How to check the validity of a notarized power of attorney. Unified official register of notarized powers of attorney in Russia: how does it work and what information can be obtained there? The registry was developed to

The new opportunity to check the authenticity of a power of attorney has made the life of fraudsters much more difficult. A countless number of abuses and fraudulent schemes with fake trust documents have led to real tragedies when people were left without housing and other property due to the fault of the owners of the fake. And if the fact of fraud could be proven, it took months and even years. A service has now been developed that allows you to check your power of attorney within a minute.

Simple and notarized powers of attorney

Not every power of attorney requires notarization. According to the Civil Code (Article 185.1 of the Civil Code of the Russian Federation), it is necessary in three cases:

if the transactions for which it is issued are mandatory certified by a notary (for example, when alienating apartment shares to third parties or in transactions involving minors);
if the document is needed to submit an application for state registration of rights;
if the power of attorney was issued to dispose of rights registered in various state registers.

In other circumstances, the power of attorney is certified by a notary at the request of the parties to the transaction in order to give the document weight. If such a desire does not arise, the principal has the right to draw it up in simple written form, indicating to whom, what authority and for how long he is going to transfer. The issuance of a power of attorney means that the trustee receives the authority to act on behalf and in the interests of another person (the principal).

It is easier to check a notarized power of attorney, since its details are entered in special register, partial access to which has been open to all interested parties since 2017. Accordingly, a simple power of attorney does not fall into it. However, there is also some chance to check its validity. Lawyers strongly recommend making every effort to verify the power of attorney, whatever its form.

How to check the authenticity of a power of attorney online

Previously, in order to find out whether the presented power of attorney was valid, it was necessary to personally visit the notary who is indicated in it, or send him a written request. Both options involved a lengthy process - either a multi-hour trip to a notary's office, or many days of waiting for a response by mail.

Now it is possible to check a document remotely without leaving your home or workplace. The Federal Notary Chamber offers to check the power of attorney through a special electronic service, posted on the FNP website. It's called "]]> ]]>". He checks notarized powers of attorney for authenticity, simple ones - for possible cancellation by the principal.

How to check a power of attorney on the website if it is certified by a notary

To check a trust document certified by a notary office, you need to:

Go to the FNP service “]]> Verification of powers of attorney using details ]]>” and select the “Check power of attorney” tab.
Enter several in the empty fields mandatory details specified in the document:

its number according to the Register;
date of certification;
who certified (from the three tabs you need to select “Notary”);
Full name of the notary.

Click on the “Find” electronic icon.
Wait for the search results.

The above data is enough to check the power of attorney on the website. The Federal Chamber of Notaries also suggests entering information about the notary, but this column is not mandatory.

An existing power of attorney should be invalidated in two cases:

if the service does not find it among the powers of attorney of the Registry at all;
if he detects it, but reports that it is canceled from a certain date.

The holder of a power of attorney that is invalid or absent from the Register does not have the right to represent the interests of the person indicated as the principal and to carry out any transactions on his behalf. In addition, the invalidity of the document may become a reason for contacting law enforcement agencies.

How to check a power of attorney online if it is not certified by a notary

The authenticity of a simple written power of attorney cannot be verified through the FNP service. But it allows you to find out whether it was canceled by the principal in accordance with Article 188 of the Civil Code.

The website of the notary chamber can verify a power of attorney that has not been certified by a notary using various details, none of which are mandatory. To obtain information, you must select the “Information on the revocation of a power of attorney made in simple written form” tab, click the “Search” button and enter the details that are known in the appropriate field. Then click the “Find” button. If the power of attorney has been revoked, information about this will appear on the screen.

– The Federal Notary Chamber (FNC) from January 1, 2017 allows an unlimited number of persons to receive time-free and free access to data on issued powers of attorney contained in the Unified information system notary office (EISN).

According to this system you can check the date and number of the notarized power of attorney, as well as the name of the notary.

Where is the information stored?

Notarial acts are recorded in the general list and are displayed by the notary in the Unified Information System on the Internet immediately. UISN is automated system, which allows online check any power of attorney. According to No. 332-FZ, the revocation of a power of attorney or its issuance is reflected by the notary in the general list of notarial actions, in electronic format without fail.

To verify the authenticity and validity of the power of attorney, you must know its details or have a reliable copy.

IMPORTANT! The general list of UISN displays information on powers of attorney certified or canceled starting from July 1, 2014.

