Location of the seal on the letter
In accordance with the standard, the imprint is a mandatory detail with serial number 25, located at the bottom of the document, just below the line that indicates the position and surname of the person who signed the document. The imprint should be positioned so as to partially overlap the title of the position, but not overlap the signature and surname of the person who signed the document.
In some cases, the place where the seal is placed on letters or other documents is indicated by the letters “MP.” This suggests that the imprint should be placed directly on top of these letter designations.
What kind of letter is certified by a seal?
- on documents certifying the rights of the bearer;
- on those that record facts related to cash flows;
- in other cases requiring certification of the authenticity of the signature.
The law does not establish a clear list of documents on which this or that seal is affixed. But, if you follow the recommendations of the above-mentioned GOST, a stamp is placed on the letter if it:
- is guaranteed;
- confirms the fulfillment of previously assumed or the assumption of new payment obligations;
- establishes a delivery schedule or, for example, a phased payment schedule.
Is a stamp required on an official letter?
Previously, when the forms of organizations and enterprises were produced exclusively by printing and each of them had its own registration number, there was a rule according to which a seal was not placed on a letter printed on the form. With the exception of letters with financial content, of course. But nowadays, in almost all enterprises, in order to save time and money, forms are created in ordinary text editors installed on any computer and printed immediately on a printer. There is no particular difficulty in forging any form.
Note:
If the letter is unstamped and printed on a form, but there are doubts about its authenticity, you must contact the sending organization at the contact numbers indicated in the header of the form and clarify whether they sent such a document.
It makes sense to draw up a local regulatory act that will regulate the procedure for using seals at the enterprise and will clearly state which letters need to be certified with a seal. This document will define a list of business papers that must necessarily require certification, and will also establish rules in which cases and on which documents a stamp or equivalent seal will be affixed, and on which - a simple one.
What documents are stamped on? All about printing and its use
| Stamp on a document: which one to put? |
According to the methodological recommendations for the implementation of GOST R 6.30–3003, a seal is a mechanical device, a device containing a printing block for subsequent imprinting on paper.
The seal on the document gives it legal force and certifies the authenticity of the official’s signature.
In GOST R 6.30–2003, the name of the attribute has changed compared to GOST R 6.30–97 (the attribute was called “seal”), the new name is “seal imprint”. The essence of the props remains the same.
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. Technical requirements for seals without a coat of arms are not specified in state standards.
See below for the list of documents on which the organization’s seal is affixed.
What types of seals are there?
- Stamp. According to the federal constitutional law “On the State Emblem of the Russian Federation” dated December 25, 2000 (as amended on March 12, 2014), the state emblem of the Russian Federation is placed on the seals of federal government bodies, other government bodies, organizations and institutions, on the seals of bodies, organizations and institutions regardless of the form of ownership vested with certain state powers, as well as bodies carrying out state registration of acts of civil status. The right to use the official seal is granted to the first managers, officials from among the employees of the preschool educational institution or financial service.
- Round seal with the name of the organization (without reproducing the coat of arms). Every organization must have it to certify the authenticity of the signatures of officials.
- Stamp of structural units, as well as round and triangular seals that have a narrow functional purpose (for packages, passes, etc.).
Both the stamp and the round seal usually indicate the TIN of the organization, the number of the state registration certificate, as well as its location.
What document is used to secure seals in an organization?
Each organization develops instructions for using seals. The instruction is approved by the manager and has the following sections:
— a list of seals used in the organization;
— storage locations and positions of persons entitled to use seals;
- procedure for using seals.
The instructions must also contain lists of documents certified by all types of seals. Lists of documents are compiled on the basis of regulatory legal acts and our own experience in the organization.
The lists establish who personally and in what cases has the right to certify the authenticity of a document’s signature.
The right to have and use a seal should be recorded in the regulations on the structural unit
The instructions also determine the storage location of the seals and the persons authorized to organize the storage and use of the seal and monitor its correct use.
The instructions should also contain a list of seals , which includes:
— the name and number of copies of each seal authorized for use (the permitted number of copies of each seal is not specified in regulations);
- positions of persons authorized to store and use seal impressions and control the correctness of their use.
The procedure for using seals is established by the organization in accordance with current regulations and taking into account the specifics of the organization’s activities.
Changes and additions to the list are allowed only on the instructions of the head of the organization.
The use of seals in the organization is permitted only to employees specially appointed by order of the manager.
The seal impression is affixed only to correctly executed and signed documents.
Stamps are subject to registration in the preschool educational institution service and are issued to structural units to users against receipt in the registration and accounting form. In departments, prints are stored in securely locked cabinets.
The destruction of seals occurs in cases of liquidation of an organization, termination of activities as a result of a merger, annexation, transformation, renaming of an organization or a separate structural unit, as well as mechanical wear of the clichés.
Destruction is carried out according to an act with a mark in the registration and accounting forms. Registration and accounting forms of seals, as well as sheets with their imprints certified by the preschool educational institution service are included in the nomenclature of the organization’s files.
Where is the stamp placed?
The location of the official seal imprint in relation to the signature is not established in current legal acts. It is recommended to place the seal imprint so that the signature and all information on the seal imprint are clearly visible.
An approximate list of documents on which the official seal (seal of the organization) is affixed:
Acts (acceptance of completed construction facilities, equipment, work performed; write-offs; examination, etc.).
