difference between deed of assignment and power of attorney

Understanding a deed of assignment for intellectual property

A deed of transfer is used to change the ownership of intellectual property, a common occurrence in business. Explore how and when to use one.

Find out more about intellectual property basics

difference between deed of assignment and power of attorney

by Brette Sember, J.D.

Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...

Understanding intellectual property in business

How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.

Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.

Illustrations and graphics surrounding the words "Intellectual Property"

A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.

Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.

Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.

A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.

A deed of assignment must be in writing and should include:

The names and addresses of the assignor and assignee
A description of the program or product for which the rights are being transferred
A statement that all intellectual property rights to the property are being transferred
Signatures of the parties and the date of the agreement execution

The deed could also include the following sections, where applicable:

Consideration, or payment, to be made to the original owner.
Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.

Although a deed of assignment transfers ownership in intellectual property , it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.

For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.

Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.

If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.

The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .

Powers of attorney: the requirements for a deed

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If a document containing a power of attorney does not satisfy these requirements for a deed, it will not be valid.

This means that the attorney will have no authority to bind the principal. If the power of attorney does satisfy the requirements, the principal will not be bound by any acts of the attorney which fall outside the scope of the power.

A power of attorney can only be given by deed and the following formalities must be satisfied:

the deed must be in writing;
it must be made clear that it is intended to be a deed (this can be done by using wording such as “by way of deed…” at the start of the instrument and “executed as a deed” at the end);
the deed must be validly executed as a deed by the principal (in the case of an individual, this means that it must be signed by the principal in the presence of a witness who then attests the principal’s signature); and
the deed must be delivered, at which point it will bind the principal (under common law, a deed is delivered when a party indicates an intention to be bound by it). Delivery is usually addressed in the deed by using wording such as “This deed is delivered on the date at the start of this deed”.

If a document containing a power of attorney does not satisfy these requirements for a deed, it will not be valid. This means that the attorney will have no authority to bind the principal. If the power of attorney does satisfy the requirements, the principal will not be bound by any acts of the attorney which fall outside the scope of the power.

Absent shareholders

Powers of attorney are often used to complete transactions where a party will be absent from the completion meeting. In Katara Hospitality v Guez [2018] EWHC 3063 (Comm) , three shareholders had agreed to sell shares in a company. Two of the shareholders were unable to attend the completion meeting so their US lawyer arranged for them to sign powers of attorney in favour of the third shareholder. The documents were described as powers of attorney and their signatures were appropriately witnessed. But the word ‘deed’ was not used anywhere in the documents.

At the completion meeting, the attending shareholder, relying on the two powers of attorney, signed a guarantee on the absent shareholders’ behalf. At a later point, the beneficiary of the guarantee made a claim under it, at which point the absent shareholders claimed that they were not liable as the powers of attorney were not valid.

The High Court agreed. It was not convinced that the shareholders, or their US lawyer, understood the English law requirements for a power of attorney and that it must be executed as a deed to be valid. The document was simply described as a power of attorney and this was not sufficient for the court to infer that the parties intended the document to be classed as such.

Agency and scope

A power of attorney which fails to meet the strict requirements may still result in an agency arrangement, where the attorney is appointed as agent of the principal. An agent in this scenario will have authority to act on behalf of the principal if the act falls within the scope of the authority conferred on the agent.

The High Court reached this conclusion as the document could still take effect in writing. The shareholder who attended the completion meeting was appointed as agent of the absent principals. But the execution of a guarantee, which was a new document, prepared and agreed at the completion meeting, was not within the scope of authority granted to the agent.

The powers gave the agent the authority to sign documents “in connection with completion” of the transaction. The powers of attorney were sent to the buyer’s solicitor along with a statement that they were to be used “in the event there are any changes that require documents to be re-signed”. When the powers of attorney were executed by the absent shareholders, the guarantee was not in their contemplation as at that point it did not form part of the completion documents. It was not a document which required “re-signing” but was a completely new document, negotiated and agreed at the completion meeting. It was held that the agent was not authorised to sign the guarantee on behalf of the other shareholders.

Importance of execution

This decision confirms that simply describing a document as a ‘power of attorney’ will not be sufficient to create a legally binding power. Each of the individual requirements for the creation of a deed must be satisfied.

It also reminds us of the importance of checking what the deed actually allows the attorney to do.

If you are asked to rely on another party signing via a power of attorney, you must confirm that the power has been properly granted and that the act being contemplated is within the attorney’s authority. If this is not the case, any documents signed or executed under that power of attorney are likely to be invalid and not legally binding.

Gateley Plc is authorised and regulated by the SRA (Solicitors' Regulation Authority). Please visit the SRA website for details of the professional conduct rules which Gateley Legal must comply with.

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Back to basics: Witnessing well

If a deed is not properly witnessed its validity is open to challenge and it may be unenforceable. We provide an overview on best practice here.

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Briefing notes

Execution of documents - top ten Q&As

1. The agreement is a simple contract under hand – how does the company execute?

By an individual signing (including electronic signing) on behalf of the company, provided that the individual has express or implied authority (section 43(1)(b) of the Companies Act 2006). The usual rules of agency apply (see question 2 below).
Using two “authorised signatories” as defined in the Companies Act 2006 as every director and the company secretary (but note that one individual who is both director and company secretary may not count as two authorised signatories);
Using one director’s signature , which must be witnessed; or
By affixing its common seal (this is not common in practice).

2. If an individual signs on behalf of the company, what evidence of authority should I see?

A properly appointed director will generally have at least implied authority to sign a contract on behalf of a company so long as the contract relates to the company’s ordinary course of business. Check by means of a Companies House search that the individual is a duly appointed director. If the individual who signs is not a director, you should obtain a copy of written authority. Such authority must be given by the board of directors, rather than an individual director, so an extract from board minutes will suffice. In the absence of written authority, the document will be validly executed if there was implied or ostensible authority (but clearly written authority is best to put the matter beyond doubt).