The general list allows you to establish the reliability of any notarized power of attorney. By going to the official website on the Internet http://reestr-dover.ru, where you fill out the required power of attorney data.

The Unified Information System also displays information about powers of attorney that have been certified or revoked officials organs local government and consular missions Russian Federation.

In addition to the general list of UISN, there is another alternative source for retrieving information on revoked and valid powers of attorney for legal entities and individual entrepreneurs.

The SPARK business system was developed by the international information group Interfax together with the FNP and the Center for Innovation and information technologies" SPARK is a module for checking the details of notarial documents in the Unified Information System for their authenticity.

The SPARK module contains information about issued and authentic documents, starting in 2010 online in the Unified Information System.

To check the document, you need to go to the official website on the Internet: http://www.spark-interfax.ru, where you will need to register as a User, then fill out the power of attorney data specified for mandatory entry.

SPARK produces a result about the document with a sample signature and the seal of the certifying notary (if such information is available in the FNP system).

The document verification report can be displayed in PDF format for printing and saving, and upon registration, the request will be saved in the user’s personal account.

What is needed to obtain information?

Information from the list of notarial actions of the Unified Information System, necessary to certify the validity of a notarized document, is provided to notaries upon requests submitted through the Unified Information System, immediately in an automated mode.

To make a request it is required to have all comprehensive information about the issued power of attorney, or have a copy of such a document.

There is no need to separately confirm your right to receive such information, as well as to provide information on your own personal data, which preserves each applicant’s right to confidentiality and excludes unlawful use of it.

If there is no possibility of Internet access You can contact any notary office where you need it:

an identity document, namely a passport (without a passport, the notary has the right to refuse to provide data);
it is necessary to be sober (the notary does not perform any actions; if the applicant is intoxicated by alcohol or drugs, this is regarded as a sign of incapacity);
state the essence of the appeal as specifically as possible;
availability of data on the power of attorney or a copy thereof;
a draft agreement for the transaction to justify the need to provide data on the power of attorney.

Step-by-step instruction

Using the FNP system via the Internet

Now you know how to find out about the cancellation of a power of attorney using the FNP database.

Business system SPARK

To register as a SPARK user, you will need to enter into a subscription agreement for Interfax services, pay the user agreement invoice, and then receive a login and password from Personal account(the cost of quarterly and annual subscriptions needs to be clarified).
Go to the Internet and follow the link http://www.spark-interfax.ru, go to your personal account.
In the “Checking notarial actions” section, fill in the document data specified for mandatory entry and click “Check”. SPARK will display the result.

This way, legal entities can check whether the power of attorney has been revoked or not, but in DEMO access there is no possibility of checking a notarial document.

Going to a notary

Certainly, any transaction may be declared invalid by the court statement of claim , but it is worth understanding that trial- This is a long-term procedure. If the court recognizes the invalidity of a transaction, there is no guarantee of the return of lost property and compensation for losses incurred, especially if such actions were committed by fraudsters.

The power of attorney can be checked for authenticity and validity different ways. After reading the article, the reader will learn about the validity and reliability of which powers of attorney can be found online, how to check the authenticity of a power of attorney by number, and what other data you need to have for verification. In addition, we will tell you about other possible ways to verify the credentials of representatives.

Why might it be necessary to check the authenticity and validity of a power of attorney?

When concluding a transaction, each party is obliged to provide information about the existence of sufficient powers to conclude it. When acting personally in your own interests and on your own behalf, it is enough to present an identification document (for example, a passport). In the case of representing the interests of third parties, including legal entities, it is necessary to draw up a special document - a power of attorney.

Improperly formalized powers of a trustee may lead to the recognition of a transaction concluded by him on behalf of the principal as not concluded on the grounds provided for in Art. 174 Civil Code of the Russian Federation. Improper execution of power of attorney and representation of interests by an unauthorized person entails recognition of the transaction as completed directly by the representative, according to the rules of Art. 183 Civil Code of the Russian Federation.

A timely check of the legality of the representative’s actions, as well as the compliance of the powers granted by the principal with the nature of the transaction, will help avoid adverse consequences.

How to check the authenticity of a power of attorney online on the FNP website, by number and other data?

Affordable and most in a simple way To check the validity of a power of attorney is to request information regarding the authorized person directly from the principal. However, this is not always possible due to various objective and subjective reasons, for example, the principal lives in another locality, etc.

