As long as both parties have the civil capacity to sign the power of attorney, their intentions are true, and the entrusted matters do not violate existing laws and regulations, the power of attorney is legal and valid.

If it is a foreign-related civil power of attorney, it must be notarized by a notary public before it can be legally effective.

Article 55 of the "General Principles of the People's Republic of China and Civil Law" Civil legal acts shall meet the following conditions:

1. The actor has the corresponding capacity for civil conduct; < /p>

2. The intention is true;

3. It does not violate the law or social public interests.

Article 65 of the "General Principles of the People's Republic of China and Civil Law": Agency for civil legal acts can be in written form or verbally. If the law requires a written form, the written form shall be used.

A written power of attorney for an agent shall state the name of the agent, matters of agency, authority and period, and shall be signed or sealed by the principal.

If the authorization in the power of attorney is unclear, the principal shall bear civil liability to the third party, and the agent shall be jointly and severally liable.

Article 264 of the "Civil Procedure Law of the People's Republic of China" Foreigners, stateless persons, foreign enterprises and organizations without residence within the territory of the People's Republic of China Entrust lawyers from the People's Republic of China or others to represent you in litigation.

A power of attorney sent or entrusted from outside the territory of the People’s Republic of China and the People’s Republic of China must be certified by the notary authority of the country where it is located and must be approved by the embassy or consulate of the People’s Republic of China and the People’s Republic of China in that country. It will be effective only after it has been authenticated, or the certification procedures stipulated in the relevant treaties between the People's Republic of China and the country where it is located have been completed.

Extended information

The power of attorney must comply with relevant legal regulations.

See: Article 65 of the General Principles of Civil Law: The agency for civil legal acts can be in written form or verbally. If the law requires a written form, the written form shall be used.

A written power of attorney for an agent shall state the name of the agent, matters of agency, authority and period, and shall be signed or sealed by the principal.

If the authorization in the power of attorney is unclear, the principal shall bear civil liability to the third party, and the agent shall be jointly and severally liable.

Article 66: The principal shall bear civil liability only if the principal has ratified the act without the authority of agency, exceeded the authority of agency, or acted after the termination of the authority of agency. For acts that have not been ratified, the perpetrator shall bear civil liability. If I know that another person has committed a civil act in my name without denying it, it shall be deemed to be consent.

A power of attorney is a type of legal document and has legal effect. But their legal scope depends on the type of power of attorney. Entrustment is divided into general entrustment and agency entrustment.

Generally, the entrusted person must carry out legal activities (such as litigation, making a will, property division, etc.) according to the will of the principal. The principal shall not give up the rights of the principal or dispose of the property without authorization, otherwise invalid.

The client of an agency entrustment shall enjoy all the rights of the client (such as property disposition, withdrawal of lawsuits, etc.) and shall have the same legal effect as the acts of the client. The form of power of attorney can be divided into oral and written forms, and is generally written. Notarization is to make the power of attorney have the effect of direct evidence (there is no need to identify the authenticity of the power of attorney unless there is definite evidence). Therefore, fairness only plays a strengthening role and is not a necessary condition for the power of attorney to be legally effective.

Baidu Encyclopedia-General Principles of the People's Republic of China and Civil Law