3. The agreement is to be executed as a deed – how does the company execute?

using two “authorised signatories” defined in the Companies Act 2006 as every director and the company secretary (but note that one individual who is both director and company secretary may not count as two authorised signatories);
using one director’s signature, which must be witnessed; or
by affixing its common seal (this is not common in practice).
By the company authorising another entity (company or individual) to execute the deed on its behalf. Such authority must be given by the company giving a power of attorney in favour of the company or individual, and you should see a copy of the power of attorney. See further below in relation to powers of attorney. A copy of a board minute will not suffice (authority to execute a deed must be given by deed).

Note that electronic signatures are permitted for both contracts and deeds. This is confirmed by the Law Commission’s report on the electronic execution of documents dated September 2019. If the company signs using two authorised signatories, this can be achieved by each of the two authorised signatories signing the deed (using an electronic signature or other acceptable method) either in counterparty or by one authorised signatory signing, followed by the other adding his or her signature to the same version (electronic or hard copy) of the deed. If a company signs using a director plus witness, the Law Commission’s view is that the current law probably does not allow for “remote” witnessing such as by video link, so any witness would have to be physically present with the signatory.

Note also that specific formalities are required for deeds by virtue of the Law of Property (Miscellaneous Provisions) Act 1989. They must be in writing, it must be clear on the face of the deed that it is a deed, it must be validly executed by the company (see above) and it must be delivered (see more below). Delivery can be achieved through electronic signing but care must be taken to make clear when delivery takes place.

If the company has a corporate director note that where there are references in a document to it being signed by a corporate director, it is read (section 44(7) of the Companies Act 2006) as references to it being signed by an individual authorised by the firm (i.e. the corporate director) to sign on its behalf. Suggested execution clause is:

4. How does an individual enter into a written contract, or a deed?

Simply by the individual signing the written contract, or by an agent signing on behalf of the individual. Note that a document or deed may be validly executed using electronic signatures (see question 3 above). Authority given by an individual for another person to sign a document on his or her behalf does not need to be given by power of attorney, unless the document in question is a deed.

5. How does an individual execute a deed?

By signing the document in the presence of a witness who sees the individual sign and then attests the signature by adding witness details to the execution block. Conventionally, the witness will sign his or her own name, and complete details of name and address for ease of identification should due execution be queried at some stage in the future. Note that the requirements for individuals to execute deeds apply to individuals if they execute in their capacity as trustees or as partners in a partnership, for example. Electronic signatures are permitted, both for the signatory and for the witness, but the Law Commission has stated that the witness should be physically present with the signatory and genuinely observe the signing (rather than via a live televisual medium).

6. Who can validly witness a signature?

The purpose of a witness is to provide evidence of proper execution in the event that it is later queried. The witness must be physically present when the document is signed so that he or she can attest that he or she was present and saw the document being signed. The witness should sign immediately after the signatory has signed. There is no legal requirement to print the witness’s name and address, but this is helpful in tracing the witness if due execution is later queried.

A party to the deed may not be a witness. However there is no statutory requirement for the witness to be independent, simply that he or she can provide unbiased evidence that the document was properly executed.

7. What are the execution requirements if one or more of the parties is incorporated overseas?

The execution provisions of the Companies Act 2006 applicable to companies incorporated in England and Wales apply to overseas companies with modifications. Agreements (including deeds) may be executed by such a company:

by the company affixing its common seal;
in any manner permitted by the laws of the territory in which the overseas company is incorporated; or
by the signature of a person who is acting under the express or implied authority of the overseas company (as determined by application of the laws of the territory in which it is incorporated).

If a document purports to have been signed in accordance with one of the above three methods, there is a statutory presumption in favour of a purchaser in good faith for value that the document has been validly executed. Nevertheless, best practice is to obtain an opinion from local counsel in respect of the applicable execution requirements in the relevant overseas jurisdiction.

8. What do I need to check if documents are signed under a power of attorney?

The power of attorney must be executed as a deed by the donor. Note that the execution provisions that apply for an attorney are the same as if the attorney was signing as principal, so the formalities for a company executing a document as attorney will be as described above in question 3.

Check the wording of the execution block. It should be along the lines of “signed as a deed by [ name of attorney ] acting by [ names of two directors, or one director plus secretary; alternatively one director provided the signature is witnessed ] [a director/the secretary] as attorney for and on behalf of [ name of principal ] [under a power of attorney dated [ date ]]”.

Check the terms of the power of attorney, in particular whether the attorney has powers to agree amendments to transaction documentation. Note that an express power to delegate must be included in the power of attorney if the attorney has purported to delegate power.

9. Is one signatory able to sign in different capacities if necessary?

Note that if the document is to be signed by a company under section 44(2)(a) of the Companies Act 2006 (by two authorised signatories), one individual who is both director and company secretary may not count as two authorised signatories.

10. Do special rules apply for particular documents, such as those to be filed at the land registry or HMRC?

The Land Registry has its own prescribed way of executing documents – see Practice Guide 8 and Practice Guide 9 .

Note that a stock transfer form does not need to be executed as a deed. However, for a corporate transferor of shares, it is preferable that it executes by using the company’s signature under one of the two methods permitted by section 44 (2) (a) or (b) (i.e. by two authorised signatories or by a director with a witness – see answer to question 3 above).

The information contained in this guide is intended to be a general introductory summary of the subject matters covered only. It does not purport to be exhaustive, or to provide legal advice, and should not be used as a substitute for such advice.

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 42,747 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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Hey, I'm the Omonile Lawyer. Do you want expert verification on that new land? Contact me now!

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

What Is a Power of Attorney (POA)?

How a POA Works
Health Care POA
Financial POA
How to Set Up a POA
Choosing a POA

The Bottom Line

Trust & Estate Planning

Power of Attorney (POA): Meaning, Types, and How and Why to Set One Up

How this can legally impact your finances, property, or medical care

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

Investopedia / Laura Porter

A power of attorney (POA) is a legal authorization that gives the agent or attorney-in-fact the authority to act on behalf of an individual referred to as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

POAs can be financial or they can pertain to health care. Both provide the attorney-in-fact with general or limited powers.

