• Attention Power

  Filed under News
  Aug 17

  As often seen in the company's representative power of attorney, issued the day of the contract or the day of the general meeting of shareholders. And what is the surprise of those representatives, when they say that their power of attorney is invalid. On this issue there are two opposing points of view. Suna Said Maslin addresses the importance of the matter here. Let us examine them in detail. The first point of view – "Come Tomorrow" Some lawyers believe that you need to carefully read the Civil Code of the Russian Federation, and in particular articles 186 and 191.

  Article 186 of the Civil Code establishes that the beginning of the calculation period is determined by the date of the commission attorney. And in Article 191 stipulates that within the period specified period of time, begins the day after the calendar date or event that defined the beginning. Thus, ruled the day of the proxy, which determines the beginning of the period of his calculus. It is for this because, as indicated by the proponents of this view, the powers of a representative by proxy having the next day after the attorney. The second point of view – "Today I want to" Article 191 of the Civil Code shall be construed erroneous. "Firstly, the complicated implementation of civil rights through their representatives, and in some cases it is impossible. Example: A shareholder wanted to exercise their right to attend the general meeting shareholders through personal presence on it, but on the day of the meeting suddenly broke his leg and was taken to hospital, having lost the opportunity to attend the meeting.

  Institute of representation by proxy readily agreed to this problem. However, the interpretation of 'mature' power of attorney by such shareholder generally will not be able to exercise their rights: either personally or through representatives. Unfortunately, not every shareholder – Nostradamus to foresee their injuries, and advance for the day, issue the relevant power of attorney "(D. Ogorodov) Issuance of a power of attorney is one-sided bargain, and hence the transaction granting power of attorney, the provisions of the treaties. Treaty enters into force and becomes binding on the parties since his imprisonment (Clause 1, Article. 425 Civil Code). Time of the transaction (contract) is the moment when all the participants of transactions expressed their will, rather, when appropriate the will was brought to the second side – the agreement recognizes the prisoners at the time of a person who has sent the offer, its acceptance (Sec. 1, Art. 433 CC). This does not prohibit the sending attorney to specify in a period of authority representative. How can that be? What is the point of view to stick – you decide. Each of them can compete and bring a lot of reasons, depending on whose side will be in this dispute. For example, If you set a task is not allowed to participate in general shareholders' meeting of members of particular shareholder, the point of view may be one, but if you're just representative of that same shareholder who was not allowed to meeting, the point of view totally opposite. I came to this conclusion: you never know on what side of the barricades "and you will find yourself on a supporter of any point of view will stumble, and contrive an endless controversy rather than to hold an assembly or contract – is meaningless, and therefore strongly recommend to issue a power of attorney the day before that event, for which it is issued, and will not be any problems.

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