If the organization does not assign functions other than driving a car to the driver, then it is enough for him to have with him:

driver's license;
vehicle registration certificate;
MTPL policy with the driver’s data entered in the appropriate fields.

Penalties

Having a power of attorney is not always a mandatory requirement when it comes to simply driving a car. The main thing is that the driver is included in the insurance policy.

Attention! If a violation is discovered during the inspection, the State Traffic Inspectorate employee has the right not only to issue a fine, but also to take the vehicle to the impound lot. In this case, in order for the car not to be towed, the owner himself must come.

A sample power of attorney to an insurance company from a legal entity is available on the website of such organizations as Alfastrakhovanie, Ingosstrakh, Reso, VSK, Sogaz.

If the car owner entrusts the purchase of an insurance policy to a third party, then this must be documented. A similar rule applies to the operation of the machine. The paper must be prepared in accordance with the standards and include all the basic points.

When answering the question of whether a power of attorney is needed to drive a car if it is included in the compulsory motor liability insurance policy, one can answer in the negative, since this rule is established at the legislative level.

Types of powers of attorney and their differences

According to their purpose and list of powers, there are three types of power of attorney:

One-time . It is drawn up in simple written form without notarization. Grants the right to a specific person to perform a certain action, for example, to drive a car.
Special . Issued for an extended list of actions when, on behalf of a legal entity, an authorized person is entrusted with performing operations related to vehicle registration, deregistration, and others, the list of which is listed in the power of attorney. In most cases, it requires notarization.
General . An extremely unpopular type of document, since they transfer all powers regarding the movable property of the organization. A person who has a general power of attorney can dispose of the car at any time, up to and including its sale. Therefore, the head of a legal entity prefers to issue a special power of attorney, which will limit the citizen’s rights to a strict list of actions.

An organization can draw up a trust document on a regular piece of paper or letterhead. In any case, it will have legal force and can be presented to the police inspector at his request.

In what cases do you need to apply?

The need to issue a power of attorney arises when the head of an institution is busy, on a business trip, does not have a driver’s license, or it is necessary for a representative of the organization to not only deliver the car to the city in which the vehicle will be used, but also register it with the road inspectorate and enter into a rental agreement , cleared customs for a car brought from abroad, and took out insurance. A document giving the attorney the opportunity to drive a vehicle may provide the right to only a one-time action, for example, to purchase a car or drive it.

A special power of attorney may be needed in a situation where the authorized person needs to perform several actions to carry out the principal’s instructions:

Prepare documents for registering the vehicle with the traffic police.
Drive the car from abroad and clear customs along the way.
If it was purchased in another city, take out insurance, and only then hit the road.

A general power of attorney involves the transfer of the right to manage property. For example, in order to deliver a vehicle purchased in another locality, the attorney will need to formalize a purchase and sale transaction, register the car with the State Traffic Inspectorate and drive it to the city where the new owner lives.

How to issue a power of attorney to move a car?

Like any other power of attorney, a document that allows an attorney to drive a car instead of a principal can be drawn up, depending on the list of delegated powers, in simple or notarial form and must contain the following information:

The name, the date of its signing, written in words, and the name of the city where the power of attorney to move the car on behalf of the legal entity was issued.
Details of the organization for which the car is purchased and delivered, full name, passport details, place of registration and position of its representative, the basis giving him the right to act on behalf of the organization.
Information about the authorized person, which also includes his full name, passport data and information about registration at the place of residence.
Make, year of manufacture, engine, body and chassis numbers, state registration number, VIN, car color and data from the vehicle registration certificate such as series and number, name of the organization that issued the document, date of issue.
Where exactly should the attorney receive the car and where to deliver it.
The rights and obligations that the represented transfers to the representative.
Duration of the power of attorney and the possibility of substitution.
Signatures of the parties with transcripts and seal of the principal organization.

In order for a representative to be able to act not only as a driver driving a vehicle on your behalf, but also to purchase and register it for you, receive the car he bought and clear it through customs, he must be allowed not only to sit behind the wheel. He must be able to perform the actions necessary for customs clearance, deregistration of the car with the traffic police and subsequent registration. To complete the paperwork, the attorney will need the authority to sign, present, and receive documents.

He should be able to pay on behalf of the owner of the vehicle state duties (they will have to be paid upon purchase and registration), fuel and other consumables that may be required during the haul. He must also have the right to obtain and hand over license plates, present the car for inspection to traffic police officers, obtain a registration certificate and take out insurance, and represent the interests of the car owner at traffic police departments along the route.

