Traditional Culture Encyclopedia - Hotel reservation - Personal power of attorney
Personal power of attorney
Personal Power of Attorney 1 Client: Name _ _ _ _ _ _ _ Sex _ _ _ Age _ _ _ _
2. I acknowledge all the relevant documents signed by the agent within the scope of its authorization, and the legal rights and obligations arising therefrom shall be enjoyed and borne by the principal.
The agent has (or does not have) the right to entrust.
Client: (signature or seal)
Date, year and month
Personal Power of Attorney Chapter II I. Format of Personal Power of Attorney
There is no fixed format requirement for personal power of attorney. In order to express the meaning completely and avoid risks as much as possible, it mainly includes the following parts.
1. Basic information of the principal and the trustee
Generally including the name, gender, position, ID number, contact address and telephone number of the principal and the trustee. The basic information should be as complete and detailed as possible, so as to facilitate the third party to consult relevant information and notify relevant matters. In practice, it is not necessary to express all these basic information, but the ID number and contact number are essential. The power of attorney is signed by the principal and issued to a third party, indicating that the agent has a power of attorney, so the power of attorney should include not only the basic information of the agent, but also the basic information of the principal.
2. Delivery unit
In the case of power of attorney, the delivery unit refers to the third party with whom the trustee has an agency relationship in the name of the principal. If the third party has been identified in advance, it is necessary to add the sending unit to the power of attorney, which can fix the scope of use of the power of attorney, and the trustee will send the power of attorney to others, which has no legal effect on the client. After all, the trustee is not the principal himself, but a tool for the principal to do things, so there is the possibility that he may not do his duty and infringe on the interests of the principal. It is clear that the delivery unit can limit the risk of misconduct of the trustee as much as possible.
3. Entrust matters
To put it simply, the entrusted matter is what the client entrusts the trustee to do with the third party. The entrusted matters must be clearly expressed, and the power of attorney must clearly list what the trustee wants to do, so as to anticipate the scope of the trustee's behavior and control his own risks. If the entrusted matters are not clear, based on the protection of the trust of the third party by legal documents, the power of attorney will be considered unclear, which will make the principal and the trustee jointly and severally liable to the third party.
Because the authorization is not clear, the trustee may exceed the original intention of the principal, but the principal will bear the responsibility for it; The trustee should do things for others, and the consequences of his actions should be borne by the principal, but because the authorization is not clear, he bears supplementary joint liability. Therefore, if the entrusted matters are unknown, there is no risk to the third party, but the risk to the principal and the trustee is greater.
4. Delegation of authority
What the trustee is allowed to do has been clearly expressed in the entrustment matters. Next, it is necessary to explain how much authority the trustee can do this, that is, the delegation authority. The agency authority of the trustee can be divided into "broad authorization" and "narrow authorization". Wide authorization, as the name implies, has wider agency authority, and the trustee can do more things. Compared with the third party, extensive authorization is convenient for the trustee to do things.
Advantageously, the agent can make the final decision by himself without reporting everything to the customer, which can improve the efficiency of doing things. The risk of too wide authorization to the client is that it is difficult to prevent the risk caused by the trustee's misconduct. In a narrow sense, authorization means that the scope of authorization is relatively narrow, and the trustee may just be a mouthpiece, and everything needs to be reported to the client, waiting for the client to make a decision.
Whether it is broad authorization or narrow authorization, the authorization authority should be clearly stated, and what authority the trustee has should be listed one by one, so as to avoid the legal risk of unclear authorization by adding the word "such as" after listing the authorization authority. What is worth saying in the wide authorization is the issue of full agency.
Second, the issue of personal power of attorney.
1, discretionary agency, also known as discretion, simply means that the principal can do what the trustee can do. Because the authority of the authorized agent is too great, but the agent is not the principal himself, and can't protect his own interests like the principal, so the law still has restrictions on the authorized agent. Agency can be divided into civil agency and litigation agency. The former refers to the implementation of civil acts by agents, while the latter refers to the implementation of civil acts by agents.
