Sample power of attorney for representation at an insurance company. How to draw up a power of attorney for an insurance company from a legal entity (sample)? Do you need a power of attorney if a person is included in the insurance?

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220 07/29/2019 5 min.

A power of attorney issued to represent interests in an insurance company is needed in cases where a person is temporarily unable to do this himself. Any individual or legal entity chosen by the policyholder can become a representative of interests. The document is issued for various operations under personal, property and compulsory insurance contracts. In the case of auto insurance, it is intended for the legal operation of the vehicle.

What it is

A power of attorney for an insurance company confirms the authority of someone to carry out activities on behalf of the beneficiary. When an insured event occurs, it is the trusted person who voluntarily carries out all the actions necessary in this case. With the help of a power of attorney, they are entrusted with carrying out any business, financial transactions, or signing documents. A limited power of attorney is issued for a period of no more than three years. A document with an unlimited period is valid for only 1 year.

The rules and nuances of drawing up a power of attorney are regulated by the Civil Code of the Russian Federation.

According to the validity period, the power of attorney can be:

  • one-time (for one specific case);
  • special (designed to perform monotonous actions for a long time);
  • general (the maximum range of rights granted to the attorney).


The principal independently determines how much power he grants to the authorized person. A power of attorney is a complex legal document. It must be completed in accordance with all the rules. May be invalidated if:

  • expired;
  • the document is revoked by the principal;
  • the beneficiary has become incapacitated;
  • the policyholder has died;
  • the guarantor dies or becomes incapacitated.

If a legal entity becomes the policyholder or guarantor, the reason for canceling the power of attorney is its liquidation.

If a power of attorney is issued for a car, then after the death of the owner, the right to dispose of it passes to the heirs.

Why is it needed?

A power of attorney to represent the interests of the policyholder will be needed in 2 main cases:

  • the policyholder is temporarily unable to do this in person (illness, serious injury, being in another city or country);
  • for any other reasons there is a need to temporarily transfer authority to another person.

Most often, a power of attorney is issued to perform the following actions:

  • registration, signing of documents and completion of other formalities;
  • receiving insurance compensation;
  • management of insurance operations.

Example of a power of attorney for the right to sign documents

For car insurance, a power of attorney is issued for the operation of a car or for other assignments. A popular power of attorney is for representing interests after an accident.

Is it possible to insure a car without the owner?

The principal determines not only the list, but also the scope of powers.

A power of attorney allows you to receive the following benefits:

  • speed of implementation of necessary formalities;
  • the ability to entrust the solution of property problems to a trusted person;
  • the trustee has the right to temporarily use property rights (by agreement with the trustee).

It is worth considering the disadvantages of transferring the rights of the policyholder to another person:

  • if the power of attorney is lost or expired, the right to carry out the principal’s instructions is lost (a new document will need to be drawn up);
  • If the property is seized, it will be taken from the attorney.

There is a risk of unlawful disposal of entrusted property or financial resources. If they are used for criminal purposes, the owner will be affected. He will need to prove in the future that he was not involved in the offense.

Decor

There are 2 main options for registering powers of attorney:

  • handwritten (drawn up on a new sheet of paper without prior marking by the principal);
  • on a special form.

Most often, the document is certified by a notary, with the payment of a state fee. But this is not necessary in accordance with the Civil Code of the Russian Federation. The power of attorney is also certified by:

  • local government official;
  • embassy or consulate employee (for foreign citizens).

For an individual, a power of attorney is certified only by signature. Legal entities certify the document with a seal.

Documentation

To issue a power of attorney, a private person will need the following list of documents:

  • principal's passport;
  • passport details of the authorized person;
  • title documents for entrusted property.

To issue a power of attorney for a car, you must provide the principal’s passport, driver’s license, transport documents and a diagnostic card

In order not to frequently re-issue a power of attorney for a legal entity, it is recommended to issue an unlimited type of compulsory motor liability insurance.

Drawing up from a legal entity

If the principal is a legal entity, you will need the following list of documents:

  • name of the company (organization);
  • tax code;
  • registration number;
  • registration date and responsible person;
  • address;
  • passport details of the principal and the authorized representative.

The registration procedure is standard and is carried out directly at the insurance company.

The power of attorney is certified by the seal of the enterprise. The signatures of the manager and the person authorized to sign the constituent documents are placed under it.

You will need a power of attorney for car insurance:

  • to represent the interests of the transport owner;
  • when registering a car;
  • when you need to re-register compulsory motor liability insurance (you will need a one-time power of attorney);
  • carrying out various financial transactions.