For the security of the principal, in the text of the document transferring authority to purchase and deliver the car, it is also necessary to stipulate the absence of the right to sell it.

How to assure?

Like any power of attorney, a document with the help of which the represented person transfers to the attorney the right to get behind the wheel and carry out the necessary registration operations, usually drawn up on the letterhead of a legal entity, certified by the signature of the citizen representing the organization, and the seal of this organization. If, according to the constituent document, there are several persons performing actions on behalf of the company, each of them must sign the power of attorney.

A document giving the right to register and dispose of a car, to formalize a purchase and sale transaction in another country and after that to deliver the car to the principal will be valid only if notarized. Without certification of authority by a notary, it will not be possible to import a car into Russia. His signature is a guarantee that the rights and responsibilities were transferred voluntarily by a person of sound mind and good memory.

When does a power of attorney expire?

A document delegating authority can be issued for any period. If the validity period is not specified in it, it will be valid for one year from the date of issue. A power of attorney giving the right to complete a purchase and sale transaction, register and drive a car becomes void in the following cases:

The principal ceased to exist as a legal entity.
The attorney changed his place of work (if the authorization was certified by the organization).
The representative does not have a driver's license.
The represented person revoked the power of attorney.
The information about the vehicle or the parties that signed the authorization has changed in the document.

A power of attorney issued for the purchase of a car abroad and its subsequent transportation will be valid outside of Russia until the represented person revokes it.

Attention! A document transferring authority is considered invalid from the very moment of execution if it does not contain the date of execution.

Filling out the power of attorney point by point

Document preparation begins with the preparation of original documents. All data in the power of attorney must strictly comply with the information from the following documents:

charter papers of a legal entity (vehicle owner);
TIN and OGRN of the organization (vehicle owner);
identification card of the individual for whom the power of attorney is issued;
technical passport for the car;
registration certificate of vehicle registration.

The following items must be completed in the trust document:

Place of registration (indicate the name of the locality).
Date of execution of the document in words. According to Article 186 of the Civil Code, a power of attorney without this date is considered void.
Information about the organization and its leader, as well as data from the document on the basis of which it operates.
Vehicle data indicating all required characteristics and identification numbers.
Information about the registration certificate (series, number, date of issue).
Personal data of the authorized person in strict accordance with the identity document.
List of powers vested in the trustee within the framework of this document.
Validity period in words.
The possibility of reassignment is indicated (permissible only if there is such a right in the initial power of attorney).
Signature of the head of the organization indicating his position and decoding of the signature.
The document should be sealed if the legal entity has one.

An approximate list of the most common actions that are permissible to perform under a power of attorney is as follows:

driving;
carrying out registration actions in relation to the car;
concluding a compulsory motor liability insurance agreement with the selected insurance company;
possibility of driving a car across the country;
the right to pick up a vehicle from the impound lot;
representation in court in cases related to road accidents, etc.

You should strictly adhere to the points of the document without abbreviating them.

A vehicle may belong to several legal entities. In this case, the details of all of them are indicated and the power of attorney is certified by the signatures of the heads of each of the organizations.

Notarization is not required if the document is not a general power of attorney.

How to write?

For transportation by tow truck

Calling a tow truck if your car breaks down is usually not difficult. Another thing is providing all the required documents to the evacuation service. Otherwise, you may be denied transportation of the car.

You will need:

Driver's license.
Vehicle registration certificate.
Power of attorney to drive a car (if the owner of the car is not present).

If you have a power of attorney to drive a car, which contains an indication that such an authorized person has the right to transport the vehicle, then, as a rule, a separate document for the transportation of the car is not issued.

However, according to changes in the traffic rules, which came into force on November 24, 2012, currently the fact confirming the right of an authorized person to drive a car is its inclusion in the insurance policy.

Reference! If neither the owner of the vehicle nor his attorney can accompany the vehicle during transportation, then the power of attorney is issued to the tow truck driver.

Sometimes other documents may be needed for transportation:

Inventory of damage (car acceptance certificate). Issued when transporting a car after an accident. The inventory records existing damage to the vehicle in order to avoid possible misunderstandings or disagreements between the owner of the car (trusted representative) and the towing service regarding defects and damage to the vehicle.
Documents for the vehicle. If the driver cannot accompany the car, he must hand over the documents for the car to the towing service, indicate the destination address, as well as information about the person accepting the car, including indicating the contact phone number of this person.

Fill out the power of attorney for evacuation on a special form, which is issued by the evacuation service employees on site.

