Authorization and power of attorney - what are the differences?
Authorization is delegating someone to perform activities on our behalf. Thanks to this simple letter, we can authorize third parties to appear before various offices or bodies on our behalf.
Authorization - Necessary Elements
It is especially important that the authorization expresses the will. In this respect, the authorization does not differ from the power of attorney, because the essence of the power of attorney and authorization is precisely the authorization of a specific person to perform activities on behalf of and for the entity to which the power of attorney or authorization has been granted. The difference is that an authorization is an authorization to perform activities entrusted by the authorizing person, and a power of attorney allows the person to whom the power of attorney was granted to express the will to the extent specified by the principal. Therefore, we will grant a power of attorney to conclude the contract on our behalf, and we will grant the authorization to submit the documents.
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A properly structured authorization should contain:
- place and date - in the upper right corner,
- correspondence address - in the upper left corner, slightly lower than the date,
- letter title - authorization,
- data of the authorizing person - name, surname, if it is a company, also name and company data, PESEL number of the authorizing person or ID card number
- data of the authorized person - name, surname, PESEL number or ID card number. It is important that the authorized person should be able to prove his / her identity during the performance of the activities.
- declaration of will and specification of the purpose for which the authorization is issued,
- legible signature of the authorizing person,
- if the authorizing entity is a company, the document should also bear its stamp.
Sample content that should contain the authorization
An example of the content of the authorization is presented below.
I, the undersigned Jan Kowalski, with an identity card with the number ATA 1111111, issued by the President of the City of Wrocław, running a business under the name Jan Kowalski Firma, NIP number 11111111, authorize my employee Andrzej Kowalczyk, who has an identity card number BAB 1111111, issued by the mayor of the city of Wrocław, to collect correspondence at the company's headquarters.
Forms in which the authorization is granted
It is also worth specifying the type of authorization, i.e. whether it will be permanent or one-off. It is also important to construct it correctly, i.e. to specify the specific activities we authorize. In the event of the delegation of too much powers, the authorizing person must take into account the possibility that the authorized person may exceed the scope of activities for which he was originally appointed. On the other hand, too narrow a mandate can make it impossible to act. Before granting the authorization, you should consider what specific activities you want to authorize and include this information in the document.
There are no legal restrictions on the persons we wish to authorize. It could be a family member, employee, or person outside of those circles whom we trust. However, we should remember that she performs acts on behalf of the authorizing person and that he bears the consequences of the authorized person's actions, as if they were performed personally.