We currently live in an era of increasing digitalization. We are moving more and more activities to the online world, including administrative and civil matters. Can an entrepreneur grant a power of attorney via the Internet? Or is it better to use a document signed electronically?
A power of attorney is an authorization to perform a legal act by which the powerholder authorizes a person or persons (proxy/proxies) to perform specific legal acts on his/her behalf.
There are basically three types of power of attorney – general, generic and specific, and the form in which it is granted depends on the activities specified therein. According to art. 99 sec. 1 of the Civil Code, if a special form is required for the validity of a legal act, a power of attorney to perform this act should be granted in the same form. On the other hand, a general power of attorney should be granted in writing under pain of invalidity (Article 99 par. 2 of the Civil Code).
It is important to grant power of attorney only to trusted persons, because such a person will act on behalf and in the interest of the company. In addition, the proxy has the right to act on behalf of the powerholder only to the extent specified in the power of attorney, which is why it is so important to properly indicate the activities that are to be entrusted.
E-invoices and e-employee files are becoming the standard. So is it possible to grant a power of attorney via the Internet?
Currently, entrepreneurs can, among other things:
However, it is important to always take care of security, including cybersecurity. Make sure that the tools we use, such as electronic signatures, are secure and our passwords are properly protected.
Moreover, if the power of attorney is granted by an entrepreneur, one should remember to register such power of attorney in the Central Register and Information on Economic Activity (CEiDG) or in the National Court Register, respectively – this applies to commercial power of attorney.
In addition, if you have any doubts about a power of attorney, granted in a traditional form or online, it is always worth consulting a lawyer first. An expert will indicate the safest solution and help you choose the right form of power of attorney.
Are you looking for proven and safe solutions for your company?
ul. Hrubieszowska 2
01-209 Warszawa
Polska
+48 22 295 33 00
contact@tgc.eu
NIP: 525-22-71-480, KRS: 0000167447,
REGON: 01551820200000. Sąd Rejonowy dla
m.st. Warszawy, XII Wydział Gospodarczy