You can re-register compulsory motor liability insurance with a power of attorney

The power of attorney may include the authority to undergo the next technical inspection.

How to register a new driver

If the power of attorney is issued for limited compulsory motor liability insurance, you may need to include the new driver in the insurance. To do this, you will need to provide the insurance company with the following documents:

  • application for registration of an additional driver;
  • new driver's driver's license;
  • valid policy.

Additionally, you will need passports of the car owner and driver.

A package of documents is submitted to the insurance company where the policy was purchased.

Video

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Samples of powers of attorney to an insurance company from a legal entity to an individual

ATTENTION! Look at the completed sample power of attorney to an insurance company from a legal entity:

You can DOWNLOAD samples of powers of attorney to an insurance company from a legal entity using the links below:

How to draw up a document correctly

The mechanism for creating a power of attorney for representation in an insurance company by a legal entity is a standard procedure for substitution. The principal must indicate the place and date of drawing up the power of attorney, the name of the company that needs representation, as well as a list of powers.

Please note! The “parties” section contains the following information:

  • Business name;
  • taxpayer identification number;
  • main state registration number, date of registration actions and official;
  • organization address;
  • passport information (full name, date of birth, document number, series, date of receipt, mark of place of residence).

Current legislation states that a power of attorney for the right to represent interests in an insurance company, which was issued by a legal entity, must be certified by the seal of the organization and signed by the following persons:

  • head of the company;
  • a person who is authorized to sign a power of attorney with the current constituent documents.

Why do you need a power of attorney?

From a legal point of view, a power of attorney is an official document created according to a standard template, giving the right to represent the interests of the company with the insurer.

The document must certainly be drawn up in accordance with generally accepted standards. If any requirements are not met, the power of attorney will become invalid, and the insurance organization has the right to refuse to fulfill its own obligations.

Such a document provides the company representative with certain powers:

  • register the vehicle with the Main Directorate for Road Safety;
  • deregister the vehicle;
  • undergo technical inspection;
  • sell a vehicle;
  • return the vehicle from the impound lot;
  • travel outside the Russian Federation;
  • take out a compulsory motor liability insurance policy, as well as receive insurance money in the event of the absence of the car owner;
  • submit documents to the insurance company in case of an accident in case of a short registration period.

As a rule, a document is created to represent interests in an insurance institution in the event of an accident.

In this case, the representative has the right to take the following actions:

  • submit documents;
  • agree on the date for the inspection of the vehicle involved in the accident;
  • give explanations;
  • sign the inspection report.

Based on the document, the representative may demand payment of compensation.

Watch the video. Pre-trial settlement of disputes with the insurance company:

Who can apply

Which employee has the right to create a power of attorney depends on the structure of the company.

The head of the organization can appoint an employee who is responsible for preparing such a document.

Most often, the creation of powers of attorney in organizations is carried out by the legal department or in-house lawyer. In some companies, such actions are taken by the office manager.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Who certifies the document?

Most often, a power of attorney is certified by a notary. The entire procedure is handled by an employee, and the company representative is required to pay a state fee. However, the law does not establish notarization for representing the interests of an organization in an insurance institution. If the power of attorney is not certified by a notary, the head of the company can perform this action.

Insurance companies often require a power of attorney certified by a notary to represent the interests of the organization with specified powers to sign documents and receive insurance compensation.

Who can be a representative

A representative of a legal entity can be an employee who drives a car for the organization. In this case, this employee should be included in the MTPL policy with a note that the employee is allowed to drive a vehicle.

If it is not clear in advance who will drive the vehicle, you need to make an entry in the insurance policy that you can drive the car without restrictions.

What is the validity period of the power of attorney?

The document can be issued for any period. It is important to remember that if the validity period has not been fixed, the power of attorney is valid for a year from the date of creation (Article 186 of the Civil Code of the Russian Federation).

Possible mistakes

The power of attorney for an insurance organization does not need to include powers for representation in judicial authorities, even if a judicial dispute concerns such a situation. Still, a power of attorney to the court is a separate type of document.

You should not write the position of the representative in place of passport information, for example: “Issued to Sergei Petrovich Sidorov, legal consultant of Chance LLC.” Such an action would be a serious mistake. Passport information needs to be written down, but the position does not play a serious role.

The power of attorney should not be general, that is, “issued for relations with an insurance organization.” There must certainly be a reference to a specific insured event.

