A power of attorney is a written authority that lets one person act for another before third parties. In Russia, some powers of attorney must be notarised, while others may be issued in a simpler form. The required form depends on the action the representative will take.
Short answer. A notarised power of attorney is required, among other cases, where the authority concerns a transaction that itself requires notarisation, an application for state registration of rights or transactions, or disposal of rights recorded in state registers. The wording should match the intended action.
Start with the exact authority needed
Do not use a generic list of powers without checking the purpose. Describe the principal, the representative and the actions being authorised. For a real-estate transaction, banking action, court representation or corporate matter, the document may need different wording and supporting documents.
When notarisation is required
Article 185.1 of the Civil Code identifies situations in which a power of attorney must be notarised. This includes authority to carry out transactions requiring a notarial form, to file applications for state registration of rights or transactions, and to dispose of registered rights. Other laws can impose additional requirements for a particular process.
What the notary checks
The notary performs the notarial act under the legislation on notaries. The procedure includes identification and a legal review of the submitted documents and information. The notary may need to clarify the intended authority and the capacity in which a person acts. Prepare identity documents and information that accurately identifies the representative and the purpose of the power.
Duration, revocation and verification
A power of attorney can be revoked by the principal. The effect of a revocation, notice to relevant persons and verification of notarial details require attention in the circumstances of the particular case. Before acting on a document, check whether it remains valid and whether a change has been recorded in the applicable notarial information system.
Do not confuse this with a court power of attorney
A power of attorney for a court case must also reflect the procedural powers needed in that case. The appropriate document depends on who grants it, who represents the party and the court involved.
Read the separate guide to a power of attorney for a Russian court case.
Official sources
- Civil Code of the Russian Federation, including Article 185.1
- Fundamentals of the Russian Federation Legislation on Notaries
- Notarial information system: power-of-attorney information
Need to assess a power of attorney before a transaction or legal proceeding?