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. 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 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.

The contents of the power of attorney shall include:

1, the name of the client, which can 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 are divided into general agency and special entrustment;

3, authority, authority is within the scope of the agency matters, what kind of decision can be made. Beyond the scope of authorization, it constitutes ultra vires entrustment; There is no clear entrustment and authorization authority, and the entrustment and authorization authority are unknown.

4. Time limit, that is, the starting and ending time of the entrustment right;

5. Signature or seal of the client, indicating who authorized the agent.

legal ground

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when 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 written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established. Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.