Procedure for appointing the General Director
The manager is chosen and appointed by the owners of the company - the participants (or the sole founder) of the LLC at a general meeting. If the company already had a general director, he is removed and a new one is appointed. Since only one person can manage a business, it is important to keep track of the dates when the employment relationship with one manager ends and begins with another. They should not cross each other, since two people cannot have the same powers at the same time.
The next stage of the procedure for appointing a general director is making changes to the registration data in the Unified State Register of Legal Entities. At the same time, an employment contract can be concluded with a new employee, usually a fixed-term contract with a validity period of up to 5 years. The employer in this case is either the sole founder of the LLC or the chairman of the general meeting of participants.
Please note: an employment contract can be concluded before changes are made to the Unified State Register of Legal Entities, but the responsibility, ability to sign documents, make decisions and all other functions of the new manager appear from the moment the registration data is updated - 5 working days after submitting the application.
IMPORTANT!
From 01/01/2019, the service for changing information in the Unified State Register of Legal Entities is free if electronic documents are submitted, including through the MFC. When handling paper documents, you will have to pay a fee of 800 rubles. Additional information can be found by phone or on the Federal Tax Service website.
The last step is issuing an order at the enterprise to hire a new general director. According to Article 68 of the Labor Code of the Russian Federation, any employee is hired after issuing an appropriate order drawn up taking into account the provisions of the concluded employment contract. That is, first a cooperation contract is signed, and it is the legal basis for issuing an order.
Most often, a sample order for the appointment of the general director of an LLC is taken from Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, which approved the unified form N T-1. But since 2013, it has become recommended and not mandatory, so enterprises can modify and change it at their own discretion. Let's look at a sample order for the appointment of a director of an LLC (2020) and the features of filling it out.
Order on the appointment of the head of an individual entrepreneur
The personnel order (order for the main activity) must have a number. It is entered into the registration book of orders.
“Russian Federation” is written on the first line of the document, and “Individual entrepreneur Surname I.O.” is written on the second line.
On the third line, in small print, all the details of the individual entrepreneur are listed (OGRN, TIN, individual entrepreneur registration certificate number).
Below on the left indicate the date the document was filled out (with the originating number).
The line below indicates the subject of the order, for example, “On the appointment of a commercial director.”
The following outlines the essence of the order in a business style and without unnecessary details.
A detailed description of the director’s responsibilities is indicated in a document called the “Job Description.”
For example, the text of the order may look like this: “Appoint A.A. Ivanov to the position of commercial director. from March 3, 2015 with a salary according to the staffing table.” After this, the individual entrepreneur signs with the words “Individual entrepreneur Sidorov P.I” and certifies with a seal.
The order comes into force from the date of its signing. The employee begins work on the date specified in the document. At the request of the designated employee, he may be given a copy of the order.
How to draw up and from whom to sign an order for the appointment of a general director
Let's look at how to fill out an order for the general director.
Step 1. We write down the name of the employer (in our example, LLC), and specify the OKPO code, which is assigned upon registration of the enterprise.
Step 2. Enter the number of the order being drawn up and the date of preparation.
Step 3. Using the details of the employment contract, in the order we indicate the period during which the manager will perform duties, his personnel number, as well as his full name. in the genitive case.
Step 4. We write down which department and position the employee is applying for. If there are any special features of the work, we also indicate this.
Step 5. We write down what salary the new employee is entitled to, and if there are bonuses, theirs too. All data must be verified against the concluded employment agreement.
Step 6. We specify the trial period (check, it cannot be more than 6 months, regardless of where the LLC is located - in Moscow or Chukotka).
Step 7. We indicate the reasons for issuing the decision. The details of the employment contract must be included. In addition, information about the minutes of the general meeting of participants, the decision of the owner of the organization’s property, and other documents can be clarified here.
Step 8. We sign and familiarize the employee with the order. Since the general director and the employee in our case are the same person, the fields provided for signatures must be signed by the same person.
Who to inform about the appointment
First of all, the tax service should be aware of such significant personnel changes. Information about the newly appointed general director must be entered into the Unified State Register of Legal Entities. Moreover, this must happen no later than 3 days after signing this paper.
In order not to become a violator of the law, the founder or newly appointed general director (often this is the same person) must fill out form P14001, as well as a properly executed decision (of the board or personal). These papers must be submitted to the tax office where the company was registered. The territorial tax principle in this case remains in force. You cannot establish an LLC in one city and submit an order to take office in another. If this happens, you must send the documentation by registered mail and ensure its receipt.
What else needs to be done
In theory, you don’t need to do anything else; the hiring procedure is completely completed. However, some experts, referring to the letter of Rostrud dated September 22, 2010 N 2894-6-1, also propose issuing an order on taking up a position, since on its basis information is entered into the employee’s work book.
There are no special forms for the order; it can be left in any form. The main thing is that all the data in it corresponds to previously issued papers and there are no factual errors. The document itself is drawn up in the first person and signed directly by the director.