In order to register information about issued and revoked documents, Chapter VII.1 “Unified Notary Information System” was introduced into the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 No. 4462-I. In accordance with Art. 34.3 specified normative act The following information is entered into the information system:

related to the performance of notarial acts, including certification or cancellation of a power of attorney;
on entering an electronic image of a document into the database.

The specified data must be entered into the system immediately after the relevant notarial act has been completed.

As part of the implementation of the provisions of the Fundamentals of Legislation of the Russian Federation on notaries, a special server has been created that accumulates data on powers of attorney certified by a notary. In order to check online for the authenticity of a power of attorney issued since 01/01/2017, you must:

go to the FNP website at: http://reestr-dover.ru/;
select the “Check power of attorney” tab;
fill in information, including the registration number of the power of attorney, date of certification, information about the notary, employee consular post or an employee of a local government body who certified the power of attorney (full name);
click the “Find” button.

If you need to check information about the revocation of a power of attorney, you should open the appropriate tab and use the search using one of the available criteria (registration number, document number, etc.).

Why can’t I check a notarized power of attorney online?

Situations arise when information about a document that meets the established requirements and is certified by a notary is not available in the unified register. In this case, the reasons for its absence should be analyzed, including:

the registration and issuance of the power of attorney was carried out before 01/01/2017;
the document is not certified by a notary;
registration and issuance were carried out on the day of inspection.

If none of the above circumstances are confirmed, you should seek clarification from the notary who certified the document for clarification of the current situation. We recommend postponing the transaction with a trusted person until you receive confirmation of the issue.

Verifying a power of attorney using details: what do you need to know?

You should independently check the validity of the power of attorney, taking into account the provisions of the rules civil legislation regulating the procedure for registration similar documents. In particular, a power of attorney is considered void if there is no date of issue in its text (clause 1 of Article 186 of the Civil Code of the Russian Federation).

The legislator has established the grounds for declaring a document invalid:

sham or pretense of execution of a unilateral transaction for the issuance of a power of attorney;
inconsistency established by law forms of the document, including the absence of notarization in cases where this is directly provided for by law, for example, if there is the possibility of substitution;
granting powers that are obviously contrary to current legislation, for example, on a representative making transactions with property the circulation of which is prohibited;
the minor status of the principal or his recognition as incompetent;
external illegal influence on the principal for the purpose of issuing a power of attorney (deception, abuse of trust, use of violence, etc.).

When checking a power of attorney, it is imperative to request the original and a document certifying the identity of the authorized person. When making a certain transaction, you need to check your authority to perform the necessary actions.

Is it possible to check online powers of attorney that have not been certified by a notary?

To check a document certified by a notary, it is enough to specify its registration number and have access to the Internet. However, uncertified powers of attorney are not entered into the database.

If the power of attorney was not certified by a notary, but was issued, for example, by a manager legal entity, then it is impossible to check its validity online. This is due to the fact that the responsibilities for entering into single register The law does not provide information about powers of attorney not certified by a notary. To check, you need to contact the sole executive body the organization that issued the power of attorney.

***

In conclusion, we note that checking the validity and reliability of notarized powers of attorney is quite simple and only requires access to the Internet (you can check the power of attorney on the FNP website). However, non-notarial documents cannot be verified in this way.

A power of attorney is a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.
(Part 1 of Article 185 Civil Code RF)

I will not theorize in this text, but will only dwell on some practical issues that arise in the process of representing the interests of individuals and legal entities by proxy. We will talk about how to check the “validity” of a power of attorney in a couple of minutes.

Power of attorney details

- place of drawing up the power of attorney(city, and if there is an instruction settlement smaller in number of inhabitants, then the subject of the federation should be indicated);
- date of signing of the power of attorney(preferably in words or in such a way that it is impossible to print the date);
- last name, first name, patronymic (full full name), date, month, year of birth, passport details and registration (residence) address of the principal(name of the organization, OGRN (not necessary, but if there are doubts about the name of the organization or such a name is widespread, for example Volna LLC), then this requirement completely justified), Taxpayer Identification Number (TIN, as well as OGRN, are unique, so one number is enough), full name of the manager);
- last name, first name, patronymic (full full name), date, month, year of birth, passport details and registration (residence) address of the attorney(name of organization, OGRN, INN, full name of the head);
- listing the specific powers of the representative(if the text of the power of attorney indicates the uncertainty of actions, but within the framework of a specific instruction, then we believe that these powers can also be considered transferred if they do not go beyond the customs of business and their transfer is clear from the situation);
- validity period of the power of attorney(may not be indicated) (if the period is not indicated, then the power of attorney was issued for 1 year - part 1 of article 186 of the Civil Code of the Russian Federation, maximum term validity of the power of attorney - 3 years);
- principal's signature(And print, if the power of attorney is issued by a legal entity);

