The power of attorney is the expression of the true meaning of the parties, and the parties have civil capacity. The contents of the power of attorney do not violate the mandatory provisions of the law and the power of attorney is valid. According to relevant regulations, a civil juristic act that meets the following conditions is valid:
1, the actor has corresponding capacity for civil conduct;
2. The meaning is true;
3, do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.
The power of attorney of the legal representative is a legal document that an enterprise as a legal person entrusts others to act as an agent for a certain legal act. When the legal representative is unable to personally represent an act, he may entrust others to handle it through authorization. At this time, it is necessary to make a power of attorney of the legal representative, and the client carries out activities within the scope of authorization, which has direct legal effect on the client.
Matters needing attention when filling in the power of attorney of the legal representative include: the basic information such as the client's name, gender, age and position and the scope of authorization must be stated, instead of simply writing "full authorization", the content of authorization should be stated item by item. Where an agent is entrusted to litigate, the authority of the agent in the process of litigation, whether he has the right to give up and admit the claim, whether he has the right to counterclaim, whether he has the right to reconciliation, etc. shall be clearly stated. If you don't specify, you think you don't have these specific rights, only the right to litigation. If a contract is signed, it should be clear under what conditions and within what scope the contract is valid, and beyond this scope it is invalid.
Article 165 of the Civil Code of People's Republic of China (PRC) * * * If 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 client.
Article 173 The entrusted agency shall be terminated under any of the following circumstances:
(1) The agency term expires or the agency affairs are completed;
(2) The principal cancels the entrustment or the agent abandons the entrustment;
(3) The agent loses the capacity for civil conduct;
(4) The agent or the principal dies;
(5) The legal person or unincorporated organization acting as an agent or principal terminates.