A power of attorney sent via WeChat is legally binding. A power of attorney signed using WeChat is a power of attorney in written form. It shall be legally valid provided that both parties have corresponding capacity for civil conduct, the expression of intention is true, the content does not violate the mandatory provisions of the law, and does not violate public order and good customs. .
As long as it is the true expression of intention of both parties and does not violate legal provisions, it is valid.
However, in terms of legal risks, it is still recommended to use the original written form, in case a dispute occurs and it is difficult to prove the agreement of both parties at the time, thus failing to protect the rights and interests of the parties. If there is no power of attorney to sign the contract, it can be ratified later. The validity of the contract is pending. If the parties do not agree, the agreement will be invalid. Of course, if the ghostwriter has circumstances that show his agency, the contract is still valid. At the same time, we should also pay attention to the occurrence of another situation. If the power of attorney states the name of the agent, matters of agency, authority and time limit, and is signed or sealed by the principal, and the signed power of attorney is the true signature of both parties. It means that if the content of the power of attorney is legal, the power of attorney sent through WeChat has legal effect and has corresponding functions. If it does not meet the above conditions, the power of attorney is invalid and useless.
If you entrust someone else to litigate on your behalf, you must submit a power of attorney signed or sealed by the client to the People's Court. Those who are qualified to become civil litigation agents include lawyers, close relatives of the parties, etc. Among them, the parties’ close relatives designate their parents, children, brothers and sisters, etc. According to relevant legal provisions, the prerequisite for filing a civil lawsuit is that the parties concerned must be citizens, legal persons and other organizations that have a direct interest in the case. Under normal circumstances, filing a lawsuit requires the parties to file a lawsuit in the People's Court. However, if the party is unable to file the lawsuit himself due to physical or other reasons, he can entrust someone else to do so. The client must be a party with the capacity for civil litigation, or the legal representative of a party without or with limited capacity for civil litigation. The client for civil litigation must meet the conditions stipulated by law and sign a power of attorney. . The power of attorney must state the entrusted matters and authority of the parties involved. If a litigation agent files a counterclaim or appeal on his or her behalf, there must be special authorization from the client. If the principal needs to authorize a power of attorney abroad, the power of attorney must be sent or entrusted to the country of residence and must be certified by the Chinese embassy or consulate in that country.
I hope the above content will be helpful to you. If you have any questions, please consult a professional lawyer.
Legal basis:
Article 165 of the "People's Republic of China and Civil Code" If the authorization for an agent is in written form, the power of attorney shall specify the agent name, agency matters, authority and term, and shall be signed or sealed by the principal. Article 167 of the "People's Republic of China and Civil Code": The agent knows or should know that the agency matters are illegal but still performs agency acts, or the principal knows or should know that the agent's agency acts are illegal and does not object. , the principal and the agent shall bear joint and several liability.
Article 469 of the "People's Republic of China and Civil Code"
The parties may conclude a contract in written form, oral form or other forms.
Written form is a contract, letter, telegram, telex, fax, etc. that can tangibly express the content contained therein.
Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.
Article 491 of the "People's Republic of China and Civil Code"
If the parties enter into a contract in the form of letters, data messages, etc. and require the signing of a confirmation letter, the confirmation letter shall be signed. when the contract is established.
Article 59 of the "Civil Procedure Law of the People's Republic of China"
When entrusting another person to litigate on your behalf, an authorization signed or sealed by the client must be submitted to the People's Court. Power of attorney. The power of attorney must clearly indicate the entrusted matters and authority. An agent ad litem must have special authorization from the client to admit, waive, change claims, conduct settlement, file counterclaims or appeals on his behalf. The power of attorney sent or entrusted by citizens of the People's Republic of China living abroad must be certified by the embassy or consulate of the People's Republic of China in that country; if there is no embassy or consulate, it must be certified by the embassy or consulate of the People's Republic of China in that country. The certificate must be certified by the embassy or consulate of a third country with which the People's Republic of China has diplomatic relations in that country, and then certified by the embassy or consulate of the People's Republic of China in that third country, or by a local patriotic overseas Chinese group.