First, how to handle the agency procedures?
If a party entrusts a close relative, a social organization or a person recommended by the party's unit as an agent ad litem, it must first sign an entrustment contract with the principal, and the power of attorney must prove the entrusted matters and authority. The power of attorney shall be signed or sealed by both the principal and the principal. Then, with the approval of the people's court, the agency is established. If the client is a citizen of China living abroad, his power of attorney must be certified by the embassy or consulate of China in that country, or by patriotic overseas Chinese organizations if there is no embassy. This is to ensure the authenticity of the power of attorney and protect the rights and interests of the parties and the proceedings.
If a party entrusts a lawyer as an agent ad litem, it must go through the entrustment formalities in a law firm. The parties may entrust their trusted lawyers and sign an entrustment contract with them after their consent. If a party cannot appoint a lawyer as his agent ad litem by name, or the lawyer appointed by himself does not agree to sign an entrustment contract with him, he may also appoint a lawyer as his agent ad litem at will to the law firm. After signing the entrustment contract with the lawyer, the parties concerned shall pay a certain amount of agency fee to the law firm (the specific amount depends on the case). Then submit the power of attorney signed or sealed by both parties to the people's court for review.
The parties may entrust one or two lawyers. If two lawyers are entrusted, they may be granted the same or different agency authority respectively. The scope of authorization granted by the parties to the entrusted agent may be changed, expanded or reduced. After the change of agency right, it shall notify the people's court and the other party. In the course of litigation, the parties may also terminate the entrustment, but they shall notify the people's court in writing, and the people's court shall notify the other party.
Two. What materials should be submitted to entrust an agent to attend the meeting?
Corporate shareholders shall be attended by the legal representative or the agent entrusted by the legal representative. If the legal representative attends the meeting, he/she shall present his/her ID card and valid proof of his/her legal representative qualification.
If an agent is entrusted to attend the meeting, the agent shall present his ID card and a written power of attorney issued by the legal representative of corporate shareholders unit according to law.
Third, how to entrust an agent ad litem
An agent ad litem is a person who represents a party with litigation capacity in litigation activities. According to the Civil Procedure Law and other relevant provisions, an agent ad litem shall abide by the following provisions:
(1) The parties (including plaintiff, defendant, joint litigant of XXX and third party), legal representatives and legal representatives may entrust agents;
(two) each party and the legal representative and legal representative can only entrust two agents ad litem at most;
(3) Lawyers, close relatives of parties, persons recommended by relevant social organizations or units, and other citizens permitted by the people's courts, regardless of gender, religion, belief, nationality, experience or nationality, may be entrusted as agents ad litem. However, foreign lawyers, including those from Hong Kong, Macao and Taiwan, cannot represent the litigation as lawyers.
(4) If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court, and the power of attorney must specify the entrusted matters and authority.
I'll tell you all about how to handle the agency formalities. To sum up, the act of entrusting others needs to be handled in accordance with legal procedures.