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Must people acting on behalf of the legal entity have documents certifying their status or credentials?

Armen Harutyunyan
Adviser to the RA Chief Compulsory Enforcer, Candidate of Legal Sciences

- Definitely. The participation of legal entities in the enforcement proceedings can be exercised by the official persons or bodies in the scope of the person’s competences or via representative in accordance with the law or a regulation of the legal entity.

It is obvious that the person acting on behalf of a legal entity must present a document certifying his status and credentials. The law on mandatory enforcement of judicial acts provides that the legal entity can act via representative and in that case the credentials are provided on the basis of a certificate in accordance with the law.

In comparison with legal entities, the law on mandatory enforcement of judicial acts with respect to natural persons provides that the competences of the representative of individual person need to be certified in accordance with the notarial procedure. The competences of the representative are defined in the certificate. However, it is also important to inform that some competences that the representative might have must be specially indicated in the certificate. Particularly such competences as providing enforcement sheet and taking it back.

The absence of such credentials or general formulations in the credentials will not yet give to the representative in the scope of enforcement proceedings the competence to that person to use the credentials indicated by me and 3 others.