AUTHORIZATION TO PARTICIPATE IN COURT PROCEEDINGS AND ISSUES THAT NEED ATTENTION
Currently, for various reasons, many litigants do not directly participate in court proceedings but instead authorize individuals or organizations to represent them, and the practice of authorizing others to participate in proceedings is growing increasingly common. The authorized representative of the litigant participates in the proceedings to protect the legal rights and interests of the authorizing litigant. Therefore, the authorizing litigant will not take much time and effort to contact and work with the court but can through an authorized representative work and participate in litigation at the Court. However, in order for the Court to approve the authorization, what issues do litigants need to pay attention to? The following article will present issues that need to be kept in mind when authorizing participation in proceedings.
1. Authorizing party and authorized party
During the process of participating in court proceedings, the authorizing party is the litigant participating in the proceedings; the authorizing party can be an individual or a legal entity. Clause 1 Article 85 of the 2015 Civil Procedure Code stipulates as follows: “The representatives in civil procedures comprise the representatives at law and the proxy representatives. The representatives can be individuals or legal entities as defined in Civil Code”, accordingly, the authorized party can be either an individual or a legal entity. Therefore, both the authorizing party and the authorized party can be individuals or legal entities, with the authorizing party being required to be a litigant in the civil case.
Determining the authorizing party and the authorized party leads to the following two cases:
– At least one party is a legal entity: In this case, the parties are not required to notarize the Power of Attorney at the Notary Office
– Both the authorizing party and the authorized party are individuals. In this case, the parties are required to notarize the Power of Attorney at the Notary Office.
Currently, the 2014 Law on Notarization and the 2015 Civil Code do not have any regulations on “Power of Attorney” and the notarization of the Power of Attorney at the Notary Office. However, according to the Lawyer’s experience participating in litigation, in cases where the parties are individuals, the Court will require the Power of Attorney to be notarized at the Notary Office for it to be considered a legitimate document. In cases where at least one party is a legal entity, the Court typically does not require notarization. Therefore, the parties should pay attention to this matter before proceeding with the authorization.
2. What content is required in a Power of Attorney
Normally, the Power of Attorney has to contain the following main contents:
– Information of the Authorizing party and the Authorized party
– Content of authorization
– Scope of authorization
– Term of authorization
The Power of Attorney is made by an authorizing party and is different from the authorization contract which is the agreement between the parties, so the Power of Attorney only requires the signature of the authorizing party and does not require the signature of the authorized party.
If both the authorizing party and authorized party are individuals, and the Power of Attorney is notarized at the Notary Office, the Notary will typically request that the Power of Attorney be prepared according to the template provided by the Notary Office. However, based on the will of the parties, the notary will draw up the content of the Power of Attorney, so it is necessary to pay attention to the content of the scope of authorization and term of authorization to avoid disputes regarding the authorization relationship (if any).
3. How to submit Power of Attorney to the Court
For the Court to recognize the Power of Attorney and the authorization of the litigants as legitimate, in addition to notarization, the litigant should be careful to submit the original Power of Attorney to the Court and not submit copies or notarization copies. Therefore, the parties need to consider the number of Powers of Attorneys to be made. Accordingly, each authorizing party and authorized party should store 01 original after submitting it to the Court.
The above are TNTP’s legal shares on authorization when participating in court proceedings and issues that need attention. Hope this article is useful to you.
Sincerely,
TNTP & ASSOCIATES INTERNATIONAL LAW FIRM
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