In daily life, it is more and more necessary to use power of attorney to handle affairs. The scope of authority entrusted is an effective basis for the agent to carry out the agency behavior, and the lawyer must write it clearly when writing for him. How should we draft the power of attorney? The following is my carefully compiled company authorization for reference only. Let's have a look.
Power of Attorney 1 To: Chengxin Automobile Sales & Service Co., Ltd.
Due to business needs, our company now entrusts Sean as the legal entrusted agent of our company and authorizes him to collect money on his behalf. The scope of authorization of the entrusted agent is: handling relevant collection matters on behalf of our unit and your unit. In the whole collection process, all the actions of the agent represent the unit and have the same legal effect as the actions of the unit. This unit will bear all legal consequences and responsibilities of agency behavior.
The agent has no right to change the power of attorney, and hereby entrusts.
Agent: Sean.
Agent ID number:
Entrusting unit: China Model Network Co., Ltd.
Person in charge of entrusting unit:
Date: 20xx April 22nd
Power of Attorney 2 This power of attorney states that I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The agent has no right to entrust. Hereby entrust.
Agent: _ _ _ _ _ _ _ _ Sex: _ _ _ _ _ _ _ Age: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Unit: _ _ _ _ _ _ _ _ Department: _ _ _ _ _ _ _ Job: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agent's ID number: _ _ _ _ _ _ _ Company name (seal):
Legal representative (signature): _ _ _ _ _ _ _ _ _ _ _
Agent (signature): _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The power of attorney 3 of the company suggests that Article 21 of the Provisional Regulations on Value-added Tax in People's Republic of China (PRC) stipulates that "no special VAT invoice shall be issued when selling goods or taxable services to consumers". Therefore, if you need to issue a special VAT invoice, please provide the power of attorney that the company entrusts you to purchase goods and pay. (Seller):
We hereby entrust the agent (ID number:) to pay the payment on behalf of our company on+0,2065438. The amount is RMB (in words:). The payment behavior of the entrusted agent is regarded as the payment behavior of the entrusted company. Please make out an invoice for our company.
Payment method: the above-mentioned entrusted agent will pay the corresponding money to the seller in his personal account by cash, POS card or online payment.
I hereby authorize.
Entrusting unit (seal):
Legal representative:
Contact telephone number:
Date: 20 1 MM/DD
(Seller):
The above situation is true, and we agree to compensate. Please issue an invoice to the above-mentioned entrusting company. Hereby explain.
Agent (signature):
Contact telephone number:
Date: 20 1 MM/DD
note:
1. "Entrusting unit (seal)" shall be stamped with the official seal of the unit (special seal, contract seal and department seal are invalid). The company name should be consistent with the company official seal.
2. "Agent (signature)" shall be signed by the agent.
3. A copy of the agent's ID card must be attached.
Power of Attorney 4 There are two Hong Kong people who entrust domestic lawyers to file a lawsuit, and both Hong Kong people are in China. Two Hong Kong people are required to bring the original power of attorney to the notary office to sign in person. First, domestic lawyers draft a power of attorney to a Hong Kong notary, who will revise it and hand it over to the parties. At that time, the parties will bring their identity documents to the Hong Kong Notary Office for signature, and then the notary will complete the subsequent notarization. Documents provided by notarization: two originals of power of attorney.
Processing flow:
1. China entrusted a notary for notarization.
2. Special Seal of China Legal Service (HK) Co., Ltd.
Processing time: 7 working days
Power of Attorney 5 Hong Kong companies are participating in more and more domestic economic and trade activities, and there are more and more lawsuits involving Hong Kong companies.
Hong Kong companies file civil lawsuits in China, and the production of their litigation documents also has its special requirements. This paper introduces some practical operations of Hong Kong companies in notarization and authentication of civil litigation in China.
