Authorized representative / power of attorney

Welcher Kaufmann wäre in der Lage, alle Arbeiten allein zu erledigen? In einem Kleinbetrieb mag das noch möglich sein. In einem mittleren oder gar größeren business muss er aber einem oder mehreren Angestellten ein Vertretungsrecht geringeren oder größeren Umfangs übertragen.

This right of representation is the power of attorney. One differentiates:

Special power of attorney (individual power of attorney)

She is z. For example, if you instruct a trainee to collect the amount of a receipted invoice. The special power of attorney therefore only applies to the individual case.

Kind power of attorney

Someone is commissioned to conclude transactions of the same type on an ongoing basis. Authorized representatives are, for example, buyers, salespeople, counter clerks, cashiers, chief accountants, warehouse managers and travelers. You can take legally valid actions in the area of work assigned to you.

Full power of attorney

It authorizes all business and legal acts that the operation of a commercial enterprise usually entails. This power of attorney in the true sense of the word is usually held by branch managers, often also department heads. The jointly authorized representative may not conclude any transactions outside the industry or transactions of an extraordinary size.

He may only sell and encumber land, take out loans, enter into bill liabilities and conduct legal proceedings with express permission for the company. Often, however, the “authorized representative” has extensive power of representation in all transactions and legal acts that the person represented could undertake himself.

Labelling

The proxy writes his name under the name of the principal.

In front of him or the name of the other person, he must add an addition from which it can be seen that he is signing “i. V. "or" for ". The special representative signs “i. A., usually also the authorized representative. The authorized representative signs by hand; the stamp or typewriter is sufficient for the company.

Granting power of attorney

Generally authorized representatives are simply referred to as “authorized representatives”. No mention is made of the first two types of power of attorney; they can be issued by anyone who has at least the same power of attorney. It is different with the granting of full power of attorney. The overall power of attorney can only be issued by the owner of a commercial transaction or his legal representative (e.g. managing director, authorized signatory).

The granting of the power of attorney is not tied to any form. It can be done tacitly or by express declaration. As a rule, however, the overall power of attorney is given by means of an express declaration. The company may notify business associates of the granting of power of attorney by circular letter or other suitable means.

Expiry of the power of attorney

The power of attorney expires:

by revocation. The revocation or withdrawal is permissible at any time regardless of a notice period

by leaving the legal relationship that the power of attorney entailed (e.g. with the departure of an employee)

through business dissolution (as a result of liquidation, opening of insolvency proceedings),

by selling the business.

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