How does the power of attorney have legal effect? 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. In litigation, it refers to the certificate that the entrusted agent has obtained the qualification of litigation agent and conducted litigation for the client, which mainly includes the entrusted matters and the agency authority, and is signed or sealed by the client. However, in the process of other civil legal acts, there may also be authorized legal documents. In Hong Kong, this kind of power of attorney will be formed in the form of a contract, entrusting part of the individual's rights to others. It is most commonly used in property management. For example, if the owner has emigrated to a foreign country and has a property in Hong Kong, he can entrust a trustworthy person to manage it for him, or he can ask the trustee to rent or sell the property for him through a power of attorney. Effectiveness of power of attorney issued by overseas parties The people's court shall examine the power of attorney issued by overseas parties according to the specific circumstances of different parties. If it is a natural person, a power of attorney shall be issued by him or his legal guardian; For a legal person, it shall be issued by its legal representative or the department or individual that has the right to issue a power of attorney; If it belongs to other organizations, it shall be issued by its responsible person. The power of attorney issued by the above parties shall be notarized and authenticated, otherwise it will have no legal effect.
Legal basis:
Article 9 19 of General Principles of Civil Law of People's Republic of China (PRC) is a contract in which the client and the trustee agree that the trustee shall handle the client's affairs.
Derivative problem:
What are the provisions of the Civil Code on power of attorney?
1. If the power of attorney is in written form, 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.
2. Where several persons are the same agent, unless otherwise agreed by the parties, their respective agents shall exercise their agency rights.
3. If the agent knows or should know that the agency matters are illegal and still carries out the agency behavior, or if the principal knows or should know that the agent's agency behavior is illegal and does not raise any objection, the principal and the agent shall bear joint liability.
4. An agent may not carry out a civil juristic act in the name of the principal and in his own name, except with the consent or ratification of the principal.
An agent shall not, in the name of the principal, carry out a civil juristic act at the same time with other people he represents, except with the consent or ratification of the principal.
5. If an agent needs to entrust a third person, it shall obtain the consent or ratification of the principal.
If the entrusted agent is approved or ratified by the principal, the principal may directly instruct the entrusted third party on the agency affairs, and the agent is only responsible for the choice and instruction of the third party.
Where an agent is entrusted without the consent or ratification of the principal, the agent shall be liable for the acts of the entrusted third party, except that it is necessary to entrust it to a third party in an emergency to safeguard the interests of the principal.
6. Personnel who perform the tasks of legal person or unincorporated organization shall carry out civil legal acts in the name of legal person or unincorporated organization on matters within their functions and powers, which shall be effective for legal person or unincorporated organization.
The restriction of a legal person or an unincorporated organization on the scope of functions and powers of a person performing a task shall not be opposed to a bona fide counterpart.
7. If the actor has no power of attorney, exceeds the power of attorney or continues to act as an agent after the termination of the power of attorney, it will have no effect on the principal without ratification by the principal.