1. Who needs to sign the power of attorney?
The power of attorney of the company belongs to the general entrustment contract. If the company authorizes someone or an organization to handle the company's affairs on its behalf, it needs the signature of the legal representative and the official seal of the company to take effect. If it is a power of attorney issued by the unit, it needs to be stamped with the official seal and signed by the legal representative to take effect. The official seal of an enterprise can represent the company's behavior. If the company sends a non-legal representative to sign the contract, the other party must provide the power of attorney given by the company to avoid disputes caused by unclear authorization.
Relevant laws and regulations
According to the provisions of the third paragraph of Article 128 and Article 155 of the Company Law of People's Republic of China (PRC), the company only needs the signature and official seal of the legal representative to issue shares and physical bonds. In addition, there is no requirement that the power of attorney signed by the legal representative must also be stamped with the official seal of the company. Paragraph 2 of Article 48 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "a legal person shall be litigated by his legal representative. Other organizations are sued by their main responsible persons. " The legal representative has the right to directly represent his unit to the people's court to sue and respond, and his litigation behavior is the litigation behavior of his unit, which has direct legal effect on his unit. Since the legal person is represented by its legal representative, and the legal representative, as a natural person, has the right to entrust an agent to represent the lawsuit, the power of attorney signed by the legal representative is of course legally effective even if it is not stamped by the company. In addition, the first paragraph of Article 59 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "to entrust others to represent litigation, a power of attorney signed or sealed by the client must be submitted to the people's court". This clause also clearly stipulates that if a natural person entrusts another person to represent the lawsuit, it is of course the power of attorney signed by the natural person, while for a legal person or other organization, the legal representative or principal responsible person can be seen to sign or seal it. It only needs both here, that is to say, as long as the power of attorney is signed by the legal representative or principal responsible person of other organizations, it has legal effect, and the agent has the right to represent him in litigation. China's company law also does not stipulate that the legal representative must affix the official seal of the company before signing the power of attorney.
2. What are the precautions for signing an agency contract?
(a) Listen to the statements of the injured employees in detail, make corresponding conversation record, and ask the parties to sign, mainly recording the following contents:
1. Status of injured employees;
2, the employer profile (generally can tell the name of the unit);
3, when to establish labor relations, whether to sign a labor contract, whether to apply for work-related injury insurance;
4. Work and related responsibilities;
5. Salary and training;
6, labor protection and related protective measures;
7. The time, place, cause and injured part of the industrial accident;
8, treatment process, hospitalization time, medical expenses payment, the attitude and opinions of the employer after the injury;
9. Family members and general information of the injured employee;
10, the injured employee's own requirements and expectations.
(two) to check whether the relevant medical records and hospitalization certificates have ended, and whether there has been a medical situation.
(three) to investigate and verify the scene of the accident, and find out the following contents (in different places, it should be carried out after handling the entrustment procedures):
1, the name of the employer, the name and contact number of the person in charge of the unit or project;
2. Start time and completion time of the project (which should be consistent with the first work and injury time of the injured employee);
3. The project contractor brings a lawsuit to facilitate the property preservation when the project payment is withheld in the future;
4. Get in touch with witnesses (workmates) and leave contact information for investigation records;
3. Does the client need to sign the power of attorney?
At the end of the power of attorney, the client's signature should be written on the client's signature, and others should be entrusted to exercise their legitimate rights and interests. When the client exercises his functions and powers, he must show his legal documents. The trustor shall not abandon the entrusted matters for any reason.
If the client makes any rights and interests that violate national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.
Authorization by entrustment is a unilateral legal act, that is, as long as the principal expresses the intention of authorization, the agent enjoys the right of agency. If the agent is unwilling to accept the agency, he can resign (that is, give up the agency).
A power of attorney is a legal document issued when entrusting others to exercise their legitimate rights and interests.
The trustor shall not abandon the entrusted matters for any reason. If the client violates any rights and interests of national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests in the power of attorney, all the duties exercised by the client shall be borne by the client, and the client shall not bear any legal responsibility.
The above is the relevant contents of the power of attorney compiled for you. We can understand that if the power of attorney is issued by the unit, it needs to be stamped with the official seal and signed by the legal representative to take effect. Also, in the power of attorney, the signature of the authorized person is required, that is, the client signs it himself. This knowledge is not difficult to understand, but it is also very important. If you have any other questions, please consult a lawyer.