1. Is the power of attorney signed by the contract agent valid?
A valid written power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal. A power of attorney is an expression of the will of both parties. In principle, the trustee needs to sign to express his consent to the entrustment, which will take effect once signed. However, if the trustee fails to sign, the act of the trustee showing the power of attorney to the third party can also be regarded as the recognition of the entrustment, and the entrustment will take effect. If the trustee cannot produce it, the trustee may terminate the entrustment at any time. As a client, if you want to ensure the entrusted matters, you'd better sign an entrustment agreement and ask the client to sign a power of attorney to avoid leaving hidden disputes.
Second, does the entrusted agent need to bear the responsibility?
If a contract is signed within the scope of agency authority, the principal shall bear the contract responsibility, and the entrusted agent shall not bear the responsibility.
If the agent signs a contract in the name of the principal without authorization, beyond authorization or after termination, if the principal ratifies it, the principal shall bear civil liability, and the entrusted agent shall not bear liability; Without ratification, the entrusted agent shall bear civil liability.
As long as the agent does not exceed the agency authority, he will not bear any responsibility. If the power of attorney is unclear, the client shall bear civil liability to the third party, and the agent shall bear joint liability. If the contract signed with the customer is beyond the scope of agency, it will bear all the adverse consequences caused by the contract.
Citizens and legal persons may carry out civil legal acts through agents. An agent carries out civil legal acts in the name of the principal within the scope of agency authority. The principal shall bear civil liability for the agent's agency behavior. In accordance with the provisions of the law or in accordance with the agreement between the two parties, civil legal acts that should be carried out by themselves shall not be represented.
The entrustment and agency of civil juristic acts can be in written form or oral form. If the law requires it to be in writing, it shall be in writing. The written power of attorney for entrusted agency shall specify the name, agency matters, authority and time limit of the agent, and shall be signed or sealed by the principal. If the power of attorney is unclear, the client shall bear civil liability to the third party, and the agent shall bear joint liability.
Within the scope of agency authority, the power of attorney signed by the contract agent is valid. The principal shall bear legal responsibility for the agency contract signed within the agency authority, and the entrusted agent shall not bear legal responsibility; A contract signed by an entrusted agent beyond his own agency authority or without agency authority shall bear civil liability. Entrusted by the principal, a person who carries out a civil juristic act in the name of the principal is an entrusted agent.