Key Takeaways

A power of attorney is a legal document that gives one person the power to act for another.
The person who receives the authority is referred to as the agent or attorney-in-fact.
The subject of the POA is called the principal.
The agent can have broad legal authority or limited authority to make decisions about the principal's property, finances, or medical care.
A durable power of attorney continues to remain in effect if the principal becomes ill or disabled and cannot act personally.

How a Power of Attorney (POA) Works

A power of attorney is a legal document that binds the agent or attorney-in-fact and the principal. It's used in the event of a principal's temporary or permanent illness or disability or when they can't sign necessary documents. Both parties must sign the document and a third party is usually required to witness it.

Most POA documents authorize the agent to represent the principal in all property and financial matters as long as the principal’s mental state of mind is good. The agreement automatically ends if the principal becomes incapable of making decisions for themself.

A power of attorney can end for several reasons, such as when the principal revokes the agreement or dies, when a court invalidates it, or when the agent can no longer carry out the responsibilities outlined in the agreement. In the case of a married couple, the authorization may be invalidated if the principal and the agent divorce.

Someone who wants the power of attorney to remain in effect after their health deteriorates should sign a durable power of attorney (DPOA). This remains in force even if the person they're representing becomes mentally or physically incapacitated but it doesn't persist after the principal's death. The authority is also voided if the power of attorney isn't designated as durable and the client becomes mentally incapacitated.

There are many good reasons to make a power of attorney because it ensures that someone will look after your financial affairs if you become incapacitated. But signing a POA that grants broad authority to an agent is very much like signing a blank check.

Types of Powers of Attorney

A durable POA takes effect when the document is signed and continues in the case of incapacitation of the principal. A springing power of attorney comes into effect only if and when the principal becomes incapacitated. A power of attorney may also be limited to only medical matters, enabling the agent to make crucial decisions on behalf of an incapacitated person.

The two key types of POAs are financial and health care.

Health Care Power of Attorney (HCPOA)

The principal can sign a durable health care POA (HCPOA) if they want an agent to have the power to make health-related decisions for them. This document is also called a health care proxy . It outlines the principal’s consent to give the agent POA privileges in the event of an unfortunate medical condition. This POA kicks in when the principal can no longer make health-related decisions on their own.

Financial Power of Attorney

A financial POA allows an agent to manage the business and financial affairs of the principal, such as signing checks, filing tax returns, depositing Social Security checks , and managing investment accounts when and if the principal becomes unable to understand or make decisions.

The agent must carry out the principal’s wishes to the best of their ability, at least to the extent of what the agreement spells out as being the agent’s responsibility. A financial POA can give the agent a wide range of power over the principal's bank account, including the ability to make deposits and withdrawals, sign checks, and make or change beneficiary designations.

Financial POAs can be divided up into several categories.

General Power POA

This POA allows the agent to act on behalf of the principal in all matters as allowed by state law. The agent under such an agreement may be authorized to handle bank accounts, sign checks, sell property, manage assets, and file taxes for the principal.

Limited POA

A limited power of attorney gives the agent the power to act on behalf of the principal in specific matters or events.

It might explicitly state that the agent is only permitted to manage the principal's retirement accounts. This type of POA may be in effect for a specific period. The authorization might be effective only for two years if the principal will be out of the country for that length of time.

Durable Power of Attorney (DPOA)

A durable POA (DPOA) remains in control of certain legal, property, or financial matters that are specifically spelled out in the agreement even if and when the principal becomes mentally incapacitated. A DPOA can pay medical bills on behalf of the principal but the durable agent can't make decisions related to the principal's health, such as taking them off life support.

Springing Power of Attorney

The conditions for which a durable POA may become active are set up in a document called a "springing" power of attorney. A springing POA defines the kind of event or level of incapacitation that should occur before the DPOA springs into effect.

A power of attorney can remain dormant until a negative health occurrence activates it to a DPOA. A springing power of attorney should be very carefully worded to avoid any problems in identifying precisely when and if the triggering event has happened.

An individual who's appointed as the agent in a power of attorney is not necessarily an attorney. The person could be a trusted family member, friend, or acquaintance.

How to Set Up a Power of Attorney

You can buy or download a POA template but be sure it's for your state because requirements can differ. There's no standard POA form for all 50 states, although all states do accept some version of a durable power of attorney.

A few key powers cannot be delegated, including the right to make, amend, or revoke a will or contract a marriage in most states, although a handful of states do allow this. You can't delegate the power to vote but the guardian can request a ballot on behalf of the principal.

Some rules generally apply in all states and jurisdictions.

Put It in Writing

Some regions of the country accept oral POA grants but verbal instruction isn't a reliable substitute for spelling out the terms word-for-word on paper. Written clarity helps to avoid arguments and confusion later at a crucial time.

Use the Proper Format

Decide what powers you want to grant and prepare a POA that's specific to that desire. The POA must also satisfy the requirements of your state. Perform an Internet search or ask a local estate planning professional to help you find a form that will be accepted by a court of law in the state where you live. The best option is to seek the help of an attorney.

Delegate the Powers

A POA can be as broad or as limited as the principal wishes but each of the powers granted must be clear even if the principal grants the agent a general POA. The principal can't grant sweeping, nonspecific authority such as, “I delegate all things having to do with my life.”

Specify Durability

A POA terminates if the principal becomes incapacitated in most states. The only way an agent can keep their power if this happens is if the POA is written with an indication that it's durable. This designation makes it last for the principal's lifetime unless the principal revokes it.

Notarize the POA

Powers of attorney must be notarized in most states. It's potentially easier for the agent if a notary’s seal and signature are on the document even in states that don't require it.

File the POA

Some states require that specific kinds of POAs be filed with a court or government office before they can be made valid so look into the rules where you live. Ohio requires that any POA used to grant grandparents guardianship over a child must be filed with the juvenile court. It also requires that a POA that transfers real estate must be recorded by the county in which the property is located.