2. On the occasion of litigation agency, the law clearly stipulates "full agency". Article 69 of the Opinions of the Civil Procedure Law clearly stipulates that if the power of attorney only states "full power of attorney" without specific authorization, the agent ad litem has no right to admit, abandon or change the claim, make a settlement, file a counterclaim or appeal on his behalf. That is to say, the agent ad litem must have the specific special authorization of the parties if he wants to impose the above-mentioned punishment on the substantive rights of the parties or the litigation rights closely related to the substantive rights. If it is only expressed as "authorized agent", the agent ad litem has no right to carry out the above acts.
3. On the occasion of civil agency, the definition of "full agency" is not as clear as that of litigation agency. In the case of civil agency, if the power of attorney specifies "full agency", it will generally be deemed as valid, and the agent can represent the principal, and the consequences of the agency behavior will be borne by the principal.
In the case of civil agency, "full agency" may also be considered as unclear authorization, which makes the principal and agent jointly and severally liable to the third party. Therefore, in civil agency, it is still necessary to write clearly the agency authority of the agent, and do not write the full agency just to save trouble. Here is an example of full agency in civil agency.
Chapter III of Personal Power of Attorney to _ _ _ _ _ _ _ Company:
I have _ _ _ _ _ (name), and my ID number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If disputes arise from this, our unit will be responsible for handling them!
(Official Seal of the Company)
_ _ _ _ _ _ _ _ _ _ _ _
Personal Power of Attorney Article 4 I (name) am the legal representative of (name of bidder), and hereby entrust (name) as our agent. According to the authorization, the agent signs, clarifies, submits, withdraws, modifies (project name) the bidding documents for equipment supply, signs contracts and handles related matters in our name, and the legal consequences shall be borne by us.
Entrustment period:
The agent has no right to entrust.
Attachment: Identity Certificate of Legal Representative
Applicant:
Legal Representative: (Signature)
ID number:
Authorized Agent: (Signature)
ID number:
date month year
note:
Personal Power of Attorney Chapter V Client: (hereinafter referred to as Party A)
Trustee: (hereinafter referred to as Party B)
According to the Contract Law of People's Republic of China (PRC) and relevant regulations, both parties have reached an agreement on the matter that Party A entrusts Party B to lease its own property. The specific terms are as follows:
Article 1 Location, area and use of real estate
1. Party A entrusts its own building unit number located in Badaling Hot Spring Tourist Resort, Yanqing County, Beijing with a building area of square meters (hereinafter referred to as the House) to Party B for lease.
2. If Party B needs to change the internal structure and use space of the house, it must obtain the written consent of Party A in advance.
Article 2 Term of entrustment
The first entrustment period is five years: from year to year. After the expiration of the first entrustment period, both parties shall negotiate to renew the lease agreement.
Article 3 Lease sequence of houses
1. The house lease orders entrusted to Party B shall be automatically sorted by computer program in strict accordance with the order of signing this agreement. The password for modifying this program will be mastered by the future owners' committee, and no one else may change it privately. Party A and Party B can only enter or inquire, and shall not modify it without the consent of the owners' committee.
2. If Party A uses the house by itself within the entrustment period, the computer program will automatically put the house in the last place and reorder it. This agreement signed by Party A and Party B will remain valid.
3. If Party A needs to use the house for its own use, it shall notify Party B one day in advance on working days and three days in advance on legal holidays. After receiving the notice from Party A, Party B is deemed to have rented the house once, and the computer program will automatically put the rental order of the house last. If Party A fails to use the house as agreed, the computer program will automatically put the rental order of the house last. If the house has been rented or reserved before Party A notifies Party B, Party B has the right to arrange for Party A to stay in other rooms.
4. During the entrustment period, customers found by Party A can directly lease the rooms entrusted by Party A to Party B, without arranging rooms through the computer, and the computer program will automatically put the rental order of Party A's rooms last.
