First of all, the concept of power of attorney
Power of attorney refers to entrusting others to exercise their legitimate rights and interests on their behalf, and the client needs to produce the legal documents of the client when exercising his power. The trustor shall not abandon the entrusted matters for any reason. If the client makes any rights and interests that violate national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.
Second, the motor vehicle business power of attorney requirements
1. Title: Power of Attorney.
2. The contents of the power of attorney include:
(1) Customer's name: ID number: Address: Tel: Postal code:
(2) Client's name: gender:, work unit: address:, ID number: telephone number: postal code:
(3) Specific entrustment matters and entrustment scope, such as: merger of registered information; Replacement/renewal of driving license, etc.
(4) The above contents should be written (copied) on the same page;
(5) If the power of attorney consists of more than two pieces of paper, it is invalid and will not be recognized.
3. At the end of the power of attorney, there should be the signatures and dates of the client and the principal.
Three. Matters needing attention when signing the power of attorney for motor vehicle business
1. Basic information of the principal and the trustee
Generally including the name, gender, position, ID number, contact address and telephone number of the principal and the trustee. The basic information should be as complete and detailed as possible, so as to facilitate the third party to consult the relevant information and the notice of relevant matters.
In practice, it is not necessary to express all these basic information, but the ID number and contact number are essential. The power of attorney is signed by the principal and issued to a third party, indicating that the agent has a power of attorney, so the power of attorney should include not only the basic information of the agent, but also the basic information of the principal.
2. Entrust matters
To put it simply, the entrusted matter is what the client entrusts the trustee to do with the third party. The entrusted matters must be clearly expressed, and the power of attorney must clearly list what the trustee wants to do, so as to anticipate the scope of the trustee's behavior and control his own risks. If the entrusted matters are not clear, based on the protection of the trust of the third party by legal documents, the power of attorney will be considered unclear, which will make the principal and the trustee jointly and severally liable to the third party.
3. Entrusting agency
What the trustee is allowed to do has been clearly expressed in the entrustment matters. The following needs to explain how much authority the trustee has to do this, that is, the delegation authority. The agency authority of the trustee can be divided into:
A, entrust, that is, the agent can only handle civil legal acts on a certain matter entrusted;
B. Special entrustment, that is, entrusting an agent to handle the same civil legal act repeatedly within a certain period of time;
C. Long-term entrustment means entrusting an agent to handle various civil legal acts related to a certain kind of affairs or a certain subject matter within a certain period of time.
No matter what kind of delegation, it is necessary to clearly express the delegation authority, and list the delegation authority one by one, avoiding adding the words such as etc. After listing the authorization authority, it will bring the legal risk of unclear authorization.
4. Entrustment period
For the principal, if there is no entrustment period, the risks brought by the trustee's misconduct are unpredictable. It is very important for all parties to clarify the term of entrustment.
The term of entrustment should be as clear, predictable and easy to operate as possible. There are generally two ways to express the term of entrustment:
1. If the completion time of the entrusted matters is known, the entrusted period can be expressed as the entrusted period from a certain day of a certain year to a certain day of a certain year.
2. If the completion time of the entrusted matters is unknown, the entrustment period can be expressed as the entrustment period from the date when the client signs the power of attorney to the date when the agent completes the entrusted matters.
5. Customer's signature and date of signature.
No matter what form the main text of the power of attorney appears, whether it is printed or handwritten, only the signature of the client is valid, so it is necessary to ensure that the signature of the client at the signing place is valid.
Similarly, the signing date of the customer at the signing place seems insignificant, but the act of signing or not signing casually is a risk.
6. Avoid issuing blank power of attorney.
Some clients will issue some blank power of attorney to the trustee for convenience, and then the trustee will fill it out by himself as needed, which is actually very risky. In this way, the client's prior review of the third party's credit standing is avoided, and even the trustee and the third party may maliciously collude to harm the client's interests.
4. Model power of attorney for motor vehicle business.
1. Power of Attorney for Annual Inspection of Motor Vehicles (model text)
XX traffic police brigade vehicle management office:
I hereby entrust XXX as the authorized agent of the client to handle the annual inspection of all the motor vehicles of the client, and the client recognizes all the relevant materials and forms provided by the agent when handling the above matters.
The agent is responsible for the authenticity and validity of this power of attorney and has verified the relevant information of the client.
The validity period of this power of attorney is:
20 18 February 20th to 20 18 February 25th.
This power of attorney shall not be entrusted to others.
Client (signature or seal): ID number or organization code certificate number: XXXXXXXX.
Handler (signature): ID number: XXXXXXXX (The handler is an organization, and the handler should sign and fill in the ID number of the handler. )
Date of signature: year month day.
2. License plate replacement power of attorney (template)
I am XXX (the client), with my ID number XXXXXXXXXXXXXX and my phone number XXXXXXXXXXXXXX. Because my motor vehicle driver's license is about to expire, in order not to affect the normal use of the motor vehicle driver's license, and because of work reasons, I hereby entrust XXX (the client) (ID number xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I recognize the relevant documents signed by the trustee and the relevant matters handled within the scope of the above matters.
Term of entrustment: from the date of issuance of this power of attorney to the date of completion of the above matters.
Customer (signature):
Trustee (signature):
201Feb. 819th
Expand knowledge:
1. How to handle the power of attorney for vehicle inspection?
Method of handling the power of attorney for vehicle inspection:
The original and photocopy of the driving license or registration certificate, the original of the compulsory insurance, and an application indicating the vehicle number plate, the owner's name and the name of the provincial vehicle management office that entrusted the vehicle inspection. Apply to the vehicle management office where the vehicle is registered. After submitting the above materials, the vehicle management office will issue you a certificate of entrusting an annual inspection in a different place, and you can go to the other place to inspect the vehicle with the power of attorney.
If the owner is the unit, it is also necessary to provide the ID card of the agent and the certificate of authorized agency with official seal.
Second, do I need to go in person to open a power of attorney for motor vehicle inspection in different places?
You don't need to go in person, you can ask an acquaintance for help, and you should provide relevant handling materials and a power of attorney for car inspection.
Third, is there a paper requirement for personal power of attorney?
There is no special requirement, A4 ordinary printing paper will do. Power of attorney for motor vehicle business @20 19