What type of seal should be used for documents?
Organizations and individual entrepreneurs can use the following seal to certify documents:
- main;
- structural unit;
- special (for example, printing for documents for internal use).
The legislation of the Russian Federation does not contain any classification of seals - the use of the above varieties has developed in practice.
The need to use seals for documents other than the main one may be due to the difficulty of obtaining operational access to the main seal for structural divisions of the company or specific employees. Therefore, they may be given the opportunity to use appropriate alternative instruments for document certification.
From a legal point of view, all types of seals used by a company are equivalent if:
- through them it is possible to record on paper the full name of the company, as well as its address;
- they are round in shape;
- the name of the type of seal used (for example, “For the HR department”) does not contradict the scope of its use (that is, the HR department cannot certify documents of the sales department with its seal).
If a document is sent to a government agency, it should be certified only with the main seal. The use of special seals or seals corresponding to structural divisions by the company when interacting with partners and contractors is carried out with their consent.
In accordance with the amendments introduced by Law No. 82-FZ of April 6, 2015 to a number of federal regulations, Russian organizations are generally not obliged to use a seal in legal relations, unless otherwise expressly prescribed by certain rules of law.
ATTENTION! If your company refuses to use a seal, you have the right not to put it either on the primary document, or on declarations, or on documents required by the Federal Tax Service. We talked about the details here.
You can learn more about the specifics of the application of legal norms governing the use of seals by organizations in the article “A seal is not a mandatory attribute of the primary property.”
But if a company still uses its own seal for documents, where can it be placed, in what part of the sheet?
Seal impression: on which documents should I put it?
Author:
Elena Shirimova, lawyer, leading expert of the Personnel Business magazine
Personnel Affairs
We learned from school: a document without a seal is invalid. So we put a stamp on almost all the papers - you can’t spoil the porridge with oil. But is this really necessary? Which personnel documents really need to be stamped, and which ones can do without it?
Our editors often receive letters with questions that are in one way or another related to the correct use of the seal impression. “Do I need a stamp on an employment contract?” - asks an entrepreneur from Samara. “Where can I find a list of documents that must be stamped?” - asks the Moscow HR manager. “I accidentally put the seal of another organization in the employee’s work book. What to do now?" - complains a personnel officer from Stavropol. Today we will solve these and many other problems.
Meet the seal
First, let's talk a little about what a seal is. This is a hard rubber cliche for making impressions on paper to confirm the authenticity of a document. Technical requirements for official seals - their shape, size, text and symbols placed on them - are set out in the state standard GOST R 51511-2001 *.
* State standard of the Russian Federation “Stamps with the reproduction of the coat of arms of the Russian Federation. Shape, dimensions and technical requirements" (approved by Decree of the State Standard of Russia dated December 25, 2001 No. 573-st).
The technical requirements for seals without a coat of arms have not yet been established in the state standard. The legislation says almost nothing about the rules for using seals. It is unclear, for example, what seals an organization should have, in what cases they should be affixed, who is responsible for their safety, how many seals a company should have, etc. All these issues remain at the discretion of the organization’s management. There are three types of seals: official, equivalent to official and simple.
Official seals
(with the image of the coat of arms of the Russian Federation) are used only in government bodies and government institutions. In addition, organizations that are vested with government powers receive the official seal. For example, private notary offices.
A joint stock company must have a round seal containing its full company name and address
Commercial firms use seals equivalent to stamp stamps.
They depict a company emblem, logo, or simply the name of the company. Both stamps and seals equivalent to them indicate the TIN of the legal entity and the number of the state registration certificate.
Private entrepreneurs also have their own seals. In terms of their status, they are considered equivalent to stamp ones. But on such a seal, instead of a coat of arms and emblem, the surname, name and patronymic of the individual entrepreneur are located, and his location, tax identification number and registration number are also indicated.
Stamps, daters, facsimiles
A stamp
is a type of rectangular seal with some text.
Most often, stamps are used to put the details of an organization on a document. There are stamps confirming a certain action. For example, “Paid”, “Insert issued”. Dater
is a stamping device for automatically marking dates.