These details are mandatory, the absence of any of them (except for the validity period of the power of attorney) may lead to the recognition of the power of attorney as invalid. Accordingly, there are potential risks of recognizing the actions of such a “trusted person” as having no legal basis.

It is imperative to check everything written in the power of attorney and the documents presented as confirmation of the identity of the authorized person.
In the Russian Federation, the identity of a citizen of the Russian Federation can only be confirmed by a passport of a citizen of the Russian Federation. Other documents cannot be accepted as an identification document, as they contradict the requirements of Article 10 Federal Law dated 05/31/2002 N 62-FZ “On Citizenship of the Russian Federation”, Decree of the President of the Russian Federation dated 03/13/1997 N 232 “On the main document identifying the citizen of the Russian Federation on the territory of the Russian Federation”.

The power of attorney may also include the signature of an authorized person. This is not necessary, but if documents are signed, you will be able to verify the signatures.

A power of attorney may contain a serial number, but this detail is rather necessary to record the issued powers of attorney from the principal. This detail is optional.

Confirmation of authority by power of attorney

By default, a special notarized power of attorney is not required, unless, of course, special instructions there is a law for that, but even there is a need for notarization, then you can always use other ways to certify the power of attorney.
In the Russian Federation, the following are equivalent to notarized powers of attorney:

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;
2) powers of attorney of military personnel, and at points of deployment military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, as well as powers of attorney for workers and employees, members of their families and family members of military personnel, certified by the commander (chief) of these units, formations, institutions or establishments;
3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;
4) powers of attorney of adult capable citizens staying in institutions social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant social protection body.
(Part 3 of Article 185 of the Civil Code of the Russian Federation)

Those. you don't have to resort to paid services to carry out certain tasks that do not involve a significant change in your financial situation, and use these methods of certifying a power of attorney. Also, when such a power of attorney is presented to you, you should also trust it, although checking its validity will not make you worse.
If we are talking about serious transactions, for example, the purchase of real estate, then you should only use a notarized power of attorney. In this case, the representative under the power of attorney must have compelling arguments why the principal himself is not participating in the transaction (I recommend that you be especially careful about this check and, if possible, see the principal in person).
Also, if you are not indifferent to the future, for example, in a real estate purchase and sale transaction, powers of attorney certified by a notary, it is also worth checking for the possibility of their revocation. In this case, you must contact the notary who certified it with a request to provide information about the cancellation or validity of the power of attorney.

A special point: a power of attorney for a person who has a power of attorney can only be executed with the assistance of a notary, otherwise it is invalid.

...A power of attorney issued by way of delegation must be notarized...
(Part 3 of Article 187 of the Civil Code of the Russian Federation)

Worth paying attention...

A power of attorney where part of the text is typewritten and the other part is handwritten is highly questionable. In this case, most often, it is impossible to verify the fact that a power of attorney was issued. to a specific person(especially if full name and data, powers), since it is impossible to determine when the power of attorney itself was filled out and whether this moment coincides with the moment other data was included by hand. Such a power of attorney should not be accepted, since it is impossible to determine the legitimacy of the powers of the authorized person from its text.

A separate point concerns the issuance of powers of attorney on behalf of other employees of legal entities. For example, the executive director does not have the right to issue a power of attorney, since a power of attorney can only be issued on behalf of general director or another person who, in accordance with the Charter, has the right to act on behalf of a legal entity without a power of attorney. Other powers of attorney are allowed, but only in the order of subpoenaing, but in this case they must be notarized.

A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by him constituent documents, with the seal of this organization attached.
(Part 5 of Article 185 of the Civil Code of the Russian Federation)

Termination of power of attorney

Termination of a power of attorney is a special moment that you can find out about much later than the moment when the authorized person uses it. Therefore, be careful. Of course, the Civil Code of the Russian Federation establishes the obligation to notify about the termination of a power of attorney, but due to objective features, it is often impossible to comply with this legal requirement.