To the stage

As stated above, it is not necessary to issue a power of attorney to drive a vehicle.

However, if you purchase a car in another country and, if necessary, cross the borders of the Russian Federation with it, you will still have to issue a document to transport the vehicle. About what powers of attorney are needed abroad and to cross customs is written here.

When crossing the border, the paper must be certified by a notary (how much will it cost?).

Instructions for writing a power of attorney when evacuating and moving a car:

Enter the city and date.
The city of Voronezh, the twenty-fifth of May two thousand and sixteen.
Write down detailed information about the owner of the vehicle: full name, place of residence, series and number of the passport, by whom and when the passport was issued.
Mikheev Alexander Vladimirovich, living at the address in Voronezh, st. Kirova, 17, apt. 56. Passport series 7859 series 263897, issued by the department of the Federal Tax Service of Russia for the Voronezh region in the Leninsky district of Voronezh, date of issue: 02.02.2010, department code: 360-007.
Provide detailed information about the vehicle: make and model, identification number, year of manufacture, series and vehicle passport number, etc.
Make: Hyundai, model: Solaris, state. number: У158УК, VIN: Z94CU41CBBR213760, year of manufacture: 2014, engine No.: 589645, chassis No.: 0512569, body No. Z94CU41CBBR213760, color: blue.
Vehicle passport series: 85TX number: 875699
Vehicle registration certificate series: 36 XP number: 785965
Issued by the Voronezh Region State Traffic Safety Inspectorate on May 07, 2021.
Write information about the authorized person. When evacuating a car, this is the tow truck driver ; when driving - the person who will transport the vehicle.
Stepanov Vadim Viktorovich, living at the address in Voronezh, st. Koltsovskaya, 29a, apt. 126. Passport series 7698 series 2589, issued by the department of the Federal Tax Service of Russia for the Voronezh region in the Leninsky district of Voronezh, date of issue: 07/06/2007, department code: 360-007.
Write down the settlements from and where the vehicle will be transported (in the power of attorney for moving the car).
From Smolensk, Churilovsky lane, 1a to Voronezh, st. Kirova, 17.
The actions that the authorized person can perform are indicated.
This power of attorney for evacuation gives Vadim Viktorovich Stepanov the right to:
Transport the specified vehicle to its destination.
Specify the period for which the document is issued.
The power of attorney is valid until the twenty-fifth of May two thousand and seventeen. Without the right of subrogation.
Put the date and signature with the transcript.
May 25, 2021. Mikheev Alexander Vladimirovich.

Nuances

Under constant circumstances, the power of attorney is valid for the entire period specified in it or for a one-year calendar period. But there are a number of reasons when it loses its legal force ahead of schedule:

refusal of a trusted person to use the car or his dismissal if he is an employee of the organization, as well as his death or recognition as missing;
revocation of the document by the owner of the vehicle;
termination of the existence of the organization that owns the car as a legal entity;
changing the passport details of the authorized person;
information about the vehicle has changed, etc.

Driving a vehicle without authority vested in ownership or a power of attorney is a violation of the law. Therefore, it is necessary for a legal entity to register it in order to avoid problems with law enforcement agencies.

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Execution of a document from a legal entity

There are situations when approval of a power of attorney is required for the transportation of a company-owned vehicle. Most often, a document is drawn up for an employee of the organization, for example, a driver, but it can also be a third party.

IMPORTANT! A executed power of attorney from a legal entity must be notarized in order to avoid possible problems and disagreements with law enforcement agencies.

There are few differences between a power of attorney from a legal entity and an individual.

In a power of attorney for a legal entity, an organization acts as the owner of the car, so it is necessary to indicate information such as the name of the organization, position and full name of the person representing the company. Other information regarding the authorized person and the vehicle remains unchanged.

Power of attorney to drive a car from an individual

An authorization from an individual can be drawn up in the usual written and notarial form. It all depends on the purpose for which the document is drawn up. If the attorney has the right to sign the contract for the sale and purchase of a vehicle, register it with the State Traffic Safety Inspectorate, or perform any other actions requiring state registration, the power of attorney must be certified by a notary. In all other cases, in order for your authorized representative to act on your behalf, it is enough to write the text of the document by hand or fill out a form downloaded from the Internet.

If we consider moving a car as an opportunity to drive it, then in many cases there is no need to issue a power of attorney. It is enough to simply include the person you trust to drive your car in your car insurance. However, we should not forget that any actions with a car related to its disposal or its registration with government agencies require notarization of the attorney’s right to perform them.