Article 4 Operating profit and payment method
1. During the term of the agreement, Party B may lease the house to a third party at the market price.
Two, the gross income of rental housing refers to the balance of the operating profit of the house after deducting the following expenses:
1, Party B's management fee. Such as management and service personnel salary, employee welfare, incentive commission, hotel business tax, etc. ;
2. Hotel consumables. Such as hotel consumables (including toilet paper, soap, toothpaste and toothbrush, shampoo, shower gel, disposable slippers, disposable paper cups, envelope stationery, shoe polish, sanitary bags, garbage bags, cleaning supplies, disinfection supplies, etc. );
3, hot and cold water, electricity, telephone, gas, cable TV viewing fees, etc. ;
During the validity of this agreement, Party A will control the sum of the fees mentioned in the above Article 1 to 3 within 30% of the total rental income.
Three. Time and method of payment of operating profit:
1. Party B shall pay the operating profit of the current month to Party A before 15 of the following month.
2. Party B can pay the operating profit to Party A by cash, bank transfer check or bank remittance.
Article 5 Rights and obligations of Party A
1. Provide the house to Party B at the beginning of the entrusted lease period.
2. During the agreement period, Party A shall ensure that when Party A receives the house from the developer of this project, all supporting facilities and equipment in the house entrusted to Party B for management have been delivered to Party B in a complete configuration. () Party A shall not move or replace it without permission, and shall bear the actual operating expenses according to the provisions of Paragraph 2 of Article 4.
Three. During the agreement period, all taxes and fees reduced or exempted for renting the house shall be paid in accordance with the relevant regulations of Beijing (withheld and remitted by Party B).
4. When Party A entrusts the house to Party B, it must pay off the maintenance fund of the house, the property management fee of this year, the heating fee in winter, the property insurance fee in the house, etc. Otherwise, Party B has the right to terminate this Agreement within the term of this Agreement.
5. During the term of the agreement, Party A may inquire about the lease of the house at any time, and Party A may do so in the following ways:
1. Party B shall establish a website to reflect the rental situation of the hotel at any time for the owner's inquiry;
2. There is an automatic inquiry machine in the hotel lobby, which records the rental record of the house in the current month;
3. Party B shall record the operation of the house every day for Party A's inquiry at any time. The recording period is one year, and Party B shall send it to Party A regularly.
Article 6 Rights and Obligations of Party B
1. The house is subletted free of charge, but it shall not be used for illegal activities, and dangerous goods shall not be stored in the house.
2. The Property Management Service Agreement stipulates that Party A shall be charged with various management fees of the house.
Three. Ensure the cleanliness of the house during the lease period.
A) Ensure that the house and internal supporting facilities are in good use during the lease period.
B) After the expiration of the agreement, Party B shall deliver the property to Party A in time, and the original furniture and electrical appliances in the property shall be returned to Party A in good condition, and the property shall be guaranteed to be in good condition. In case of damage or loss, Party B shall be responsible for the compensation according to the price (except for the natural loss discount of the house, furniture, electrical appliances, bedding and decoration).
C) Pay the rent to Party A according to the time limit and method agreed in this Agreement, and pay a late fee of 0.3 ‰ of the monthly rent to Party A for each day overdue.
Article 7 Distribution of operating profit
The operating profit of the entrusted rental house is distributed by the day and equally by the same type of house. The calculation method is as follows:
Daily operating profit of entrusted houses = total operating profit of the same type of houses on that day ÷ number of houses of the same type entrusted for lease on that day.
Eighth facilities and equipment damage responsibilities and expenses.
1. During the term of this agreement, Party B shall be responsible for replacing the facilities and equipment damaged by Party B or renting them to a third party, and bear the corresponding expenses.
2. During the term of this agreement, if the facilities and equipment are damaged due to Party A's use, Party A shall be responsible for the replacement and bear the corresponding expenses.
Three. Within the validity period of this agreement, the natural depreciation expenses of the house and interior decoration, equipment, furniture, electrical appliances and bedding shall be borne by Party A. (See Article 10 for details).
Article 9 Matters related to Party A's occupation of the house.
1. If Party A uses the house for its own use, it will not participate in the profit distribution of the hotel operation on the day of use.