First, the preparation of the company's litigation documents
According to the relevant provisions of the Civil Procedure Law, when a domestic company as a legal person files a lawsuit, it shall submit the business license, the certificate of legal representative and the power of attorney of the company in addition to the complaint and evidential materials to the people's court. So how does a Hong Kong company prepare the above materials? According to the current mature practice is as follows:
First of all, as mentioned above, domestic companies should submit a "business license" to the court, but the "business license" is a unique ownership and publicity document in China, and there is no such ownership document in Hong Kong. Therefore, in the current judicial practice, Hong Kong companies need to prove their entity qualifications and can provide the following documents:
1, a business registration certificate issued by the Hong Kong Companies Registry;
2. Certificate of company name filed with the Hong Kong Companies Registry (if the company name has changed, it must be provided);
3. Annual report submitted by the Hong Kong Companies Registry (the function of this information is equivalent to the annual inspection procedure of companies in Chinese mainland);
Secondly, regarding the certificate of the legal representative of the company, this document is relatively simple to make and can be made with reference to the certificate of the legal representative of the domestic company;
Thirdly, regarding the authorization documents, since the Hong Kong-related cases are foreign-related cases, the production of authorization documents should be very strict, and all foreseeable and necessary authorization contents should be written in the authorization documents as far as possible, and the authorization contents and authorization period should be written in a list (the authorization period can be clearly indicated in the authorization documents according to the agency period determined in the entrustment contract). If it is a special authorization, the specific content must be made clear.
In addition, according to the relevant laws and regulations of Hong Kong, if the company needs to conduct relevant litigation activities in China, the matter is a major matter and needs to be approved by the company's board of directors. Therefore, when lawyers represent Hong Kong companies in litigation, they also need Hong Kong companies to issue corresponding resolutions of the board of directors.
After the above documents are prepared, they need to be sent to the China entrusted notary office designated by the Ministry of Justice of China (the Ministry of Justice publishes the list of relevant lawyers every year) for notarization, and then stamped with the special seal for transmission at China Legal Service (Hongkong) Co., Ltd. The above-mentioned documents can only be used as official legal documents in Chinese mainland after completing these two procedures.
Power of Attorney 6 Power of Attorney for Personal Payment Entrusted by the Company
* * Company:
As the contract payment cannot be paid by our company account for some reasons, we hereby entrust Comrade (ID number) to use the passbook (V) and bank card (V) opened by the bank to pay the expenses under the contract signed with your company on our behalf, and all the economic responsibilities and legal consequences arising therefrom shall be borne by our company, which has nothing to do with your company.
If there is any change in the above authorized payment, our company will inform your company in writing. If our company fails to inform your company in time, all the economic responsibilities and legal consequences caused by this will be borne by our company!
Hereby declare!
Authorization has a time limit: MM DD YY-MM DD YY.
Authorized Company (Seal):
Signature of authorized person:
Power of Attorney of Company 7 Bank (Licensee):
Our company (payer) hereby authorizes your bank to make payment from the deposit account (account number) opened by our company when you see the special entrusted collection voucher in the same city with the payee's name and contract number consistent with those listed in this power of attorney in accordance with the relevant provisions of the Payment and Settlement Measures and the Administrative Measures of Beijing Municipality on Special Entrusted Collection.
The names of payee and payer in this power of attorney can be standardized abbreviations agreed by both parties.
This authorization shall come into effect from the date when this power of attorney is authorized and signed, until the date when our unit delivers a written application for cancellation to your bank.
Full name of payee
Payee abbreviation
Short name of payer
contract number
Official Seal of Authorized Person (Payer) Official Seal of Authorized Person (Bank)
Year, month, sun, moon, sun.
This power of attorney is in duplicate, and this copy is kept by the authorized person.
Power of Attorney 8 of the Company to: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Our company hereby entrusts (name) as its legal agent and authorizes it to carry out _ _ _ _ _ _ _ design work on behalf of our company. The scope of authorization of the entrusted agent is: negotiating with you on behalf of our unit, signing documents, and handling affairs related to _ _ _ _ _ _ _ _ _ _. In the whole process of _ _ _ _ _ _ _, all the behaviors of the agent represent the unit and have the same legal effect as those of the unit. This unit will bear all the legal consequences and responsibilities of the agent's behavior.
The agent has no right to change the agency right. Hereby entrust.
Name of Agent: Gender:
Age: Position:
ID number:
(Sample signature of agent)
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bidder (seal):
Legal representative (signature):
Power of Attorney from Company 9 to _ _ _ _ _ _ _ _:
We hereby authorize our employees: _ _ _ _ _ _ _ _ _ _; ID number: _ _ _ _ _ _; Gender: _ _ _ _ _ _ _; Go to your company to handle all related matters.
During the authorization period, our company will recognize all the documents signed by the licensee and your company, and bear all kinds of legal responsibilities that may arise therefrom. Please cooperate with our staff during the processing! thank you
Term of authorization: _ _ _ _ _ _ _ _ _
Company name: _ _ _ _ _ _ _ _ _ _ _ Official seal: _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Power of Attorney 10 There are more and more lawsuits handled by foreign companies in domestic courts. Lawyer China needs to go through relevant notarization and authentication procedures before the court can accept it.
