the power of attorney is the expression of both parties' will. In principle, it needs the signature of the trustee to show the approval of the entrustment, and it will take effect once it is signed. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. However, if the trustee fails to sign, the act of the trustee showing the power of attorney to a third party can also be regarded as recognition of the entrustment, and the entrustment becomes effective. If the trustee fails to show it, the trustee can 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 the power of attorney, so as to avoid leaving hidden disputes.
The contents of the power of attorney shall include:
1. The name of the client, which may be a natural person, a legal person or an unincorporated organization;
2. Entrusted matters refer to the scope of civil legal acts authorized by the principal to the principal. According to the different entrusted matters, entrusted matters can be divided into general agency and special entrustment;
3. Authority, the delegated authority is within the scope of agency matters, and what decisions can be made. Beyond the scope of authorization, it constitutes unauthorized entrustment beyond the authorization; There are no clear entrusted matters and entrusted authority, and the entrusted matters and authority are unknown.
4. Time limit, that is, the starting and ending time of the entrustment right;
5. The principal's signature or seal indicates who authorized the agent.
civil code of the people's Republic of China
article 49 if the parties conclude a contract in the form of a contract, the contract shall be formed when all the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
a contract shall be concluded in writing as stipulated by laws and administrative regulations or agreed by the parties. if the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established. Article 165 Where the power of attorney is in written form, the power of attorney shall specify the name of the agent, matters of agency, authority and time limit, and shall be signed or sealed by the principal.
No, if the trustee has not signed the power of attorney, it means that the trustee has not accepted the entrustment of the parties, so the power of attorney has no legal effect.
Legal basis:
Article 165 of the Civil Code of the People's Republic of China
If the power of attorney is in written form, the power of attorney shall specify the name of the agent, the agency matters, the authority and the time limit, and shall be signed or sealed by the principal.
Article 919 An entrustment contract is a contract in which the principal and the agent agree that the agent shall handle the principal's affairs.