2. If Party A fails to notify Party B in advance according to the provisions of Paragraph 3 of Article 3, Party B may make arrangements according to the rental situation of the house at that time. If it is really impossible to arrange, the consequences will be borne by Party A..
3. If Party A uses the house for personal use, it does not need to pay the rent, but it needs to bear the actual expenses such as water, electricity, telephone charges and hotel consumables.
Tenth fixed assets replacement fee (depreciation fee)
From the date when Party A entrusts Party B to operate, the replacement cost of fixed assets in the first year is zero; Starting from the second year, 4% of Party A's operating profit shall be used as the replacement fee of fixed assets every year. This fee is earmarked and kept by Party B's separate bank account, which is used for room decoration and maintenance, and maintenance and update of household appliances, bedding and sanitary ware. Once the fee is used, it must be reported to the owners' committee for approval in advance, and it can only be used with the consent of the owners' committee.
Article 11 Dispute settlement methods
In case of any dispute during the performance of this agreement, both parties shall settle it through consultation. If negotiation fails, either party may apply to the Arbitration Commission for arbitration or bring a lawsuit to the local people's court.
Article 12 Entry into force of the agreement and others
1. This agreement shall come into effect after Party A has paid off the house maintenance fund, the property management fee this year and the winter heating fee.
Two. For matters not covered in this agreement, Party A and Party B may sign a supplementary agreement separately.
Three. During the execution of this agreement, if this agreement cannot be performed due to force majeure factors and government policies, both parties shall not be liable for breach of contract.
Four. This agreement is made in triplicate, one for Party A and two for Party B. ..
Verb (abbreviation of verb) This agreement shall come into effect after being signed and sealed by both parties.
(There is no text below)
Party A (signature): Party B (signature):
Legal representative (signature): Legal representative (signature):
Authorized Agent: Authorized Agent:
Signing place:
Date of signing, year month day.
Personal Power of Attorney Chapter VI Client's name: _ _ _ _ _ _ ID number: _ _ _ _ _ _ _
Address: _ _ _ _ _ _
Tel: _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _
Name of the entrusted party: _ _ _ _ _ _ _ _ Gender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _
In the XXXXX business between the principal and XXXXX (unit or individual), the principal entrusts the above-mentioned principal as the delivery agent of the principal, and its agency authority is full agency, that is, full collection of all the goods that the principal has the right to collect from XXXXX (unit or individual).
Customer:
Trustee:
date month year
Personal Power of Attorney Chapter VII Client:
Trustee:
We hereby authorize (the client) to handle matters related to the application for the subsidy for the early elimination of yellow-label vehicles according to the provisions of the Implementation Plan for Further Accelerating the Elimination of Yellow-label Vehicles in Beijing. The validity period is: year, month and day, and the client submits the application materials, fills in the relevant information and goes through the relevant formalities.
All relevant documents signed by the agent within the scope of his authorization are recognized by our unit, and the legal rights and obligations arising therefrom are enjoyed and borne by the principal.
Customer: (signature)
Authorized person: (signature)
Chapter VIII Personal Power of Attorney to XXX Company
According to the power of attorney, XXX Company (hereinafter referred to as our company) hereby entrusts XXX (ID number) to pay RMB 207.00 Yuan to your company, namely 960 yuan. Please issue a valid invoice for this amount to our company.
The creditor-debtor relationship between our company and XX has nothing to do with your company. The trustee XX will not recover the money from your company. Hereby entrust.
(Authorized person) Principal: (Authorized person) Trustee:
Date: Year Month Day Date: Year Month Day
Note: Please attach a copy of your ID card for individual payment. Thank you!
Personal Power of Attorney Chapter IX Client: _ _ _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _ _ _ Current address: _ _ _ _ _ _ ID number: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _
Trustee: _ _ _ _ _ _ _ Work unit: _ _ _ _ _ _ _
In case of a dispute between the trustor _ _ _ _ _ _ _ _ _ _ _ _ _, the trustor shall be entrusted as an agent ad litem according to law.
The agent authority is:
1, general agent;
2. Full agency (admitting, modifying and waiving claims, participating in mediation, appealing, collecting legal documents, etc.). ).
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