Not all powers of attorney must be formally recorded or filed but it's a standard practice for many estate planners and individuals who want to create a record that the document exists. File it with your state or county to be on the safe side.

You can start the process of establishing a power of attorney by locating a lawyer who specializes in family or estate law in your state. Legal services offices that are staffed with credentialed attorneys exist in virtually every part of the United States if attorney fees are more than you can afford. Visit the Legal Services Corporation's website and use the " Get Legal Help " search function. Clients who qualify will receive pro bono cost-free assistance.

Choosing an Agent

A POA grants immense ownership authority and responsibility. It's a matter of life and death in the case of a medical POA. You could find yourself facing financial privation or bankruptcy if you end up with a mishandled or abused durable POA. Choose your agent with the greatest care to ensure your wishes are carried out to the greatest extent possible.

It's critical to name someone who is both trustworthy and capable to serve as your agent. Any mistakes may be difficult to correct and there may be a danger of self-dealing depending on the extent of the powers you grant. An agent may have access to your bank accounts, the power to make gifts and transfer your funds, and the ability to sell your property.

Your agent can be any competent adult, including a professional such as an attorney, accountant, or banker. But they may also be a family member such as a spouse, an adult child, or another relative. Naming a family member as your agent saves the fees a professional would charge and may also keep confidential information about your finances and other private matters “in the family."

Naming Your Child As Your Agent

Parents who create POAs often choose their adult children to serve as their agents. The relative youth of the child is an advantage when the purpose of the POA is to relieve a parent of the burden of managing the details of financial and investment affairs or provide management for their affairs should they become incapacitated.

A spouse who is near the same age as the person creating the POA may come to suffer the same debilities that led the POA’s creator to establish the POA in the first place. A child who is honest, capable, and who respects the parent’s desires can be a good choice for an agent but there may be complications.

Parents may struggle with the decision of who to select if they have more than one child. The good news is that you can have multiple POAs naming separate agents and customize them for each child’s skill set, temperament, and ability to act on your behalf. Specific abilities of your children may make them best suited to take on particular roles in managing your affairs.

You can use limited POAs to give each child different, defined, and limited power over specific aspects of your finances:

Managing everyday expenses of the family
Receiving income from and paying expenses on real estate
Controlling a financial portfolio
Managing insurance and annuities
Running a family’s small business

Choosing Multiple Agents

More than one agent can be named in a POA, either with the authority to act separately or they can be required to act jointly. Having two agents who are separately authorized to manage routine items can be a convenience if one becomes unavailable for some reason. Requiring two or more to agree on major actions like selling a house can ensure family agreement over major decisions.

But naming multiple agents can cause problems if disputes arise between them. An investment account may be effectively frozen if two agents are required to act jointly in managing it but they disagree as to how to do so. Be sure that your chosen agents not only have the skills for the task but personalities to cooperate.

A general POA enables the agent to act with the authority of the POA’s creator in all matters. A special POA can limit that authority to a specific subject, such as managing an investment account, or to a limited time when the creator of the POA is unavailable.

Maybe one of your agents is a busy financial expert who lives in a distant city and another works part-time and lives conveniently close by. You can have one POA that names the first to manage your investment portfolio and another that names the second to manage your routine daily expenses if necessary and pay your monthly bills.

Risks and Precautions

Periodically review and update the POAs you've created when and if family circumstances change. You can cancel a POA by simply writing a letter that identifies it and states that you're revoking it then delivering the letter to your former agent. Some states require such a letter to be notarized. It’s also a good idea to send copies to third parties with whom the agent may have acted on your behalf. Then create a new POA and deliver it to your new choice of an agent.

A power of attorney can provide you with both convenience and protection by giving a trusted individual the legal authority to act on your behalf and in your interests. Adult children who are both trustworthy and capable of accomplishing your wishes may make the best agents but don’t name a person simply because they're related to you.

Trusted professional advisors such as lawyers, accountants, and doctors can help you understand the wisdom and necessity of adopting POAs. You can do so gradually if you aren't comfortable granting broad powers all at once but don’t delay. There could be costly consequences because the grantor must be mentally competent to create a power of attorney.

It's too late to create a POA if you lose the capacity to manage your affairs. Court proceedings may be required at that point. It would become necessary for someone to go to court to ask to be named as your conservator or guardian, a process that may prove costly and slow. It could also be contested, leading to family conflicts.

Make sure the POA requires that the agent periodically report all actions taken to a trusted third party whom family members agree upon, such as the family’s lawyer or accountant. You can also name two agents and require they agree on major transactions, such as the sale of a home.

Nobody may have the right to take individual retirement account (IRA) distributions the parent needs for income, borrow funds to pay medical bills, or deal with the Internal Revenue Service (IRS) concerning the parent’s taxes.

Can Somebody With Power of Attorney Do Anything They Please?

No. The scope of legal authority that's granted by a POA is laid out when it's established. The person who is granted power of attorney has a legal fiduciary duty to make decisions that are in the best interests of the person they're representing.

Can Next of Kin Override a Power of Attorney?

No. Next of kin or other family members do not have any legal authority to override or nullify an existing power of attorney.

How Can I Revoke a Power of Attorney That I've Given to Someone?

Power of attorney can be terminated if you expressly revoke it. It may also have a set termination date or duration of time for which it's in force. A POA will also end if you become mentally incapacitated unless it is a durable power of attorney. All powers of attorney cease if you die.

Who Can I Name to Have Power of Attorney?

You can technically name anybody as your agent as long as it's done under your free will and you're mentally competent. It should be somebody trustworthy and capable, such as a spouse, close family member, or friend. You can also designate your lawyer to have a POA.

Creating a power of attorney and specifying how it will operate even if you lose your ability to think or function ensures that you'll have a plan in place for overseeing your financial affairs and health directives if and when you're unable to do so. Be sure to choose somebody you trust and who will be able to faithfully carry out their responsibilities on your behalf.

American Bar Association. " Power of Attorney ."

Connecticut General Assembly. " 2002-R-0094: Power of Attorney-Mental Capacity ."

