国际委托书/授权书

 

国际委托书/授权书International-Authorization-Letter

 

委托书/授权书(总体说明:

通常情况下,国际代理在办理国际无犯罪证明、国际文件的海牙认证、国际文件的使馆认证时,各国政府机构都不需要委托书或授权书。

不过,有少数政府或者政府的少数事项,需要授权书,授权书依据严格程度不同,分为:

(1)手写签字的授权书的复印件或扫描打印件在该国即可正常使用;

(2)去对应的使馆,用使馆的授权书模板当面签字,使馆当面盖certified章,然后将授权书邮寄到该国才可使用;

(3)需要走正规的跨境委托书使馆流程:先本国公证处公证,然后进行该国使馆认证,然后邮寄到该国使用。

 

以下以俄罗斯为例:

以俄罗斯为例,大致有2种办法办理:

(1)去俄罗斯使馆,按照俄罗斯使馆的委托书模板签字,然后邮寄给代办人即可;

(2)走正规的跨境委托书流程:先公证处公证,然后使馆认证,然后邮寄。

 

Do you need the power of attorney if whoever delivers the documents to have them apostilled is not the owner?

According to the Hague Convention, anyone can request it without authorization from the holder of the document. In Russia, educational qualifications are once again an exception: to have them apostilled, a notary or consular power of attorney is required from the holder of the documents.

What to do if it is necessary to affix the apostille on the school diploma, and the holder of the diploma is still a minor?

If the holder of the diploma is over 14 years old, according to Russian law the power of attorney must be drawn up as follows: the minor in question between the ages of 14 and 18 and one of his legal representatives (mother or father) with their passports, as well as with the birth certificate of the minor. In the power of attorney the notary (consul) certifies the authenticity of the signatures of both parties. In this way, the minor acts with the consent of his parents.

What to do if the owner of the document is abroad, but it is necessary to sign the power of attorney to affix the apostille on the degree (school) diploma?

In this case there are two ways to draw the power of attorney: at the local notary or at the Russian consulate in this country. Both solutions have their pros and cons.

Pro of the notarial deed at the Russian consulate:

·     the power of attorney will be drawn up in Russian. No further legalization is required, the document can be immediately sent to Russia;

·     consular fees, as a rule, are much lower than the notary fees of local notaries.

Cons of the notarial deed at the Russian consulate:

·    as a rule, it is necessary to make an appointment first, moreover the appointment is fixed for a date not earlier than one / two months after the request for an appointment (at least this is the situation of the Russian consulates in Italy and Spain). Therefore, if you have decided to draw up the power of attorney at the consulate, absolutely contact them before going there.

·     Russian consulates are located in the capital or in the largest cities of the country, while the applicant may live in a small city, far from the consulate, sometimes even a few hours' flight from it. These trips could be more expensive than consular fees can save, and what's more, not everyone has the opportunity to travel that far from their home.

Pro of the notarial deed at the local notary:

·     it is possible to make an appointment and, consequently, to go to the notary very quickly, which allows the power of attorney to be drawn up literally in numbered days;

·    of notaries, as a rule, are found in every inhabited center, even in the farthest from the capital.

Cons of the notarial deed at the local notary:

·     as a rule, notary fees are significantly higher than the value of consular fees;

·    the power of attorney will be drawn up in the national language of the country. Furthermore, it will be necessary to legalize the power of attorney for the Russian Federation (affix the apostille or carry out the consular legalization procedure).

IMPORTANT ASPECT: the apostille or consular legalization is possible only in the country where the document was issued, while the notarized translation of the power of attorney drawn up by the local notary we strongly recommend to do it in Russia.

Firstly, in Russia it is much easier to obtain a compliant translation of the legal text into Russian. Secondly, once the translation has been authenticated abroad, however, you will not be able to avoid parts of the text in a foreign language on the document (at least the notary's authenticating handwriting, its stamp, stencil, the text of the apostille will necessarily be in a foreign language, and you will not be able to do anything about it.

Does the foreign notary or the Russian consul know what to write in the power of attorney?

That's the point, no. Even if he knew (the consul, not the foreign notary, of course), we would not advise relying on his models which may be outdated, incomplete and not contain all the faculties they need.

YOURSELF will have to provide the consul (notary) with the model of the power of attorney necessary to avoid the situation in which the power of attorney drawn up according to all the rules is not accepted in Russia due to defects in the content.

Following the "troubled" period that our country has gone through, the Russian state bodies require powers of attorney with the powers indicated in the greatest detail. There are no powers of attorney "for all cases of life" or, as some of our clients like to call them, "general powers of attorney".

It is not sufficient to indicate “representing the principal's interests in such entities”. Each step, each action of the agent that has a legal value must be indicated in the power of attorney. If you have had to do, for example, with the power of attorney for judicial matters, you will have seen that the list of faculties occupies two / three pages of dense written text.

Therefore, it is evident that, if you are not a specialist, it is not possible to correctly structure the model of the power of attorney you need.

How to act correctly to draw up a power of attorney that is accepted without problems in Russia?

Based on our many years of work experience with our citizens living abroad and foreigners, we have developed a precise algorithm for the preparation of powers of attorney for any type of faculty.

Therefore, the preparation phases of the power of attorney if you are abroad:

·    decide who will carry out your assignment in Russia (for example, deliver and obtain a bachelor's degree from the Department of Education for the purpose of affixing the apostille);

·    ask your Russian representative for the model of the power of attorney. If the specialist provides these services on a professional level, he must have a model of such power of attorney. In the case of more complex faculties, for example, we ask the notary to provide the model we need or we draw it up ourselves taking into account the requests of the relevant Russian state body;

·    if you sign the power of attorney at the Russian Consulate, you must make an appointment well in advance, and provide the appointment with the model of power of attorney obtained from your representative in the Russian Federation;

·    if you sign the power of attorney with the local notary, the form in Russian must be translated into the national language of the country in which you are located;

·    if the power of attorney is drawn up at the Russian Consulate, you just need to send it to your Russian representative;

·    if the power of attorney is drawn up at the local notary, it will then be necessary to affix the apostille or make a consular legalization. It is possible to inquire about the subsequent stages of legalization at the same notary: the latter must know which local authorities can be contacted for the consequent legalization of the document (it must be borne in mind that in no country in the world, as our clients often believe, are notaries themselves they do not affix apostille and do not carry out consular legalizations!).

Then, send the power of attorney to your Russian representative who will carry out the notarized translation of the document in Russian through a translation agency in Russia,

IMPORTANT! When translating from the foreign language into Russian it is necessary to use the initial text of the power of attorney in Russian, so that all formulas remain just like those present in the initial text. Legal language does not admit arbitrariness: each sentence must be exactly as in the model referred to in the previous point.