Post power of attorney
A postal power of attorney regulates with a postal company which messenger is allowed to carry out legal transactions by power of attorney instead of the actual recipient or sender , and what scope this has. You have to differentiate between individual power of attorney and general power of attorney .
background
A postal power of attorney is, in its simple form, a written transfer for receiving ordinary mail from another person (principal). This authorization can have different implications, so an extension of the power of attorney may also be necessary for mail to an addressee, if this can only be received personally, as is the case, for example, in Germany with registered mail . A postal power of attorney allows collection or receipt by a third person (proxy) if the addressee is unable to attend.
There are therefore different templates for the acceptance of registered mail, parcels and letter post as well as for the parcel and letter collection but also for the collection from other authorities or offices.
Austria
The postal power of attorney is regulated here by Section 13, Paragraph 2 of the Delivery Act as amended. Delivery may be carried out by organs of a delivery service (e.g. Post AG) or the municipality, unless this is excluded by a note on the document. The authorized post office according to § 13 Paragraph 2 Delivery Act is not a recipient according to § 5 Delivery Act, a substitute recipient according to § 16 Delivery Act or an authorized delivery agent according to § 9 Delivery Act. It is therefore important to distinguish the authorized postal agent from the recipient and authorized delivery agent as well as furthermore from the representative according to § 10 General Administrative Procedure Act as amended, as he may also be authorized to receive "RSA letters" - see acknowledgment of receipt letter - this depends on the specific issued power of attorney. Furthermore, a right to refuse acceptance is to be assumed by the authorized post office (as there is no recipient, authorized delivery agent or substitute recipient). Reference is also made to Section 7 of the 1997 Postal Act as amended, the Universal Postal Service Ordinance 2002 as amended and, in general, to the Austrian legal information system Ris.bka .
Web links
- The postal power of attorney. (PDF, p. 17.) on deutschepost.de
- Post power of attorney. (PDF) on onleih.de
- Post power of attorney on posttip.de ( Memento from October 4, 2016 in the Internet Archive )
Individual evidence
- ↑ The power of attorney. ( Memento of the original from September 22, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF) at jura.uni-wuerzburg.de, accessed on November 19, 2015.
- ↑ Post power of attorney. on vollmacht-muster.de, accessed on November 19, 2015.
- ↑ Authorization for collection - authorization sample. In: vollmacht-muster.de. Retrieved November 19, 2015 .
- ↑ Section 13 of the Delivery Act (Delivery Act), delivery to the recipient. In: jusline.at. JUSLINE Austria, accessed on November 19, 2015 .
- ↑ Delivery Act on digitales.oesterreich.gv.at, accessed on November 19, 2015.
- ↑ Delivery Act § 9 - Consolidated Federal Law, updated daily version. In: ris.bka.gv.at. RIS, accessed November 19, 2015 .