American Bar Association. " Pick the Right Power of Attorney Instrument ."

Ohio Laws & Administrative Rules. " Section 3109.53 | Form of Power of Attorney for Residential Grandparent ."

Ohio Laws & Administrative Rules. " Section 1337.04 | Recording of Power of Attorney ."

Legal Services Corporation. " Pro Bono Innovation Fund ."

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
The testimonium : this shows that all the parties are involved in the execution of the deed.
Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution. It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

Only 22% of poorest Nigerian households have electricity access –World Bank

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Suburbanization Problems in the USSR : the Case of Moscow

Référence bibliographique

Gornostayeva Galina A. Suburbanization Problems in the USSR : the Case of Moscow . In: Espace, populations, sociétés , 1991-2. Les franges périurbaines Peri-urban fringes. pp. 349-357.

DOI : https://doi.org/10.3406/espos.1991.1474

www.persee.fr/doc/espos_0755-7809_1991_num_9_2_1474

RIS (ProCite, Endnote, ...)

Résumé (fre)

La suburbanisation n'existe pas en URSS au sens des phénomènes décrits dans les villes occidentales. Cependant on observe certains transferts limités d'activités industrielles exigeantes en espace ou polluantes, voire même de centres de recherches, vers les zones suburbaines ou des villes-satellites. Mais ces déconcentrations répondent à une logique de planification administrative. En outre, les Moscovites hésitent à aller habiter dans ces centres d'emploi, de crainte de perdre les privilèges liés à l'autorisation d'habiter Moscou (la propiska) et du fait des communications insuffisantes avec la capitale. Le taux de croissance de la population moscovite reste supérieur à celui du reste de l'oblast. Par contre le développement de datchas de seconde résidence est très important dans l'oblast de Moscou, en particulier aux alentours des stations de chemin de fer. L'abolition du système de propiska pourrait transformer les datchas les plus proches de Moscou en résidences principales.

Résumé (eng)

The suburbanisation does not exist as such in the USSR with the meaning one has of the phenomena in Western cities. Though one may notice some limited transfers of industrial activities demanding a lot of space or polluting ones, even research centres, towards the suburban areas or satellite-towns. But these déconcentrations correspond to an administrative planification logics. Moreover the Muscovites hesitate before going and living in these employment centres, because they are afraid of loosing the privileges linked with the authorisation to live in Moscow (the propiska) and because of insufficient communications with the capital. The growth rate of the Muscovite population remains higher than this of the remainder of the oblast. To the contrary developing of datchas for second residences is very high in the Moscow oblast, especially in the vicinity of a railway station. The abolishment of the «propiska» system might transform the datchas nearer to Moscow into main residences.

Economic structure [link]
Suburbanization of activities [link]
Suburbanization of population [link]
Conclusions [link]
Literature [link]

Liste des illustrations

Table 1. Employment structure, % [link]
Table 2. Annual rate of population increase, % [link]
Fig. 1. Spatial distribution of country-cottages and gardening associations in the Moscow region [link]

Texte intégral

Galina A. GORNOSTAYEVA

Moscow University

Suburbanization Problems

in the USSR :

the Case of Moscow

Suburbanization processes typical to cities in Western Europe, the USA and other countries are not observed in the USSR or they are distorted to such an extent that they may not be compared with existing standards. This states the question how Soviet cities-succeeded in escaping this stage of urban development. In order to answer this question, we should first summarize the main aspects of Western suburbanization.

Firstly, it is well known that the urbanization processes are linked to structural changes in the economy. Thus the transition from the stage of concentration to this of suburbanization is associated with industrialization, and the transition to the third stage - déconcentration - is related with the rapid growth of employment in the non-industrial sphere. Secondly, a suburbanization of economic activities can be distinguished. It applies in the first place to the building and iron- working industry, transports, engineering and chemical works. These are polluting and requiring extensive areas. This suburbanization of industry is caused by the following factors: rising demand for land from firms ; worsening of transport

tions in the inner cities ; demand for lower land costs and taxation levels in suburbs ; rapid growth of road transports; state policies regulating the growth of large cities ; migration of the labour force to the suburban zones. Scientific and educational activities are also transferred from the centre to the suburbs.

The third important aspect of suburbanization applies to the population. In the suburbs two opposite flows of population meet ; one is centripetal, coming from non- metropolitan regions, the other is centrifugal, coming from the central city. The reasons for the migration to the suburbs are as follows : declining living standards in large cities (overcrowding, slow housing renewal, environmental problems, etc.); growth of motorization of the population, development of communications (telephone, telex, fax, computer) ; intensifying decentralization of working places ; lower land prices in the suburbs ; state support for the intensification of real estate development in the suburbs. The above-mentioned factors and reasons for suburbanization are altered in the Soviet cities. Let us explore them, by taking for example the largest one - Moscow.

Economic structure

The employment structure in the USSR reveals sharp differences from those in developed urbanized countries. The USSR is characterized by a high share of employment in agriculture, industry, construction and a low share in the non-industrial sphere (tab. 1).

A correlation analysis of the percentage of urban population and employment in the different spheres of economic activity reveals that the share of urban population in the USSR is higher than in countries with the same percentage of persons employed in agriculture.

TABLE 1. EMPLOYMENT STRUCTURE,

Source: personal calculations.

The urbanization processes in the Moscow Capital Region (MCR) are more intensive than in other regions of the USSR. Structural changes are more obvious here : the share of employment in the non-industrial sphere increases more substantially and the percentage of persons employed in industry and agriculture is lower than in the whole country. However the MCR cannot therefore be compared with a metropolitan region in a Western country. Although Moscow is the most advanced agglomeration in the USSR, it lags is far behind the major world cities in terms of development and it is at the very start of the post- industrial stage of its structural and urban transformation.