The procedure for using stamps and daters is not regulated by law, so the organization must determine it independently. A facsimile
is a seal or cliché used to reproduce a person’s signature. In accordance with Article 260 of the Civil Code, facsimiles can only be used in accordance with the procedure established by law. However, such an order does not yet exist. Facsimiles cannot be placed on personnel and accounting documentation - only the official’s handwritten signature is required. But on letters, certificates, congratulations - it is quite acceptable.
Stamp stamps and similar seals are placed on documents that require special confirmation of authenticity - contracts, letters and certificates, work books, service certificates, etc. Simple
Seals of the company's structural divisions, seals for certain types of documents, and stamps are considered. They come in different shapes - round, triangular, rectangular, square. They are placed on those documents that do not require special confirmation of authenticity (certificates, passes, copies, etc.).
Technical requirements for seals without a coat of arms have not yet been fixed in the state standard
Where should I place the seal impression?
The seal impression should be located at the bottom of the document, next to the official’s signature. Please note: the seal is placed in such a way as to partially cover the word that denotes the position, but does not end up on the signature and transcript of the signature.
Some documents have a special o (place of seal). If there is one, there is one less thing to worry about: place the print directly on it. Letters "M" P." are present on the title page of the work book, on accounting papers, and certificate forms.
What is the seal for?
The seal gives the document legal force - it confirms the authenticity of the official’s signature. But not all personnel documents require these details. Unfortunately, the current legislation does not clearly define which papers need to be stamped and what kind of stamp. Based on established practice, we have compiled a list of personnel documents certified by a seal in commercial organizations. It is presented in the table on page 33. The seal certifies not only personnel documents, but also accounting papers (orders, registers, estimates), as well as the constituent documents of the organization, a collective agreement, and various agreements. Documents not mentioned in this list do not require certification with a seal.
Letters written on forms (except for guarantees) do not need to be stamped
| Which documents should I put which stamps on? |
We certify documents according to the rules
Of course, nothing bad will happen if you mistakenly put a stamp on a personnel order or letter. But if you do not certify a document that really needs it (for example, a contract), the consequences can be very dire. Such an agreement will not have legal force, and the court most likely will not consider it as evidence. To avoid such troubles, we advise you to clearly define the procedure for using printing at the local level. First you need to define a list
company documents on which you will be required to put a stamp.
Then you need to draw up instructions for using
stamps, in which you should write when a stamp equivalent to a stamp stamp is affixed, and when a simple one is affixed, and how stamps are used, if the organization has them. Specify separately where the seal will be stored and who is appointed responsible for its storage (this issue is usually decided by the head of the organization).
It is advisable to make this instruction, together with the list, as an appendix to the general instructions for office management of your company, and if there is none, as an independent document or an addition to the charter. In the future, if it is necessary to certify a document with a seal that is not specified in the local act, the head of the organization issues a special order about this. The list of documents certified by the seal can be supplemented over time.
The instructions for using seals must specify the procedure for destroying obsolete seals
Stamp in the work book
Separately, it is necessary to say about the seal imprint in the employee’s work book. The procedure for filling out work books is clearly stated in two regulations - the Rules for maintaining and storing work books* and Instructions for filling out work books**, which must be strictly followed. Having studied these documents, we conclude: there are only three cases when the seal of an organization or personnel service is placed in an employee’s work book (any of them can be used): - when registering the book for the first time - on the title page; - when changing the personal data of an employee - on the inside cover; - upon dismissal - after recording the dismissal in the “Job Information” section. * Approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. ** Approved by Decree of the Ministry of Labor and Social Development of the Russian Federation dated October 10, 2003 No. 69.
In addition, there is one case when you need to put a stamp in the work book - if the employee is given an insert. This stamp is placed on the inside cover of the book or on the title page and is a rectangular imprint with the words “Insert issued.”
