1. According to the actual situation of the entrusted matters, if the entrusted party does not need to issue a power of attorney from the entrusting party when handling the entrusted matters, it may not issue a power of attorney;
2. According to the needs of the entrusted matters, if the entrusting company is authorized to sign the contract on its behalf or a third party requests the entrusting party to issue a power of attorney, the entrusting company shall issue a power of attorney to the agency.
The specific contents of the power of attorney include the following:
1. Name, gender, date of birth, occupation and current address of the client and trustee. If the client is a legal person, the full name, address and name of the legal representative of the legal person shall be stated;
2. Entrust matters must be written clearly and specifically. It should be noted that in civil agency, the matters entrusted by the agent must be civil acts with legal significance and certain legal consequences;
3. The scope of authority entrusted is the effective basis for the agent to carry out the agency behavior, and the lawyer must write clearly when writing the power of attorney.
To sum up, the contract signed by others without power of attorney is invalid. 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.
Legal basis:
Article 162 of the Civil Code of People's Republic of China (PRC)
A civil juristic act carried out by an agent in the name of the principal within the scope of agency authority is effective for the principal.
Article 163
Agents include entrusted agents and legal agents.
An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law.
Article 17 1
If the actor has no power of agency, exceeds his power of agency or terminates his power of agency, he will still carry out the agency act, and it will have no effect on the principal without ratification by the principal.
The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.