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Experts of "Palulin and Partners" clarified the controversial issue regarding the validity of a power of attorney when changing registration
A change in the permanent registration (place of residence) of the principal or their representative does not automatically terminate the validity of a power of attorney, regardless of whether it was notarized or issued by an organization. This legal rule follows from a systematic analysis of the Civil Code of the Russian Federation and is confirmed by consistent judicial practice, including decisions of higher courts.
Mamed Aliyev, Chief Lawyer at the law office "Palulin and Partners," comments: "According to Article 188 of the Civil Code of the Russian Federation, the exhaustive list of grounds for termination of a power of attorney does not include a change in the place of residence or registration of either the principal or the representative." The document loses force only in strictly defined cases, such as expiration of the term, revocation, refusal by the representative, termination of a legal entity's activities, death of a citizen, or recognition of them as legally incompetent. Thus, the mere fact of changing the registration address has no legal significance for the validity of the power of attorney.
The key role for identifying an individual in a power of attorney is played by the core details: last name, first name, patronymic, gender, date and place of birth. Passport data, including the registration address, are of auxiliary importance. "A change in this information does not invalidate the document if the main identifying characteristics match," emphasizes Mamed Aliyev. This position finds support in judicial practice, for example, in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 750/09 dated June 16, 2009, where a change in passport data (including registration) was not recognized as a ground for terminating a representative's authority.
Despite the clarity of the law, situations often arise in practice where notaries or public officials refuse to accept powers of attorney with outdated passport data. To minimize risks and avoid bureaucratic red tape, it is recommended to have documents on hand that confirm the continuity of identity, such as a valid passport with a mark indicating a previously issued one. In the event of an unlawful refusal, one should demand it in writing for subsequent appeal.
The most practical solution, although not required by law, is to promptly issue a new power of attorney with current data. This eliminates any disputes and delays, especially with regular use of the document. For legal entities, a change of legal address also does not terminate the validity of a previously issued power of attorney; however, to minimize risks, it is advisable to update such documents as well.
The law safeguards the stability of civil transactions, and a power of attorney does not lose force due to a change of registration (propiska). However, to eliminate any contentious situations, specialists at the law office "Palulin and Partners" recommend updating the document in a timely manner, ensuring impeccable legal clarity for transactions and legal actions.
