When creating any limited liability company, an order for the appointment of a director is required - an official document, according to which a higher board of directors selects and appoints a certain person to the role of head of the company.

The preparation of this document is carried out in the case of registration of an LLC or in the case of dismissal of the previous manager, and in the second case, accordingly, a separate order will need to be drawn up in advance for the dismissal of another person from his position.

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However, in order not to encounter any problems in the future when interacting with government agencies, it is best to understand in advance how such documents are correctly drawn up in 2019 and what needs to be taken into account in the process of their execution.

Basic moments

The general director is the sole executive body responsible for the functioning of the entire organization, and this position can be held by one of the participants of the given company or by some third party.

By his status, the general director is the same employee of the organization as everyone else, but at the same time he has much more powers, which are limited only by corporate interests, as well as current civil legislation. To hire a general director, a corresponding order or decision on appointment must be drawn up, and a randomly drawn up order must be sent to the archives of the enterprise.

At the same time, it is worth noting the fact that when appointing a director for the first time, the procedure for registering it takes place much more quickly, while when hiring a person who has previously held this position, after issuing the order, you will also have to additionally draw up form P14001 and register it in the Unified State Register of Legal Entities. The biggest discrepancies arise when a citizen of another country acts as the CEO.

Regardless of whether all other documents comply with current legislation, the order should be issued only after the highest management body of the company makes a decision to appoint a person to this position. The fact of the appointment of the general director must be submitted to the tax authority within three days from the date of the decision, and the completed form P14001 must be certified by a notary before sending.

Among other things, an individual personal account is opened for the manager.

Where to start

Since the procedure for appointing a general director involves a fairly large number of difficulties and features, it is worth considering in detail each stage of its implementation in order to avoid any mistakes in the future.

What is his role

The main purpose of such an order is to provide information about the appointment of their leader to all employees of the organization, and such an order does not have a deadline. In the future, the document can also be used in the process of certifying banking documentation, issuing a bank card, or satisfying requests received from the tax inspectorate, authorized licensing organizations or any banking institutions.

The official himself, on the basis of this document, can act without a power of attorney, issue approval of all kinds of orders related to hiring, promotion, dismissal or imposition of fines on employees, as well as issue a power of attorney, according to which the interests of the company can be represented by other persons.

Among other things, on the basis of the drafted order, the general director of the company at the official level takes part in the Board of Directors, as well as all kinds of general meetings of the organization.

Who signs the document

In the vast majority of cases, the employer who hires employees must leave his signature, but in this case the director himself is the employer, and therefore the second party in the legal relationship is the company in which he works.

In such a situation, the type of signature is influenced by the type of enterprise, as well as the total number of its owners, depending on what the signature is placed:

• Chairman of the Board of Directors;
• the owner of the organization, if he is the only founder;
• persons having the corresponding powers of the chairman;
• a trustee selected by the board of directors.

If there are several founders in the company, then they have the right to sign a separate document at the meeting, according to which an outsider will sign the document.

Sample filling

Filling out an order for the appointment of a general director is not as complicated a procedure as it might seem at first glance, since the text of this document does not include many nuances:

1. At the top of the document, the full name of the organization, the serial number of the document, and the date of execution of the order of appointment must be indicated.
2. The name of the order is indicated, after which information about the person who will be appointed to the leadership position is briefly entered.
3. If there are any specific wishes of the board of directors, then they must be included in the text of the order being drawn up.
4. A list of all documents, points and provisions confirming the possibility of appointing a general director in this organization is recorded.
5. A certain period of time during which the specified person is granted the appropriate powers must be indicated, and a complete list of the manager’s responsibilities must be included in the order.
6. Ultimately, a painting and the official seal of the company are affixed.

Number of founders

One founder may himself hold the post of general director, but even in this case, he will need to draw up an appropriate employment contract, as well as prepare all other documents. The agreement with the employee is signed personally by the chairman of the general meeting of participants.

The right of a shareholder related to his personal decision-making on the appointment of a general director is stated in Article 47 of the Federal Law “On Joint-Stock Companies”, and the rules related to the procedure for holding shareholders do not apply to this case.

If the organization has several founders, then in this case the appointment of the general director is carried out exclusively at the corresponding constituent meeting, based on the results of which a protocol is drawn up indicating the person appointed to the leadership position.

Moreover, to appoint a new manager, each founder must cast his own vote, confirming his desire to transfer powers to the specified person, and only then is the corresponding protocol drawn up, on the basis of which the order will be issued.

