You will need
- Notice of cancellation of power of attorney issued personally against receipt, notice by mail or through a notary.
Under current law, a special form of cancellation of a power of attorney is not provided. A person who wishes to revoke a power of attorney can do it in person, taking proper receipt from the person to whom it was given, where it would be witnessed, that the representative notice of cancellation of power of attorney. To explain the reasons of the revocation the owner of the car is not required.
If this is not possible, you can use the services of mail by sending a letter with return notification. The same action can be done through a notary.
Notary services is especially desirable if there is a need to record the fact and timing of the transfer or cancellation of power of attorney. The notary, at the request of the person who filed the application for revocation, shall issue to him a certificate of transfer of this statement.
When revoking power of attorney the owner of a car must inform about this fact is not only the representative but also third parties, in this case the corresponding registration division of traffic police. A similar duty falls on the shoulders of the heirs in case of death of the owner of the car.
If a car owner has withdrawn the power of attorney and did not warn the other party that was issued the power of attorney, the possibility of negative legal consequences. This is because the legal consequences of terminating a power of attorney comes at a time when the representative found out, or should be, to learn about its abolition. So, if the power of attorney was cancelled, for example, may 5, and the representative found out about it only on may 25, the transaction of purchase and sale of cars, decorated to the 25th of may, will be recognized.
The fact of cancellation of General power of attorney should be done in the presence of witnesses who could confirm it in case of disputes.
Advice 2: How to cancel power of attorney
General power of attorney is issued for a period of three years on the basis of article 185 of the civil code. The Trustee may at any time revoke the power of attorney issued from their authority may refuse the Trustee (article 188 of the civil code). For this it is necessary to observe a number of requirements referred to in article 189 of the civil code.
You will need
- - passport;
- - the statement;
- receipt about payment of state duty;
- - registered letter with the investment inventory.
If you are a client and plan to cancel the General power of attorney before the expiration of its term, contact the notary at the place of issue of document. Write an application, pay the state fee for services. The reason for the cancellation of power of attorney you have the right to specify, as the article No. 188 of the Civil code provides that the Trustee has the right to cancel granted General power of attorney without explanation.
Notify your Trustee about the cancellation of General power of attorney. To do this, send him a notice by registered mail with the investment inventory, which will be awarded on receipt.
Within three working days of receipt of the notice, the Trustee shall apply to a notary public and return the document issued.
If you are a Trustee and want to reject the credentials submitted to you by General power of attorney, to apply to the notary at the place of issuance of the document. Pay the state fee for service, show your passport and return the issued document of General power of attorney.
Send to his principal a written notice by registered mail with the investment inventory. It must be done immediately after you refused proxy and returned it to the notary office at the place of issuance.
If neither the settlor nor the Trustee has not abandoned the General power of attorney, the validity period ends automatically after 3 years from the date of issuance.
Legal transaction in cancelled or expired power of attorney is considered null and void. Therefore, all persons dealing with a Trustee, you must make sure that the power of attorney is valid, and the transaction does not recognize null and void. It is enough to contact the notary office at the place of delivery of the document to verify its authenticity and that the validity of the General power of attorney has not expired.