Larisa SANKINA
, Associate Professor, Department of Document Science, Russian State University for the Humanities: - Unfortunately, none of the regulations regulating work with a work book speaks about how to cancel an incorrectly placed seal (for example, the seal of another organization). Meanwhile, such an error may raise questions among the Pension Fund authorities when assigning a pension to an employee. We believe that it can be corrected in the same manner as an incorrect entry in the “Work Information” section of the work book. After the last entry, put the next serial number and write that the seal of such and such an organization was placed incorrectly. For example: “The seal of the open joint-stock company “Gloria” was placed incorrectly.” Then place the correct one next to this seal. It is possible that an employee with such a mark in the work book will still have to confirm the period of work in your organization with copies of orders. Therefore, provide the employee with the necessary copies when he leaves.
Which part of the document is stamped?
In most cases, a stamp is affixed to documents next to the signature of the person who certified the official paper. As a rule, the abbreviation “M.P.” is present in the corresponding area of the document. (place for printing). But if it is not provided in the original form, you should not enter it manually.
Where can I put a stamp on documents when they are certified? So, on the document being certified, the seal must be placed in such a way that it allows:
- recognize other significant details of the document (the names of the columns and the information they contain);
- certify the authenticity of the signature of the person who verified the document.
It is also desirable that the seal partially covers one of the words that makes up the job title of the person signing the document.
Contractors, tax authorities and other government agencies always welcome the clearest possible print on paper (but not bold).
Is it possible to put a stamp “for documents” on a power of attorney or on primary accounting documents and reporting, ConsultantPlus experts told. Get trial access to the system and study the explanations for free.
SAMPLE LIST OF DOCUMENTS ON WHICH A STAMP IS PLACED [p.337]
List of documents on which a stamp is affixed [p.135]
Approximate list of documents on which a stamp is placed [p.72]
GOST establishes a list of documents on which a seal is placed. Without a seal, such documents are invalid. On documents certifying the rights of officials, as well as financial and legal documents, the signature of the responsible person must be certified by the seal of the enterprise. Such documents include [p.73]
The signature of the responsible person is certified by a seal on documents certifying the rights of officials, recording the fact of spending funds and material assets, as well as on documents specifically provided for by legal acts. The seal impression is affixed in such a way that it captures part of the job title of the person signing the document. The list of documents on which the seal is affixed is given in Appendix 6. [p.25]
Here is an approximate list of documents on which the official seal is affixed (in organizations that do not have an official seal, a simple round seal is affixed) [p.186]
The official seal is affixed to original documents, contracts requiring special certification, documents related to the receipt of money and material assets (powers of attorney, checks, bank orders, etc.), identifying identity, work experience, qualifications (passport, work book, diploma, etc.). etc.)35. The list of documents on which the official seal is affixed is given in the appendix at the end of the book. [p.59]
The list of documents on which the official seal is affixed is given in the appendix to the book. Preparation of documents. Methodological recommendations based on GOST R 6.30-97. - M. Scientific book, 1998. [p.59]
What is an approximate list of documents on which the official seal is affixed [p.60]
The official seal is placed on documents, the list of which is provided for by regulations, contracts, work books, diplomas, financial documents, etc. The official seal has a round imprint. The use of the official seal is necessary in all cases of certifying the rights of individuals and legal entities, establishing facts causing the expenditure of funds and material assets, as well as on the charters (regulations) of institutions, organizations and enterprises, powers of attorney, etc. [p.209]
Results
In order to optimize document flow, Russian companies have the right to use not only the main, but also additional seals for documents. However, documents certified only by the main seal should be sent to official structures.
It is important to ensure that the structure of the main and additional seals for documents reflects the name and address of the company. All types of seals for documents used by the company to certify them, sent to external entities - counterparties, government agencies, must be round.
Where is the stamp placed on documents? It must be placed in such a way that it does not cover other significant entries present in the document.
You can get acquainted with other nuances of using printing when organizing document flow at an enterprise in the article “Is a seal placed on an invoice (nuances)”.
Sources: Law “On Amendments to Certain Legislative Acts of the Russian Federation Regarding the Abolition of the Mandatory Printing of Business Companies” dated 04/06/2015 N 82-FZ
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
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