The structural «anomaly» of the USSR as a whole and of the MCR in particular is explained by the enforced process of industrialization (starting from the thirties) at the expense of the peasantry (thus, there is not only a booming industrial employment in cities, but also worsening living and working conditions in villages and forced collectivization having triggered off the massive rural emigration). As a result, the share of urban population in the USSR is higher than expected, based on changes in the economic structure. While urbanization in the developed countries was due, among

other causes, to an increasing labour efficiency in agriculture, this remained quite low in the USSR. Therefore the employment share in agriculture is overstated in comparison with countries with a similar percentage of urban population, and even this considerable part of the labour force is unable to feed the whole population of the country.

The share of agricultural employment in the mcr increased from 7,4 % to 7,6 °7o between 1980 and 1985 (as a result of Moscow attractiveness and the better living standards in its surrounding villages), whereas it continued to decline in other parts of the Central region. The population growth in villages adjacent to Moscow is especially intensive, though labour efficiency in localities near Moscow is higher than in the other oblasts. In spite of this, Moscow oblast provides only 61 % of milk, 34 °/o of potatoes, 45 % of vegetables and 23 % of meat needed by the population in Moscow city and oblast (Argumen- ty i facty, 1988, N50, p. 3). The structural anomaly is not only related to processes in agricultural sphere but also in industrial sector. As a result of the low economic mobility of socialist firms and of the absence of market relations, the industrial development was extensive,

without significant increases of the labour

productivity.

Thus the employment transfer from the

agricultural to the industrial sector, their

extensive development and their low labour

productivity are intrinsically related with the political definition of productiorfrela- tions and course of structural economic transformation.

Suburbanization of activities

Moscow and Moscow oblast show divergent economic structures and changes (tab. 1). In Moscow the employment share in the non-industrial sphere in Moscow is growing more rapidly, whereas the share of industrial employment is decreasing. In Moscow oblast the part of transport and communication infrastructure, retail trade, administration, housing (presently less developed than in Moscow) is increasing. Some stages in the transformation of activities in the mcr's settlements may be pointed out here. The stage of industrialization and reconstruction after World War II is characterized by the swift industrial development and the active restructuration of the Moscow and Moscow oblast economy. New industries have been built (motor-car and aircraft assembly, machine-tool industry, organic synthesis, etc.), around Moscow research and production potential. Nevertheless, this restructuration is extensive, since traditional industries don't curtail production. It favours the heavy concentration of modern functions in Moscow. There is no transfer of firms outside Moscow. Suburbanization of industrial activities did not occur because of the state owning the means of production and of thé socialist form of production relations. When research and technological progress are slowing down, these firms become inefficient and spatially immobile. The period 1956-1970 is marked by an intensive development of the region scientific sphere and by the rise of « satellite » urban policy. The new centres were specialized in modern branches of machinery and research-engineering activities and were undoubtedly very attractive for the population. Therefore towns like Dubna were growing rapidly. While the aim was to redirect part of Moscow population

growth, they display a quite specific relation with the capital. For instance, Muscovites working in Pushchino cannot reach their job every day because they lack transport facilities. Nevertheless, they don't wish to move and register their passports in the city in which they actually work, since they would have to give up their Moscow registration and then lose all Moscow privileges (see further). These new centres are isolated from information sources in Moscow. Poor telephone communications, lack of computers and telex systems hamper contacts and teamwork with colleagues in the city. It seems that material resources for experimental work in research centres are not sufficient to compensate for lack of information and communications. At the same time, poor transport links with Moscow and the other towns of Moscow oblast isolate the scientists from the higher standard of culture in the centre and from a well developed social infrastructure. An original home-work relation can be observed in Dubna: the Muscovites get the second registration of passports and live there in hostel apartments during 4 or 5 working days, during the weekends they go back to Moscow, where their families are living. The change of functions in Moscow oblast towns is still going on. Inside the towns of the first circle adjacent to Moscow, the share of employment in the non-industrial sectors and transport is growing. Inside the towns of the second circle (suburban zone) these changes lead to an increasing potential of non-industrial, industrial and construction functions. Finally, in the outlying parts of the region the further grovth of construction and industrial functions is observed and the organization potential is intensifying in some towns. The mcr towns display a crawling concen-

tration of the regional most important functions and their extension outside the boundaries of Moscow to the towns of the suburban zone. But the déconcentration of functions in the mcr is not only of natural- economic character. It also results from the state urban policy. Déconcentration is not related to the search for more advantageous sites for firms and institutions as regards to economic or social relations (the availability of cheaper labour force or more comfortable living conditions, etc.), nor is it sustained by the expansion of transport and communication facilities. Thus, this déconcentration is independent from curtailment of any function in central Moscow, whose potential is still growing, and it is also completely inadequate regarding the continuing concentration of population (see below). All this, together with the slow economic and territorial mobility of firms, is an obstacle to the economic restructuration of the region, and to the reorientation of Moscow and its suburbs to non-industrial activities and to progressive scientific and informational work. The mass labour-consuming functions still remain in Moscow and its suburbs, but they are inevitably cut off from modern types of activities.

The idea of alleviating Moscow's development appeared from the very beginning of its rapid growth, since the excessive concentration of population and employment led (as in the other major world cities) to environmental discomfort, worsening of transport, strip-holding of land and other congestion signs. In market economies, the firms react to alterations of economic or social conditions by their mobility: some

of them close, other relocate in more convenient places. In the USSR, the problem of firm transfer (unhealthy or unprofitable firms) becomes unsolvable because of the special type of production relations. Economic and territorial passivity of firms is apparent in the difficulties of erecting industrial buildings and dismantling machinery and equipment, in the low turnover of the means of production. The same problem exist regarding the labour force. Firms transferred to the suburban towns of Moscow oblast are encountering great difficulties in recruiting staff in sufficient numbers and of required skill. The local labour force is rather weak, while the Moscow workers wouldn't leave the capital to follow their firm, because they are afraid of being deprived of passport registration in Moscow. From the social point of view, giving up a Moscow registration is more significant to people than losing their job. The processes going on in the mcr are therefore not quite comparable with those in the Western world. The market economy is more «lively» and replacement of functions has the character of territorial waves. Some functions disappear while new ones emerge. In the mcr, the waves are replaced by stratification. New functions do not replace the old ones, but joining them. At the same time, this process of relative déconcentration of functions overpass the process of stable concentration of population. In the mcr, the modern branches are gravitated closely to Moscow, where skilled workers are retained by their registration advantages. Suburban towns have to be satisfied with commuters or specialists from the outlying regions of the USSR.

