The law does not stipulate how to make the power of attorney, as long as it is signed or printed by the client. As long as a reasonable power of attorney is signed, it generally has the legal effect of the power of attorney, but the difference is that the legal effect of the power of attorney may be different under different circumstances. Mainly depends on whether the corresponding effective procedures have been carried out to prove it, otherwise the legal effect may still be problematic. As long as it is the true intention of the parties and signed by themselves, it is valid. In terms of effectiveness, the notarized power of attorney will be more credible.
The entrusted agent must be authorized, and the principal will grant the agency to the agent, and the agent will have the right to carry out civil legal acts on behalf of the principal. The authorization of principal-agent is a necessary behavior. The principal and the agent shall first sign a written contract, according to which the principal will issue a power of attorney to the agent.
The contents of the power of attorney shall include:
1, name of agent, which can be a natural person, legal person or unincorporated organization;
2. Agency matters refer to the scope of civil legal acts authorized by the principal to the agent. According to the different agency matters, agency matters are divided into general agency and special agency;
3. Authority and agency authority are matters within the scope of agency, so what decisions can be made. Beyond the agency authority, it constitutes an unauthorized agency; There is no clear agency matters and agency authority as agency matters and agency authority is unknown.
4. Time limit, that is, the starting and ending time of agency right;
5. Signature or seal of the principal, indicating who the entrusted agent is.
legal ground
People's Republic of China (PRC) Civil Code
Article 165 Where the power of attorney entrusts an agent with written authorization, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal.