i. A. (abbreviation)

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The abbreviation i. A. stands for "on behalf" in correspondence and is placed in front of the name of the undersigned authorized representative .

General

The correspondence mainly includes letters , faxes or e-mails . If the sender of a company or an authority of public administration so must the sender to that receiver also give an indication of who the author is (name) and what skills he possesses. This concerns in particular the power of representation of the author in the external relationship . This power of representation gives the representative the right to act externally. The power of representation acts directly for and against the represented company or the authority ( Section 164 (1) and (3 ) BGB ).

"On behalf" has nothing with the client the contractor issued order to do that than contract a gratuitous agency has to content. Rather, management is meant by assignment , where the assignment specifies the goal and leaves the agent certain freedom in the choice of execution.

Legal issues

From a legal point of view, the abbreviation “i. A. “not clear. In common parlance, it can on the one hand indicate that the signatory does not make his own declaration , but only transmits that of a third party , i.e. acts as a messenger . On the other hand, the abbreviation can also mean that the signatory acts as a representative of a third party and thus makes his own declaration of intent . The overall circumstances of the respective case are decisive for the delimitation. Something different applies to pleadings from lawyers: Here the indication "iA" means that the undersigned lawyer is only acting as a messenger. So is z. B. an appeal by lawyer B for lawyer A with the addition “i. A. “not effective.

The power of representation depends on whether it is a private company or public administration .

  • The power of representation for private companies is regulated in the Commercial Code (HGB). With regard to the addition “on behalf”, the undersigned has a power of attorney in accordance with Section 54 of the German Commercial Code. In Section 57 of the German Commercial Code (HGB) it is stipulated that the authorized representative must sign with an addition expressing the power of attorney. These additions must be included on business letters or other documents. Persons with general power of attorney sign “in power of attorney” (“in the past”), with a special kind of power of attorney “on behalf” (“in the past”). A legal commentary on the German Commercial Code (HGB) expresses itself as follows: “As an addition expressing the power of attorney relationship, the following formulations are used in commercial transactions:“ in power of attorney ”(in previous connection); "in representation"; "on behalf.)".
  • The representation in the public administration ( authorities , institutions or public bodies ) is determined by the law or the statutes . In accordance with Section 12 (1) No. 4 VwVfG , authorities gain the ability to act through their heads of authorities , their deputies or agents. According to this, letters from the authorities, administrative acts or other documents of the public administration are to be provided with the addition "in the order (in the order)". Then there is a contractual relationship between the official staff and their manager in the form of authorization . The internal agency delegation takes place through the issuing of permanent or individual mandates by the agency manager. While permanent mandates represent the power of attorney for recurring business transactions, individual mandates contain the transfer of a specific process. Permanent mandates are comparable to the general power of attorney under commercial law, individual mandates to the special power of attorney . The general deputies of the heads of the authorities, such as department heads, sign “on behalf of (i. V.)”.

In this way, the recipient can assume that with "on behalf of" (i. A.) signed correspondence legally binding content and sender has committed in a legally binding manner.

Writing rules

The writing and design rules of DIN 5008 only deal with how to write terms / abbreviations correctly, not when they are used correctly.

According to the old spelling, “in general” was replaced by “i. a. "abbreviated. According to the new German spelling , "in general" has been capitalized since 1996, which means that the same abbreviation "i. A. ”as for“ on behalf ”. To avoid confusion, it is "in general", according to Google now "i. General ”abbreviated.

International

In the Anglo-Saxon language area there is also the drawing “on behalf of” ( English on behalf of ), as well as in French ( French pour ordre ), Spanish ( Spanish por orden ) or Italian ( Italian nell'ordine ). The regulations behind this largely correspond to the German ones.

See also

Individual evidence

  1. ↑ Carl Creifelds , Creifelds Legal Dictionary , 2000, p. 1240
  2. ↑ Peter Müssig, Private Business Law , 2012, p. 133
  3. ↑ Federal Labor Court, judgment of December 13, 2007, file number: 6 AZR 145/07
  4. ↑ Federal Court of Justice, decision of June 19, 2007, file number: VI ZB 81/05
  5. ↑ Uwe Schirmer / Sabine Woydt, staff management , 2016, p. 36
  6. ↑ Definition: in power of attorney (previous year). Retrieved September 17, 2019 .
  7. ↑ Claus Wagner, in: Volker Röhricht / Friedrich Graf von Westphalen / Ulrich Haas , Commentary on the HGB , 4th edition, 2014, § 57 HGB, Rn. 3
  8. ↑ Michael Fuchs, "Commissioners" in public administration , 1985, p. 112 f.
  9. ↑ Duden | in general | Spelling, meaning, definition, synonyms. Retrieved July 20, 2016 .