How to prepare an order for the appointment of a director

Today, there is no unified form for drawing up such documents, and each organization has the right to independently prepare orders for the appointment of general directors. At the same time, in order to avoid any misunderstandings, it is better to adhere to certain expert recommendations, and in particular, this applies to indicating the complete list of information that was indicated above.

Special attention should be paid to the fact that the order itself is a formality due to the need to reflect information about the hiring of a new person in the financial statements.

If the program does not include the document number and date, then theoretically the employee will not exist and, accordingly, wages cannot be transferred to him.

Possible options

There are many subtleties associated with the procedure for registering a general director for the specified position, and in particular, this concerns the procedure for correctly completing documents in accordance with all possible options.

Rules for the appointment of a general

In the process of filling out an order for the appointment of a director, you need to take into account several important rules:

• filling out the main text of the order should begin with the list of documents on the basis of which it is drawn up;
• The date on which the director assumed the position must be indicated, as well as the full name of the company of which he will be appointed director;
• the order must reflect the working conditions of the specified person.

If it is necessary to appoint the same person as the chief accountant, you can also indicate this position in one order. In case of reappointment of the general director, an order of appointment must be drawn up, and after signing it, within three days, apply to the Unified State Register of Legal Entities with form P14001.

Responsibilities of an accountant

Only managers of small and micro-enterprises have the right to additionally take responsibility for accounting. This category includes all companies whose total number of employees is within 100 people, if their annual turnover is no more than 800 million rubles.

An order to appoint a chief accountant and a general director as one person can be issued by the heads of those organizations in which the share of the authorized capital is more than 51% owned by the founders. This rule is established in order to exclude the possibility of implementing schemes related to the so-called “tax optimization” on the part of representatives of large businesses.

The chief accountant must be appointed immediately after the LLC is registered, and the order must be drawn up and signed by the general director.

The Case of the Deputy

The deputy director performs his duties in the order of combining positions in accordance with the issued order. Thus, if the powers of the director are appropriately transferred to some other employee of the company, he has the opportunity to issue all kinds of orders both in relation to himself and in relation to other employees, but all these operations are carried out according to the position that is enshrined in the executed employment contract .

The appointment of an employee as a deputy can be carried out in accordance with the order of the employer, which is drawn up in any form. It is worth noting the fact that the order must necessarily reflect the period during which the employee will be engaged in performing additional work, indicating its content and volume, as well as the total amount of the additional payment.

At the same time, it is worth noting the fact that if an employee is assigned additional responsibilities associated with the position of a manager, the issued order must indicate exactly what powers the manager is endowing him with.

The standard order form includes the following information:

• full name and individual number – “Order No.”;
• exact date and place of registration – “00.00.0000, Name”;
• the name of the document reflecting the purpose of its execution - “On the assumption of the position of director of JSC “Company””;
• the main text, which indicates a direct link to the Minutes of the Founding Meeting, indicating its individual number and date - “I assume the position of director of the company from the specified date”;
• indication of the date when the executed document comes into force - for example, “from the moment the order is signed, it comes into force”;
• signature of the new director of the organization with the obligatory decoding of his initials and indication of his position.

It is worth noting that quite often the order initially reflects the full list of powers vested in the general director, but in fact this is not mandatory.

How long does paper last?

The validity period of the general director's employment contract has a lot of features, since in accordance with the norms prescribed in the current legislation, the validity period of this document is established by the charter of the enterprise. In this case, accordingly, it is necessary to mention the deadline for completing this document, but you can indicate it as indefinite.

At the end of the specified period, the contract can be terminated or extended. Moreover, if neither party decides to terminate the employment relationship, the contract automatically turns into a document concluded for an indefinite period of time.

Things to remember

As mentioned above, when drawing up an order for the appointment of a general director, it is necessary to mention those documents and provisions that provide the opportunity to carry out this procedure, as well as indicate the period of time from which the specified person assumes his duties. In addition, it is recommended to indicate a list of responsibilities that the general director must comply with.

If the company has only one founder who is going to take the post of CEO, he should also sign the order, and if the appointment is being made for the first time, then at this stage the procedure ends.

If the director replaces another, then in this case, after completing all the documents, you will also need to fill out a separate document in the established format of the Unified State Register of Legal Entities, according to which the innovations will be reflected in the general records. Three days are allotted for the provision of this paper from the moment the order to appoint a new manager was issued.

The procedure for appointing the head of a legal entity depends on its form of ownership, but the list of necessary documents for registration remains unchanged. This is an employment contract and an order for the appointment of a general director.

Order on assuming the position of director

The order for the appointment of the general director is drawn up on the basis of the following documents:

• Decisions on the election of a person to a position (minutes of the general meeting of founders, decision of the sole owner, etc.).
• Employment contract with the general director.