In order for the document to have legal force and the insurer not to doubt its authenticity, the power of attorney is issued by a notary, in the presence of two parties: the owner of the car and the attorney. The text contains the following information:

  • name of the act, date and place of execution;
  • Full name of the authorized person, passport details;
  • initials of the principal;
  • subject of the transaction (description of the entrusted action);
  • detailed description of the car;
  • insurance policy number, name of the insurance company;
  • amount of payment;
  • a list of powers transferred to the representative of the car owner;
  • list of title documents;
  • consent of the attorney;
  • signatures of the parties, notary visa.

Due to the fact that a power of attorney to represent interests in an insurance company is drawn up in free form, neither the legislator nor insurance companies have strict requirements for the form of such a power of attorney. In this regard, it is possible to use almost any form found on the Internet.

  1. So on the SK website "Renaissance Insurance" In the “Forms and Sample Documents” section you can find both samples of powers of attorney and various types of statements.
  2. On the website of Ingosstrakh-M Insurance Company in the section “Samples and Forms of Documents”, you can also find a collective power of attorney.

A power of attorney to represent interests in an insurance company must contain (in order):

  • date of execution of the power of attorney;
  • place of execution of the power of attorney;
  • name of the principal;
  • name of the attorney;
  • list of sane powers;
  • validity period of the power of attorney;
  • the presence or absence of the right of subrogation;
  • signature of the principal.

How to apply for representation of interests in Rosgosstrakh?

As an example, consider the power of attorney in the Rosgosstrakh insurance company to represent the interests of the principal in connection with the occurrence of such an insured event as an accident.

  1. In the header you must indicate the name of the document “Power of Attorney” and, if necessary, the serial number. Next, you should indicate the date the power of attorney was made.

    A power of attorney that does not indicate the date of its execution is void (clause 2 Art. 186 of the Civil Code of the Russian Federation). This means that an undated power of attorney has no legal force.

  2. As the place of execution, reflect the city in which the power of attorney is issued, for example, “Syktyvkar”.
  3. When entering the details of the principal and attorney, use the principle of maximum identification.

    Because in the case under consideration, the principal is an individual, then it is necessary to indicate the full name, series and number of the passport, date of issue of the passport and issuing authority.

    Example: “Citizen Zabeyvorota Sergey Ivanovich, hereinafter referred to as the Principal, passport series XXXX number XXXXXXX, issued XX.XX.XXXX years by the Federal Migration Service of Russia for the Sovetsky district of the city of Labytnangi, authorizes citizen Shmalko Mikhail Ivanovich, hereinafter referred to as the Attorney, passport series XXXX number XXXXXXX, issued XX.XX.XXXX years by the Department of the Ministry of Internal Affairs of Russia for the New District of Starinsk, to represent the interests of the Principal in PJSC IC "Rosgosstrakh" with the right to perform the following actions:...".

    Below you can download a form and sample power of attorney in case of an accident to an insurance company to represent interests from an individual to an individual.

    In the event that the attorney is a legal entity, after the words "authorizes" should be indicated: “... Insurance Representative LLC (TIN XXXXXXXXX), represented by General Director Yakov Fridmanovich Manuylov, acting on the basis of the Charter, represent the interests of the Principal in PJSC IC Rosgosstrakh with the right to perform the following actions:...".

  4. When describing the powers provided, remember that the most detailed description will avoid misunderstandings with the insurance company employees.

    Example: “to represent the interests of the Principal in PJSC IC Rosgosstrakh on all issues related to the consideration of an insured event that occurred within the framework of insurance policy No. XXXX, with the right to receive, submit documents and statements, sign such documents and statements, certify copies of documents, make claims, receive property, incl. monetary and non-property compensation, as well as perform other actions necessary for the proper execution of this instruction.”

  5. After this, you must indicate the validity period of the power of attorney and the right of substitution.

    Note! A power of attorney that does not indicate a validity period is considered valid for one year from the date of its execution (Clause 1 of Article 186 of the Civil Code of the Russian Federation).

    Example: “This power of attorney has been issued for a period of one year from the date of its execution, without the right of delegation to other persons.” If the right of subrogation is necessary, please indicate: “...with the right of delegation to other persons.”

  6. At the very end, indicate the Last Name of I.O. The principal and provide a place for signature.

    Example: "Baygate S.I.___________________________."

When preparing the document, it is important not to forget to indicate the following information:

  • Date of document preparation;
  • Name of the city in which the document was drawn up;
  • Information about the principal: full name, place of residence, passport details, TIN;
  • Representative information;
  • Powers of the representative. Among them the following can be noted:
    • Signing an insurance contract;
    • Submitting claims and other statements to insurance;
    • Negotiations with the insurance company;
    • Conducting examinations and other studies;
    • Receiving insurance payment;
  • Signature of the principal, his representative, and the notary.