Sometimes a deputy also comes to the enterprise at the same time as the new general director. It also needs to be drawn up in accordance with all the rules, and then an order is issued on the appointment of a deputy director of the LLC. A sample of this document is presented below.
What to write in a work book
The document must contain information about taking office as the general director of the organization. It is advisable to refer to the founder’s decision or the minutes number and date of the general meeting.
Moreover, the entry in the labor record must appear no later than 7 days after taking office, otherwise it will contradict the Labor Code. So dating in this case must be taken responsibly.
Important! There is no need to indicate in the order the amount of remuneration, duration of work and other points. Since the order relates to primary documents for the main activity, these points are not written down by default. This can be addressed in the employment contract.
How to register a person who will temporarily replace the director
A manager, like any other employee, can ask to take a vacation, go on a business trip, or go on maternity leave. In this case, a person must appear who can replace the boss and fulfill his duties. There can be many candidates for this job - from external part-time workers, to deputies and people who can work part-time. But regardless of who replaces the main person of the enterprise, it is necessary to issue an order appointing an acting director. A sample of this document is below.
The order is very similar to similar personnel documents and contains the same details: date of preparation, text of the order, grounds for its issuance, information about the person who made the decision (in our case, the general director).
Legal documents
- Article 68 of the Labor Code of the Russian Federation
- Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1
How is an order (instruction) issued regarding the assumption of the position of the chairman of the HOA?
The chairman of the HOA is selected among several candidates, according to the charter. Persons wishing to take up a new position must work in the HOA and carry out appropriate work on the management and maintenance of the apartment building.
Elections of the chairman are carried out by voting at the general meeting, the results of which are drawn up in minutes. This document legally confirms the fact of the election of a new chairman.
The order of appointment to a position is issued according to the sample and certified by the seal and signatures of all members of the HOA and the head. The document is drawn up in two copies. The elected person is obliged to carry out his activities from the moment the order is issued for the period specified in the charter.
Sample of assuming the position of chairman of the HOA
Order on the appointment of an acting director (sample) and its contents
There is no unified order form provided by Goskomstat, as a result of which companies can develop and approve the form on their own. In accordance with generally accepted rules, the document form must contain the following data:
- The header of the document, which includes information about the company, name and date of the order;
- Determining the reason why the current manager is absent from the workplace, indicating the duration;
- Basic information about the current manager;
- Basic information about the employee who is responsible for replacing the director (full name, position, personnel number if available);
- The period during which the employee must replace the manager;
- Functional duties performed by the deputy. It is better to reflect this part of the order in detail in order to minimize the possibility of disagreement;
- Information about the salary offered to the deputy;
- The amount of payment the employee will receive;
- The result of filling out the order is the inclusion in it of information about the company employee responsible for the execution of the document.
It is important to note that it is necessary to draw up an order for the appointment of an executive director even in cases where the company has a person who, in accordance with the job description, replaces the manager during periods of his absence from the workplace.
In order for a document to enter into legal force, it must be signed by the head of the company and, if the accounting policy specifies the use of a seal, contain an imprint of the organization's seal. After signing the order for the appointment of an acting director, it must be familiarized with signature to all interested parties and transferred for storage to the personnel department, accounting department or secretariat of the company.
The responsibility of the personnel department is to organize the storage of all orders of the company, including the order on the appointment of an acting director for 75 years.
Registration of labor relations with the appointed manager
A special feature of the agreement on hiring a manager is that on the part of the employer, on behalf of the enterprise, it is signed by the owner or the only participant authorized by the general meeting.
In the case where there is only one owner and he appoints himself to the position of director, an ambiguous situation arises. On the one hand, to conclude an agreement there must be two parties and signing an agreement with oneself is unacceptable. On the other hand, no one deprives a director of the right to enter into an agreement with the company, even if he is a sole founder and assumes the responsibilities of a director. It is important to understand here that such an agreement is signed by one person who acts as a founder and as an employee at the same time.
Find out how to correctly record the appointment of yourself as a director in your work book from an expert opinion from ConsultantPlus by receiving free trial access to the system.
IMPORTANT! In addition to the decision of the participants or the sole founder of the company to appoint a director and an employment contract, an order for hiring a director is issued. These documents must be from the same date. Data about the manager must be entered into the Unified State Register of Legal Entities.
You will find out what personnel documents still need to be issued for the director in the articles:
- “What applies to mandatory personnel documentation?”;
- “Personnel documents that should be in the organization.”
Requirements for placing an order
There are no separate requirements for drawing up orders for individual entrepreneurs, but certain generally accepted requirements should be adhered to. For example, the style of writing an order should be businesslike and concise, without indicating details of the director’s position, which are indicated in his job description. After signing the order, the new employee begins his duties. This happens from the date specified in the order. If the order does not indicate a specific date for the employee to take up the position, then it comes into force from the moment of signing (