Suburbanization of population

The urbanization structure of the region is characterized by the predominance of its main centre - Moscow. The share of the capital in the total Moscow oblast population was as follows: in 1929 - 44,3 Vo, in 1939 - 51,6 %, in 1959 - 54,9 %, in 1979 -54,5 Vo, in 1985 - 57,3 % (Moscow Capital Region, p. 137.). Within the agglomeration, the share of Moscow is still higher, in 1959 it was 75,5 % and in 1985

- 67,3 % (ibid., p. 141), whereas in the highly developed capital regions of the world the agglomeration counts one half or less of the total population and of the economic potential, the second half being concentrated in the suburbs (Gritsay, p. 71). Moreover, the growth rate of Moscow population is higher than that of Moscow oblast (tab . 2).

TABLE 2. ANNUAL RATE OF POPULATION INCREASE,

Migrations are of great importance to the mcr. The internal migration of rural population to the cities is rather substantial, and the immigration flow from the rest of the USSR is not compensated by the decrease of rural population in the mcr. The nearer a town to Moscow, the larger the migration share in its total population increase.

The dynamics of population in the mcr has a specific character. In agglomerations of the developed countries the principle of the «broken glass» summarizes the suburbanization process. When, for some reasons, the centre loses its attractiveness the urban population moves to suburbs in search of higher living standard. In Moscow agglomeration the principle of the «overfilled glass» is operating. People wanting to live in Moscow cannot enter the city and are forced to settle near it. In Moscow immigration undoubtedly prevails over emigration, confirming the extreme territorial differentiation in conditions, level and way of life. As a rule, commuting is oriented from suburbs to Moscow (600 thousand persons come to Moscow and only 200 thousand leave it), but it accounts only for 12-15 % cf the total employment in Moscow's economy. Moreover, these commuters are not Muscovites but potential new inhabitants of the capital (striving for passport registration and domicile in Moscow).

Moscow became the most attractive place for living and an intensive flow of ruined rural residents as well as residents from other regions of the country were rushing -to Moscow. These processes were generated not only by the inception of the country structural economic transformation,

but also by the policy of special privileges for Moscow. These privileges came into being after the establishment of a centralized distribution system. Such a system involves the assignment of a priority level of foodstuffs and manufactured goods to each territory. Moscow was awarded the highest priority level. From the very beginning, better living standards and higher income for certain population categories were established there. In the thirties the artificial differentiation in living standards was confirmed by imposing restrictions to passport registration in the capital, and also by the division of administrative bodies into Moscow and Moscow oblast authorities. In the period 1925-30 dozens of new large firms were located in Moscow, but housing was insufficient at that time. Therefore, a great number of migrants from every corner of the country came to get a job in Moscow and settled in cottages in the nearby countryside. Soon, these settlements in the nearby countryside. Soon, these settlements turned into urban ones. For example, towns like Mytishchi and Luberstsy developed rapidly, and even Muscovites moved there when the railways were electrified. This was clearly the outset of a suburbanization process, but it stopped as soon as the restrictions on passport registration in Moscow were imposed and the social barrier between Moscow and Moscow oblast was established. In the period 1930-40, new industrial developments were banned from Moscow and firms drawn towards the city were located on the outskirts thus causing a rapid growth of the old and new towns. Although the development of cottages as second residence near Moscow started even before the revolution, since the en-

vironmental degradation of Moscow was practically completed at that time, they became the main resorts of those years. They had flourished in the districts with privileged natural conditions and convenient transport services (not further than 2 km from a railway station). In the period 1930-40, this sprawl of leisure housing carried on - cottage settlements expanded into an entire belt of scattered one- storeyed buildings. But at the same time, urban multi-storeyed housing also increased and after World War II these multi- storeyed buildings were found in the cottage settlements of the leisure zone. In the period 1950-60 a network of gardening associations was established. In those

years the most convenient land near Moscow had already been built on. The gardening plots allotted to the Muscovites were located in the remote parts of the mcr, outside the suburban zone, and very frequently they were on improper territories. Because of their remoteness, the difficulties in cultivation and building, the lack of infrastructure, these plots cannot become effective leisure resorts. More frequently Muscovites use them for fruit and vegetable growing.

The desire of the Muscovites for having a second residence in the suburbs can be interpreted as an unfulfilled suburbanization tendency. This desire has the same, mainly environmental, causes as suburbaniza-

tion in Western countries. The cottages within the reach of Moscow's traffic and having access to appropriate infrastructure and amenities, might become the principal residence of Muscovites if passport registration is abolished. The restrictions of passport registration in Moscow fixed in the thirties were devised as an administrative solution against the effects of Moscow's unique attractiveness and not as a means of eliminating the attractiveness itself. For this reason, Moscow became even more attractive, like a forbidden fruit. The consequences were both the concentration of the upper strata of society in the city and the extensive development of industry, resulting in a growing shortage of unskilled labour.