The power of attorney is terminated due to:
1) expiration of the power of attorney;
2) cancellation of the power of attorney by the person who issued it;
3) refusal of the person to whom the power of attorney was issued;
4) termination of the legal entity on whose behalf the power of attorney was issued;
5) termination of the legal entity to which the power of attorney was issued;
6) death of the citizen who issued the power of attorney, recognition of him as incompetent, partially capable or missing;
7) death of the citizen to whom the power of attorney was issued, recognition of him as incompetent, partially capable or missing.
(Part 1 of Article 188 of the Civil Code of the Russian Federation)

Afterword

In fact, forging a signature and seal (any new one costs up to 1,000 rubles per hour) does not seem to be a difficult action for anyone, which is why you should be more careful when checking a trusted person. That is why you should keep the original power of attorney. Also, handwriting samples, photographs, copies of the proxy’s passport, other documents and information will not be superfluous. I won’t write how to use this, but it will help you, if there are difficulties, you can turn to those who understand this issue. Remember that for significant amounts, it’s worth just paying extra to a professional who will check it (although now there are hundreds of “professionals” who don’t know anything, only higher legal knowledge). As a last resort, there is the Internet - ask a question in several consultations and portals - you will understand a lot. Here, too, I could not describe all the options, but I will add when I encounter particularly unusual ones.

Good luck!
Be careful!

Verification is not a mandatory procedure. But this measure is strongly recommended for citizens planning to make an important transaction. For example, selling real estate. Entrepreneurs also often resort to it, which allows them to protect themselves from possible risks. For a personnel specialist, this may become relevant when issuing work book or other documents related to the work of the principal. To avoid getting into trouble, you should make sure that the paper is original.

Who can verify the validity of a power of attorney issued by a notary?

According to the provisions of Art. 34.4 “Fundamentals of the legislation of the Russian Federation on notaries” (approved by the Supreme Court of the Russian Federation on February 11, 1993 N 4462-1) (as amended on May 23, 2018), the Federal Notary Chamber provides access to the information contained in the unified notary information system to everyone. Therefore, if you are interested in checking the authenticity of a power of attorney, use the official website where you can find the necessary information. The online verification service is provided around the clock and completely free of charge.

What information can you find out:

information about the person certifying the power of attorney;

date of certificate;

registration number document in the register of notarial actions of the notary's UIS;

the date and time of entering information about the cancellation of the document into the register if it was cancelled.

It is worth noting that any actions performed by a notary are entered by him into the register of notarial actions of the UIS immediately. They are also confirmed by enhanced qualified electronic signature notary. Therefore, there is no need to doubt the information obtained through the system.

How to check the authenticity of a power of attorney online

In this section we will describe in detail how to check the authenticity of a power of attorney by number online. To do this you need to take a few simple steps:

Step 1.

Step 2.

We enter the information in the form on the website.

in the “Date of certification” field, indicate the date when the paper was certified;

In the next field we indicate the registration number. It can be found at the end of the document in the notary's certification;

In the “Notary” field, indicate the full name of the notary who certified the document.

Step 3.

Click the “Find” button and check the result. The system can inform you:

that the paper is valid and has not been cancelled;

that the document exists, but not all the data you entered matches the registry;

such paper was issued, but has now been cancelled;

a power of attorney with the specified data was not issued (this is possible if the document is forged).

Offline way to verify power of attorney

In addition to the method described above, there is another possibility to check. You can bring a copy of this document to the notary who issued it. The notary will check the originality of the document and provide reliable and complete information about its status. True, such a service is paid (the cost can be found directly at the notary’s office).

How to check the authenticity of a paper that was issued without a notary

In some cases, notarization is not necessary. A document certified only by the signature of the principal (simple written form), suitable for obtaining documents, certificates, concluding contracts for the provision of communication services and utility services, etc. A power of attorney to receive a salary is quite common. Usually it is certified at the place of work by the employer, without the participation of a notary.

To ensure that the document is genuine and up-to-date, pay attention to:

document details;
date of issue;
its validity period;
authority of the issuer.

You should also study the list of powers of the representative and make sure that he has the right to perform the necessary operations.

We invite you to familiarize yourself with the sample.

What to do if the power of attorney is invalid

What should you do if it turns out that you have an invalid document? You cannot perform any actions with it. This may lead to the recognition of transactions as illegal or void. Therefore, you should carefully check this paper to avoid possible problems.

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