Today we bring to your attention an article on the topic: "order on taking office CEO oooh". We tried to fully reveal the topic and explain everything in an accessible language. You can ask all your questions in the comments to the article. Our expert will promptly answer them.
Order on taking office of the General Director of LLC. Sample
The order on assuming the position of the General Director of an LLC is one of the fundamental documents of the organization. Without this order, the head cannot begin to perform his duties. Without it, all documents, orders, etc. signed by him will not be legally competent, will not be considered by state and other organizations.
Also, a paper of this nature will be very useful (in some cases even necessary) when opening a bank account for a legal entity.
Important! The names of all heads of legal entities are always entered in the Unified State Register.
Do not confuse the founder and director of the enterprise. Even if this is the same person, the functionality of these persons is still different. Thus, the normal situation is when the founder appoints himself to this position and takes office at his own order.
No video.
The order implies a free form of presentation, but in it in without fail there should be information about:
- The name of the LLC.
- The serial number of the order (usually this is one of the first orders, if the appointment occurs immediately after the establishment legal entity).
- Signing date.
- The city in which the legal entity is organized and the order is signed.
- Reason for taking office. This is either the minutes of the general meeting of founders, or the decision of one founder.
- The date on which the appointment takes place.
- What other responsibilities does the CEO take on when he takes office.
- The date on which the order takes effect.
The result should be a signature with a position and a transcript, if available, a seal.
On the forums, they often ask what needs to be drawn up: an order in the T-1 form or an order to assume the position of general director of an LLC. Both of these papers are necessary for the normal functioning of the organization and for reporting.
An order in the form T-1 refers to documents on personnel, and on taking office - to papers on core activities.
It means that personnel service has nothing to do with orders. The order is entered in the register (magazine) of orders for the main activity as the first item. Only in this way will the further activity of the company be possible.
If there are several general directors in an institution
If the appointment of the head takes place in existing company, then its appointment, according to the law, should be handled not by the founder, but general meeting. At the same time, there should be a link in the order to the minutes of this meeting.
In the same order, the general director, if necessary, may assume the duties of an accountant, economist or other employees. Often this happens in small companies for which it makes no sense to increase staff.
The document must contain information about taking office as the CEO of the organization. It is advisable to refer to the decision of the founder or to the number of the minutes and the date of the general meeting.
Moreover, the entry in the labor must appear no later than 7 days after taking office, otherwise it will be contrary to the Labor Code. So the dating in this case must be treated responsibly.
Important! It is not necessary to indicate in the order the amount of wages, the duration of work and other points. Since the order refers to the primary documents for the main activity, these moments are not prescribed by default. This can be taken care of in the employment contract.
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 should happen no later than 3 days after signing this paper.
In order not to become a violator of the law, the founder or the newly minted CEO (often the same person) must complete the P14001 form, as well as a properly executed decision (council or personal). These papers must be submitted to tax office where the business was registered. The territorial principle of taxation in this case remains in force. You cannot establish an LLC in one city, and bring an order to take office in another. If this happens, then it is necessary to send the documentation by registered mail and make sure that it has been received.
Signing an employment contract with yourself, at first glance, seems like nonsense. But under the existing Labor legislation, such actions are allowed. Moreover, this document should spell out in principle important points that relate to tax deductions (this depends on the accrued wages).
The appointment order is the first thing issued by the new leader. It must contain the following data:
- registration number of the document;
- name and organizational and legal status of the company;
- the city in which the company operates.
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The body is made up of 2 parts:
The document must be signed by the new head of the company and the seal of the organization.
Sample order on the appointment of a director of an LLC with one founder:
Grounds for the order to assume the position of General Director of LLC
Referring to paragraph 1. Article 40 of the Law “On companies with limited liability» No. 14-FZ of February 8, 1998, the basis for the election executive body are:
- minutes of the public meeting of the company's members;
- decision of the founder (if he is alone).
The principle of operation consists of the following steps:
- Decision-making.
- Registration of a change of leadership in the Unified State Register of Legal Entities.
- Conclusion of an employment contract.
- Issue of the order.
An employment contract can be concluded even before the completion of the registration procedure, but for third-party organizations, the head of the company comes into power only upon the fact that a change is made to the Unified State Register(Article 12 of Law No. 14-FZ).
A feature of changing the head of a legal entity is the moment that the decision is made by the founders, and he issues and signs the order himself.
If a staffing The organization does not provide for the appointment of a chief accountant, his duties are assumed by the head.
Information that the director is part-time chief accountant can be reflected in one of two documents:
- in the order of entry into office;
- in the order on maintaining the head of accounting.
When does the appointment date start?
After the new head of the company issues order No. 1 on appointing himself to the position, he has 3 working days to notify the regulatory authorities of the adjustments that have taken place.
What to do in case of situations that require the signature of the director of the enterprise during the transition period (when the previous head has already been removed, and the new one has not yet registered powers), is not defined by law.
The Law "On State Registration of Legal Entities and Individual Entrepreneurs" No. 129-FZ dated 08.08.2001 does not say that the director begins to perform duties only after an adjustment is made to the Unified State Register of Legal Entities.
The head of the legal entity receives all powers immediately upon the decision to be elected by the founder or the general meeting and the signing of the labor contract.
Personnel documents
For confirmation legal status must be drawn up:
- employment contract between the company and the director;
- appointment order;
- employment history;
- job description (not mandatory).
The verdict of the founder or the minutes of the meeting on the appointment of a new head of the company is a document of corporate law.
Who should be notified of a change in management?
When changing the management of the company, it is necessary to independently notify the Federal Tax Service, to which the organization is assigned.
For non-compliance with the deadlines, an administrative penalty may be imposed in the amount of 5000 rubles, according to Part 3 of Art. 14.25 Administrative Code of the Russian Federation.
3 working days are allotted for this (clause 5, article 5 of the Law “On State Registration of Legal Entities and Individual Entrepreneurs” No. 129-FZ of 08.08.2001).
Other government bodies receive information about changes through interdepartmental communication channels, so they do not need personal notification.
After receiving a new extract from the Unified State Register of Legal Entities, it is necessary to notify the bank serving the organization. The law does not establish any specific deadlines, but it is not in the interests of the company to delay. Without electronic signature the new head of banking transactions is impossible.
The bank will need the following documents:
- change paper;
- a new extract from the Unified State Register of Legal Entities;
- election resolution;
- appointment order;
- sample signature of the new manager.
Bank employees may request additional documents, but usually this kit is sufficient.
The change of leadership is not a reason to renew the contract with counterparties, so partners are notified as needed.
Registration of change of the head
Before submitting an application for amendments to the Federal Tax Service, it must be notarized.
When filling out the form, do not forget that the submission of documents with double-sided printing is unacceptable.
Regardless of how the application is filled out (by hand or with the help of software), the full name of the new head is affixed in a specially designated field in the presence of a notary.
Changes are made to the Unified State Register of Legal Entities within five days from the date of submission of documents to the tax office.
State duty is not charged.
Extension of the term
The director can be signed both fixed-term and open-ended contract.
Most Charters provide for a standard term of office of 5 years.
If the same person has been in a leadership position for a longer period of time, he must be re-elected.
This procedure is carried out in the same manner as the appointment. The basis is the minutes of the general meeting or the decision of a single founder. The order is not issued and state registration not produced.