The shortage of regular workers in Moscow is sometimes explained by the increasing number of working places. An adequate planning of the «limiters» (1) system is then put forward as the solution for controlling the growth of Moscow is found in (Glushkova, 1988, p. 43). To be frank, about twenty industrial units and more than one hundred scientific institutions were already created in the seventies alone, in spite of the industrial building ban in Moscow, only a few firms moved outside the city in return. New industrial units easily find staff, since they offer new machinery, relatively good working conditions and higher wages. New scientific and administrative institutions are in a similar position. But the situation is totally different in the old industrial units, with rundown equipment and a high level of manual tasks. Those units suffer from a staff shortage. Moreover, as in any other city, there is a social mobility in Moscow, in most cases improving - from manual up to mental, from unskilled up to highly skilled work. Furthermore, the prestige of a higher education (university) is overestimated in Moscow, whereas the prestige of the manual professions has declined as a result of the stagnation of reinvestments in industry, the high share of manual labour (40 %), and also favouritism and

crowding in the administrative staffs. The attractiveness of an upper class position is therefore overestimated, and social mobility activated. Since Moscow cannot admit free «immigrants» the lower strata of the social structure are vacant and there appears a shortage of unskilled labour force. The lower strata of the social structure were filled in with « limiters ». Available employment in Moscow was not the cause of an organized immigration flow, but represented the only possible way to register the passport there. Roughly half of these people drawn into Moscow's economy left their jobs. «Limiters» get the right to register their passports in Moscow and take up their residence in new houses when their contract expires. They usually quit their job as soon as possible in search of better working conditions (Glushkova, 1988, p. 42). The nature of unskilled work in Moscow and the associated working conditions are so unattractive that it is nearly impossible to find Muscovites willing to perform them.

The institution of passport registration raised many problems. Thus the « limiters » are recruited in social groups not needing most of the advantages of a large city, their psychology and value system differ sharply from native Muscovites. The direct environment of the hostels where «limiters » live, has a pronounced criminal character. Fictitious marriage in order to register the passport in Moscow has become a widespread practice.

Moscow's environmental problems can hardly be solved as long as passport registration exists. The population is literally locked up within the city boundaries. Notwithstanding the environmental stresses, the Moscow privileges prevent the Muscovites from leaving the city. The urban districts not saturated with harmful industrial units are the most prestigious. The social and economic causes of Moscow's extensive growth reveal that its problems are a reflection of the ones facing the USSR. The concentration of economic, social and management functions in Mos-

cow in Soviet times materializes the strong centralism of the particraty and weighs down on the city's development. Low labour efficiency in agriculture and sheer desolation of villages on the one hand, rapid but extensive industrialisation together with forced increasing social attraction of Moscow, confirmed by the restrictions on passport registration, on the other hand, were the key factors of the mcr's polarization during decades. Together with objective factors found in other large cities of the world, subjective factors related to the Soviet political and economic system influence Moscow's growth.

The objective factors are as follows: the diversity of employment in the capital, the emergence of new types of occupations, the concentration of high-skilled and creative labour, the higher living standards, the large educational and cultural opportunities.

The subjective factors are the higher supply level of foodstuff and manufactured goods different than in other regions (the existence of meat-rationing system in many regions of the country and its absence in Moscow establishes a significant threshold not only in terms of supply but also in the outlook of the population); the lack of communications and individual motorized transport (in the rsfsr one counts 47 cars per 1000 urban inhabitants against 560 in the USA) (Argumenty i facty, 1988, N47, p. 2); the craving for joining the upper social classes and for accessing neighbourhoods with a high quality of life; unjustified promotion of upward social mobility releasing «the ground floors» of Moscow's economy; continued growth of employment due to the extensive economic development and the low economic and territorial mobility of firms. Today, the hierarchy of priorities for selecting a residence within the mcr and the whole country is as follows. Food supply comes first. The supply of manufactured

goods, the opportunities to obtain better and larger living quarters and to accede to a prestigious employment with a wage increase, social promotion, well developed consumer services come next. And only at the end of the scale appears the opportunity to fulfil cultural needs and education. Thus, there is a process of «pseudo- urbanization» characteristic of the Soviet economic and social system, superimposed on the process of «natural» urbanization. By natural urbanization we mean the process related to economic development and to the natural difference between rural and urban ways of life. The specificity, the structural changes and the hierarchy of city functions shape the migration flows conditioned by natural urbanization. «Pseudo-urbanization» points to «the scum» of the process, that may complete the economic and socially conditioned urbanization. The «pseudo-urbanization» is generated by a disproportionate development of the country's economic structure (hypertrophie share of industry; economic and political reforms have triggered off a massive flow of the peasantry towards the cities, related not with the rising but with the lowering of labour efficiency in agriculture, with impoverishment of the countryside and hence with the urge towards the centres of relative well-being), and by the territorial inequalities in standards of living, artificially created and maintained by the institution of passports and registration.

The suburbanization of population cannot be observed in the MCR. The centripetal tendencies mentioned above resulted in rapid growth of Moscow and its suburbs, as well as in some stagnation of its periphery. Thus Moscow agglomeration is now in the first stage of development, the stage of «crawling» concentration where centrifugal forces are very weak. This situation will last as long as the barrier in terms of standards of living exists between Moscow and Moscow oblast.

Conclusions

This study has reaffirmed the general lack of suburbanization in the Soviet cities. Some signs of suburbanization like the

transfer of some activities from Moscow to the suburbs, the concentration of population in towns and villages near the central

city and commuting, differ significantly pie and firms will emancipate, only if the from the Western cities. The process of ur- existing political and economic system in banization will take its normal course, peo- the USSR is dismantled.

Argumenty i facty, 1988, N47, p. 2 Argumenty i facty, 1988, N50, p. 3

GLUSHKOVA V.G. Questions of Interrelated Settlement in Moscow and the Moscow Region, Problems of Geography, vol. 131, Moscow, 1988, pp. 40-56.

GRITSAY O.V. Western Europe : Regional Contrasts at the New Stage of Scientific-Technological Progress, Moscow, 1988, 148 p.

Moscow in Figures. 1980, Moscow, 1981, 220 p. Moscow in Figures. 1985, Moscow, 1986, 240 p.

National Economy of Moscow Oblast. 1981-1985, Moscow, 1986, 271 p.

National Economy of the ussr. 1985, Moscow, 1986, 421 p. Yearbook of Labour Statistics. 1987, Geneva, 1987, 960 p.

Moscow Capital Region: Territorial Structure and Natural Environment, Moscow, 1988, 321 p.

(1) Limiters are unskilled workers, hired in an organised way by Moscow firms; after working there for several years of working they get the right to register

their passports and to take up their residence in Moscow.

COMMENTS

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