Powers of attorney (for receiving inventory, conducting business in arbitration, etc.).
Agreements (on financial liability, supplies, contracts, scientific and technical cooperation, rental of premises; on the execution of work, etc.).
Tasks (for the design of facilities, technical structures, capital construction; technical, etc.).
Conclusions and Reviews of abstracts.
Applications for tickets for travel on public transport.
Applications (for a letter of credit; refusal of acceptance, etc.).
Writs of execution.
Consumption rates.
Samples of seal impressions and signatures of employees who have the right to carry out financial and business transactions.
Correspondence with foreign missions.
Submissions and petitions (for awarding orders and medals, prizes, etc.).
Letters of guarantee (for work, services, etc.).
Orders (budgetary; banking; pension; payment (consolidated, to the bank, to receive foreign currency from accounts; currency transfer; for imports, etc.).
Regulations on organizations.
Registers (checks; budget orders) submitted to the bank.
Cost estimates (for the maintenance of the management staff; for the costing of the contract).
Agreements.
Certificates (limit; on payment of insurance amounts; on the use of budget allocations for salaries; on accrued and due wages, etc.).
Specifications (products, products, etc.).
Title lists.
Certificates.
Charters of organizations.
The indicative list is not exhaustive and may be changed in accordance with a written order (instruction) of the head of the organization.
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Should I put a stamp on a cover letter?
The cover letter itself does not have any information load. This type of business correspondence is drawn up in the form of an introductory part, usually consisting of a standard stamp phrase: “At the same time, we are sending you;. "and a numbered list describing each document included in the shipping package.
There is no direct need to put a stamp on the cover letter, even if the package of documents includes some business papers that have the nature of financial and guarantee obligations, the same contracts, for example.
Note:
It is strictly forbidden to put a stamp on blank letterheads or blank sheets of paper - this is a direct path to abuse and fraud.
Mandatory details of the employment contract
An employment contract is a special form of document that establishes the legal relationship between the two parties to cooperation. It is concluded when hiring a new employee. The agreement must take into account the smallest details, therefore, although the legislation does not have developed forms for writing them, it regulates the information that should be included in it.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Article 57 of the Labor Code of the Russian Federation contains an exhaustive list of what must be stipulated in the contract. It also indicates what the approximate type of document should be, namely how the preamble and the final part of the form are drawn up.
The completeness of the points and their content depends on what kind of agreements were reached by the parties, but there are some points that cannot be avoided. These include information about the parties to future cooperation, the date of signing the agreement, details of the employee and employer.
Parties' details
Each contract must begin with clarification of information about who exactly enters into the employment relationship.
This is important to know: Contract for cadastral works: sample 2021
Employment agreements always involve two sides of interaction:
- An individual, namely an employee hired for a position. The preamble contains his last name, first name and patronymic in Russian; information is taken from the passport for correctness.
- Entity. Since the organization itself cannot represent its interests, a person is always appointed who is entrusted with this mission. Usually this is the head or general director of the enterprise. When specifying information about him, you should write his position, then the name of the organization and only then his full name.
Please note that it is unacceptable to enter the information of the organization rather than the manager in the “employer” column.
Document information
Information about the employee and employer must be supported by documents. For an individual, the identification document is a passport. The passport can be of the Russian Federation or another state. The agreement includes information about what document identifies the employee, its series and number, when and by whom it was issued.
It is also important for the employer's representative to provide documentary evidence of his authority. It can be expressed in two documents:
- Charter of the enterprise.
- A power of attorney issued to the manager to perform functions.
If the organization’s Charter states that all representative functions are performed by the director, then the agreement provides a reference to this document. If you have a power of attorney, you must indicate its number and expiration date. Be careful, it is not the date of issuance of the power of attorney that is stated, but the expiration date of its term.
Taxpayer identification number
A taxpayer identification number is a convenient tool for systematizing tax payments and the ability to track the history of their implementation. For legal entities, obtaining a TIN is a necessity that they cannot do without, which is why each organization has this individual number.
An individual may, at his discretion, contact the tax department at his place of registration and receive his TIN absolutely free of charge. Since this measure is not mandatory, not all taxpayers bothered to receive it.
Therefore, for an organization, the TIN must be indicated, and for an individual, only if it is available.
Place and date of conclusion
Another mandatory point is to indicate the place and date of the contract. The place means the city in which the enterprise is located; it should not be specified in more detail; there are other clauses in the agreement for this.
Without indicating the date of signing the document, the contract will generally be considered void, so do not forget about this small nuance. The date is the day on which the agreement is signed by the parties. However, the date may not always precede the start of work; in some cases, the contract is signed after the employee has begun to perform his duties. The Labor Code allows you to draw up an agreement after the employee has started working, but no later than three working days from the moment he assumes his direct duties.
Contracts cannot be concluded in the past; the date must always correspond to real time.
This is important to know: Civil contract with an employee: sample 2021
Signatures of the parties
The document must be completed by signing; it is this action that puts it into effect and makes it official.
To register the place of signatures of the accepted employee and employer, it is customary to write down detailed addresses of the parties. For an organization, a legal address is indicated, and for an individual, two masses can be registered at once - registration and actual residence, provided that he does not live at his place of registration. Contact numbers are also indicated here. Detailed details of the organization may be specified. Below this information are the full names of the parties, next to which they affix their signatures.