Anti-insurance – standard block

The validity period of the power of attorney is established by the person who draws up this document. In other words, a power of attorney can be valid for several days or several years.

If this is not done, the power of attorney retains its legal force.

The power of attorney states that it was issued to represent the interests of the organization in inspecting and determining the cost of damage to the car, indicating its make (model), state license plate and owner details.

Such powers of attorney are signed by the heads and chief accountants of organizations. They are subject to special accounting in accounting. The power of attorney must indicate its validity period and registration number.

What rights do the plaintiff and defendant have when inspecting a damaged vehicle with the participation of an auto expert? Auto expert SAMUSEV V.I. When inspecting the damage, the defendant and the victim, their legal representatives have the right to make comments and statements related to the identification of damage, ask the auto expert questions, and demand clarification regarding technical terms and inspection methods.

The power of attorney must be issued no later than the date of filing the application for the insurance event. The scope of transferred powers is determined by the principal himself in the example of a power of attorney. Along with the general powers to draw up documents for compensation for damage caused, the principal can indicate in the power of attorney the right of the representative to receive insurance compensation.

Inspection of a damaged vehicle is carried out in the presence of:

  • a citizen claiming insurance payment to him (victim);
  • interested parties:
    • the driver who caused the harm;
    • other persons whose rights and legitimate interests are affected during the inspection and determination of the amount of harm (if there are such persons);
  • proxies of those who must be present during the inspection (if there are such persons);
  • representative of the insurance company (if necessary).

Many insurance companies refuse to work with authorized persons who have a document without certification by a notary. Open in .pdf format sample power of attorney for an insurance company If you have any questions about filling out a power of attorney to represent interests in an insurance company, ask us:

Who can be an attorney?

Executing a power of attorney to receive insurance compensation under compulsory motor liability insurance can be divided into 2 options: a power of attorney from an individual and a power of attorney from a legal entity.

In the case of powers of attorney from individuals, the policyholder must contact a notary and provide him with the following information:

  1. Full last name, first name and patronymic, date of birth, gender, passport series, passport number, authority that issued the passport and the date of issue of the policyholder’s passport.
  2. Identical data specified in the first paragraph for the person for whom a power of attorney is issued for the right to receive payment under compulsory motor liability insurance.
  3. A list of powers that are additionally vested in the recipient of the power of attorney, in addition to the right to receive insurance compensation.

The power of attorney must indicate the place of its issue and the date of its issue.

In the case of a power of attorney from a legal entity, this document is drawn up according to Form No. M-2, which does not require notarization of the document. The key data that is entered into such a document are:

After filling out the form, the document must be certified by the seal of the organization and the signatures of two persons:

  • head of the company;
  • a person who has the right to sign on constituent documents.

To understand the issue, it is necessary to specify the parties to the compulsory motor liability insurance agreement being drawn up:

  • vehicle owner - a citizen who, by right of ownership or other title document, owns this vehicle;
  • Insurer - an insurance company that, for a certain commission, assumes responsibility for motor vehicle liability insurance;
  • policyholder – a person who has entered into an insurance contract with the insurer.

According to the rules of compulsory motor liability insurance, the policyholder can be either the car owner or another person. Moreover, this person may have a general power of attorney to dispose of the car, or may simply be the driver driving it.

A citizen who has received the status of an insured subsequently has the right to make adjustments to the existing insurance - to add or remove drivers from the list of persons allowed to drive. Of course, not independently, but through the insurer. This applies to situations where the owner of the vehicle is an individual.

A power of attorney issued by an individual to represent his interests or to submit documents does not contain any features or differences from. In the first case, the principal will be a citizen or individual entrepreneur, in the second, a legal entity.

A citizen cannot have a seal, which means that such a power of attorney cannot have one. Individual entrepreneurs have the right to have a seal, however, this requirement is not mandatory, i.e. a power of attorney issued by an individual entrepreneur and without a seal has full legal force. At the same time, a power of attorney issued by a legal entity and not having a seal (although the company does have a seal) will be considered improperly executed.

Reference! A legal entity has the right not to have a seal. The issue of the presence of a seal is resolved in the charter of the legal entity.

When is it issued?

A power of attorney may be issued for the purpose of representing the following interests in the insurance company:

  • conclusion, termination, amendments to the insurance contract;
  • , transfer of documents, certification of their copies;
  • receiving insurance payments or paying insurance premiums;
  • representing the interests of the insured upon the occurrence of an insured event;
  • demonstration of the insured property.

Nuances for a legal entity being written out

If a power of attorney from an individual is issued not to another individual, but to a legal entity, is there a difference in content? In this case, there will be no differences in the powers and other details of the power of attorney, with the exception of the difference in the attorney himself.