It involves the determination of the subject, the fixation of evidence, translation, notarization and authentication.
1, subject of litigation
The plaintiff should provide proof (license, etc.). ) or other documents certifying the qualification of the enterprise as the main body.
The identity certificate of the defendant, including the household registration certificate or a copy of the ID card, the basic enterprise registration information form, etc. , should be provided.
2. Entrusting procedures
A natural person or lawyer from China may be entrusted to participate in the proceedings. If a foreigner (enterprise) cannot come to China to participate in the litigation in person, the corresponding entrustment procedures shall be notarized by the notary office where the foreigner is located, certified by the Chinese embassy or consulate in that country, or the certification procedures stipulated by relevant international agreements and treaties shall be fulfilled.
(Article 24 1 of China's Civil Procedure Law stipulates that foreigners can participate in litigation in our courts in person, and also have the right to entrust our lawyers or other citizens to do it on their behalf through certain procedures. The Supreme People's Court 1992' s Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) also clearly stipulates in Article 30 that foreign parties in foreign-related civil litigation may also entrust their own nationals as litigation agents or their own lawyers as non-lawyers. At the same time, China is a contracting party to the Vienna Convention on Consular Relations, and the consuls of the countries to which foreigners belong can represent their nationals in court in accordance with the relevant provisions of the Convention and the consular treaties signed between China and relevant countries.
3. Choose the court with jurisdiction.
Including: (1) Select the jurisdiction. Jurisdiction includes the place where the defendant is located, the place where the contract is performed, the place where the infringement occurred and the court under the jurisdiction of the Civil Procedure Law. (2) Level jurisdiction court. For foreign-related civil and commercial cases, according to the provisions of the Civil Procedure Law, major foreign-related cases are under the jurisdiction of the intermediate courts. According to the Supreme Court's Provisions on Several Issues Concerning Litigation Jurisdiction of Foreign-related Civil and Commercial Cases, five types of cases, such as foreign-related contracts and infringement, letters of credit, review of commercial arbitration clauses, foreign-related arbitration and recognition and enforcement of judgments, are under the jurisdiction of designated intermediate people's courts or courts. Therefore, foreign-related civil and commercial cases are not always under the jurisdiction of local courts.
4. Submit litigation documents and evidential materials to the court.
Litigation documents should be filed according to the relevant format of domestic indictment, and professionals who are proficient in China laws should be selected as far as possible to participate. Bring a lawsuit to the court and sign the relevant court litigation documents. All the evidence obtained shall be submitted within the time limit specified by the court. For evidence that cannot be submitted within the time limit for adducing evidence, an application for extension shall be filed before the time limit for adducing evidence expires.
For the evidence formed abroad, it is necessary to perform the notarization of the country where the evidence is located and the authentication of the embassy or consulate in Canada.
5. Participate in litigation.
The power of attorney of our company is 1 1 (name of industrial and commercial license), and the legal representative hereby entrusts (ID number:) to collect the payment for the current period on behalf of.
I acknowledge all my actions and consequences in the above authorization, and all disputes and responsibilities arising therefrom shall be borne by me and have nothing to do with your company.
This authorization shall remain valid until I submit a written document to terminate this authorization.
Signature and official seal of the client:
ID number:
Yi Long Supervision Witness:
date month year
Letter of authorization from our company 12 to Zhengzhou Jinshui Sub-branch of China Industrial and Commercial Bank:
I hereby authorize the comrades in the financial department (ID number:, mobile phone:, hereinafter referred to as "the authorized person") to register the enterprise electronic bank in your bank on behalf of our unit.
□ Change the electronic banking business of the enterprise (change: )□ Get the enterprise customer certificate and the corresponding password envelope, and have the right to sign the contract agreement, application and other legal documents related to the above business.
All the related businesses and procedures handled by the above-mentioned authorizer in your bank are the embodiment of our true wishes, and our unit promises that the above contents are true and will bear all legal consequences and responsibilities arising therefrom.
The validity period of this power of attorney is: year month day to year month day.
Authorized unit (official seal):
Legal representative of authorized unit (signature):
Telephone number of legal representative:
Consistent with the reserved seal. Checker: Checker:
Date: Year Month Day