Court
An individual’s authority is normally notarised or certified as federal law permits.
Express powers
Filing, withdrawal, admission, settlement and appeal powers must be stated expressly.
Assets
A power of attorney does not transfer ownership; transactions remain reviewable.
Termination
Check the date, procedure, revocation and any substitution.
Authority matrix
| Use | Required wording | Main risk |
|---|---|---|
| Court representation | Conduct of the case and express Article 62 powers | The court rejects an act not expressly authorised |
| Receiving documents | Filing, obtaining records and inspecting the case | Representation does not replace the debtor’s disclosure duties |
| Bank accounts | Defined operations and limits | During realisation the financial administrator controls estate property |
| Property or vehicle | Object, transaction, receipt of price and registration | The deal may be challenged even if authority was formally valid |
| Substitution | Express substitution power and new representative | Substitution ends with the principal authority |
Pre-filing review
Collect every instrument
Obtain the original or copy, notary details and substitutions.
Classify the purpose
Separate litigation, correspondence, banking and asset transactions.
Check express authority
Compare the wording with Commercial Procedure Code Article 62.
Test termination
Review expiry, revocation, refusal, death, status and the introduced procedure.
Disclose completed acts
Provide contracts, acceptance records, statements and evidence of price receipt.
Avoid circumvention
Do not use a representative to bypass the estate-control regime.
When authority ends
Civil Code Article 188 lists expiry, revocation, refusal, termination of an entity, death and other grounds. Its bankruptcy ground is not any mention of insolvency: the relevant procedure must remove the person’s independent power to issue authority. The date and terms of the court order therefore matter.
During asset realisation, the debtor cannot personally dispose of estate assets; the financial administrator uses the statutory mechanism. An old instrument cannot lawfully bypass it.
Commercial-court powers
Article 61 governs proof of authority. Article 62 requires express wording for signing an application or response, withdrawing or admitting claims, changing their basis or subject, settlement, substitution and appeal. A generic phrase may not cover these acts.
Express bankruptcy authority: wording and checks
This new section was checked on 24 October 2026 against Insolvency Law Article 36, paragraph 44 of Plenum Resolution No. 35 and Commercial Procedure Code Article 62.
General authority to conduct commercial-court litigation is insufficient for conducting a bankruptcy case: authority for bankruptcy proceedings must be expressly specified. Separately check authority to sign the application declaring a debtor bankrupt and to vote on a settlement. The latter is not replaced merely by a power to conclude a settlement in ordinary litigation.
✍️ Illustrative wording to discuss with a notary
“Represent my interests in conducting bankruptcy proceedings concerning [debtor and identifiers; case number if assigned] before commercial courts, inspect the file, submit evidence and obtain copies of judicial acts.”
Separately list only agreed acts: signing and filing an application declaring the debtor bankrupt; appealing judicial acts; voting on a settlement; other necessary special powers under Article 62. Withdrawal of claims, receipt of money, substitution and settlement powers should not be added automatically. This is an English explanation of an illustrative outline, not an executable Russian notarial instrument. Check form and scope for the principal, role and task.
Hypothetical example. A creditor instructs a lawyer only to lodge a registry claim: first check the Articles 71/100 exception and authority to sign a statement of claim. If the same lawyer is to initiate bankruptcy, separately check express authority to sign that application. Authority for the first act does not establish authority for the second.
Before filing, make a list of the proposed act, exact wording and supporting instrument. Check issue date, expiry and termination, then attach proper evidence of authority. Paragraph 44 permits later approval of a procedural act by a duly authorised person, but this should not replace correcting the instrument before filing. Approval does not itself restore a missed deadline.
Sources: Article 36; Plenum No. 35, paragraph 44; Article 62.
Frequently asked questions
Must an individual’s authority be notarised?
For Russian commercial-court proceedings it is notarised or certified in another form expressly permitted by federal law.
May a representative file the bankruptcy application?
Yes, if signing and filing are expressly authorised and procedural requirements are met.
Is the document itself estate property?
No. It records authority; the principal remains owner of the asset.
Is every authorised transaction invalid?
No. Timing, price, payment, relationships and creditor harm are assessed under the relevant ground.
Should an unused instrument be concealed?
No. Disclose it and evidence that no acts were completed.
Primary sources
- Civil Code Article 188
- Commercial Procedure Code Article 61
- Commercial Procedure Code Article 62
- Insolvency Law Article 213.11
- Insolvency Law Article 213.25
Related guides
Remote participation · Transaction challenges · Personal-bankruptcy process
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