It is necessary to take into account that in the case when the attorney is a legal entity, the power of attorney should indicate the employee of the legal entity who will actually carry out the actions of representation; this will significantly simplify the procedure, since if such an employee is not specified, then the legal entity will need to issue another one power of attorney.

Do I need to certify and how?

The legislation of the Russian Federation does not contain requirements for certification of powers of attorney provided to insurance companies (clause 1 of Article 185.1 of the Civil Code of the Russian Federation). Thus, Notarization of such a power of attorney is voluntary.

Note! Mandatory notarization is required by a power of attorney issued by way of subpoena (clause 3 of Article 187 of the Civil Code of the Russian Federation).

General drafting issues

Due to the fact that it is drawn up in free form, neither the legislator nor insurance companies have strict requirements for the form of such a power of attorney. Due to this, It is possible to use almost any form found on the Internet.

  1. Thus, on the website of IC "Renaissance Insurance" in the section "Forms and sample documents" you can find both samples of powers of attorney and various types of statements.
  2. On the website of Ingosstrakh-M Insurance Company in the section “Samples and Forms of Documents”, you can also find a collective power of attorney.

A power of attorney to represent interests in an insurance company must contain (in order):

  • date of execution of the power of attorney;
  • place of execution of the power of attorney;
  • name of the principal;
  • name of the attorney;
  • list of sane powers;
  • validity period of the power of attorney;
  • the presence or absence of the right of subrogation;
  • signature of the principal.

How to apply for representation of interests in Rosgosstrakh?

As an example, consider the power of attorney in the Rosgosstrakh insurance company to represent the interests of the principal in connection with the occurrence of such an insured event as an accident.

  1. The title of the document must be indicated in the header "Power of attorney" and, if necessary, a serial number. Next, you should indicate the date the power of attorney was made.

    A power of attorney that does not indicate the date of its execution is void (Clause 2 of Article 186 of the Civil Code of the Russian Federation). This means that an undated power of attorney has no legal force.

  2. As the place of execution, reflect the city in which the power of attorney is issued, for example, "Syktyvkar".
  3. When entering the details of the principal and attorney, use the principle of maximum identification.

    Because in the case under consideration, the principal is an individual, then it is necessary to indicate the full name, series and number of the passport, date of issue of the passport and issuing authority.

    Example: “Citizen Zabeyvorota Sergey Ivanovich, hereinafter referred to as the Principal, passport series XXXX number XXXXXXX, issued XX.XX.XXXX years by the Federal Migration Service of Russia for the Sovetsky district of the city of Labytnangi, authorizes citizen Shmalko Mikhail Ivanovich, hereinafter referred to as the Attorney, passport series XXXX number XXXXXXX, issued XX.XX.XXXX years by the Department of the Ministry of Internal Affairs of Russia for the New District of Starinsk, to represent the interests of the Principal in PJSC IC "Rosgosstrakh" with the right to perform the following actions:...".

    Below you can download a form and sample power of attorney in case of an accident to an insurance company to represent interests from an individual to an individual.

    In the event that the attorney is a legal entity, after the words "authorizes" should be indicated: “... Insurance Representative LLC (TIN XXXXXXXXX), represented by General Director Yakov Fridmanovich Manuylov, acting on the basis of the Charter, represent the interests of the Principal in PJSC IC Rosgosstrakh with the right to perform the following actions:...".

  4. When describing the powers provided, remember that the most detailed description will avoid misunderstandings with the insurance company employees.

    Example: “to represent the interests of the Principal in PJSC IC Rosgosstrakh on all issues related to the consideration of an insured event that occurred within the framework of insurance policy No. XXXX, with the right to receive, submit documents and statements, sign such documents and statements, certify copies of documents, make claims, receive property, incl. monetary and non-property compensation, as well as perform other actions necessary for the proper execution of this instruction.”

  5. After this, you must indicate the validity period of the power of attorney and the right of substitution.

    Note! A power of attorney that does not indicate a validity period is considered valid for one year from the date of its execution (Clause 1 of Article 186 of the Civil Code of the Russian Federation).

    Example: “This power of attorney has been issued for a period of one year from the date of its execution, without the right of delegation to other persons.” If the right of subrogation is necessary, please indicate: “...with the right of delegation to other persons.”

  6. At the very end, indicate the Last Name of I.O. The principal and provide a place for signature.

    Example: "Baygate S.I.___________________________."

Article 186 of the Civil Code of the Russian Federation. Duration of power of attorney

  1. If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.
  2. A power of attorney that does not indicate the date of its execution is void.

  3. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

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