An order for the appointment of a director of an LLC is needed for the company’s internal records management. The need for such a document is spelled out in the Labor Code of the Russian Federation, in Article 68. It literally says the following:

• The hiring of an employee is formalized by an appropriate order.
• The data in the order is entered from a previously signed employment contract.

The template for the order for the appointment of the general director should not be a unified T-1 form, which, due to the specifics of this document, does not meet all the requirements. Typically, such an order is drawn up in free form.

Who signs the order appointing a director of an LLC?

The main question that arises when issuing this document is who signs the order for the appointment of a director?

The manager himself signs, that is, in essence, he issues an order to himself.

This is justified by the following:

• At the time when an order is made to appoint the general director of the LLC, the latter is already the person authorized to issue orders, since the employment contract has already been signed with him.
• The founders and owners of an organization cannot issue internal orders unless they are formalized by its staff.
• The law does not prohibit such actions by a manager.

Thus, the text of the order contains the full name of the manager, and he is the one who signs this document.

Order for the appointment of a director of an LLC: sample 2018

The sample order for the appointment of the general director of an LLC has not been approved, so it can be made in any form.

You can publish it on a unified T-1 form, but as mentioned above, it is not entirely suitable, since it does not focus specifically on the fact that the manager is taking office, but simply looks like the hiring of a new employee. Meanwhile, this order will need to be submitted along with the constituent documents to various authorities.

The order form for the appointment of a director must contain the following details:

• Full company name.
• Date and number.
• Brief content of the order (for example, “on the assumption of the position of General Director”).
• The text of the order, which indicates the full name of the director, his position, the date of entry into force of his powers and the date of their expiration (if any) and the document on the basis of which he was elected.
• Signature of the General Director.

A completed sample order for the appointment of an LLC director can be viewed below.

Validity period of the order for the appointment of the General Director

The validity period of the order for the appointment of a director depends on the period for which he is granted powers. In most cases, the head of an enterprise is appointed for an indefinite period, or for a period specified in the statutory documents. It is for this period that this administrative document applies. If, after the end of the term of office, the manager is elected again, then the order must be reissued, on the basis of a new employment contract and the decision on election.

The period for which the head of the company is elected is usually included in the order appointing a new director of the LLC. A sample of this entry might look like this:

• “I take office on March 1, 2018, for a period of 5 years,” or
• “Dmitry Dmitrievich Polyakov was approved for the position of General Director from 03/01/2018 to 02/28/2023.”

If this information is not included in the text of the order, then a copy of the employment contract is usually attached to it, and this package of documents is provided upon request (to the bank, tax office, etc.).

An order for the appointment of the general director of an LLC is issued on the basis of a decision of the participants, or the sole founder, and is signed by the director himself. It is published in free form, but at the same time contains all the details required for administrative documents.

A completed example of an order for the appointment of a general director.

An order for the appointment of a manager is an important document of any enterprise. We suggest looking at a sample order for the appointment of a director of an LLC in our material.

The rights and obligations of this employee are determined by the contract and constituent documents. Also, his data is indicated in the company’s registration documents. . It is valid for no more than five years. In accordance with Art. 58 of the Labor Code of the Russian Federation, the duration of official powers may be determined by the charter. This document is signed by the general director and founder. Often this is the same person, especially if an order is issued to appoint a director - the sole founder.

The basis for issuing a document on the appointment of a manager is or (if there is only one). After this, an order is issued to assume the position of General Director.

Rules for drawing up a document

How to correctly draw up an order for the reception of the head of the enterprise? There is no unified form for this document. Therefore, an order for appointment to the position of general director of an LLC can be drawn up on letterhead, which indicates the company’s details.

An order for the appointment of a director must contain the following information:

1. Company name.
2. Place and date of publication.
3. Title of the official paper.
4. Link to the founders' decision.
5. Text with the wording about taking office.
6. Information about the start and end dates of powers.
7. Position as stated in the charter.
8. FULL NAME. general director.
9. His signature.
10. Seal of the organization (if any).

The order is signed by the director or founder. The order for the appointment of a general director - the sole founder or an invited top manager is recorded in, and is assigned a serial number.

There is no need to report this to the tax office. The order for the general director is kept permanently.

The election and appointment of a new head of the company is the prerogative of the founders of the company or shareholders. But the employment process is impossible without drawing up an order for appointment to the position of general director. Persons responsible at the enterprise do not often come across this document, but sooner or later they have to. We'll tell you what kind of order this is, how it is drawn up and what the nuances are.

What kind of document

An order is a document on the basis of which the selected candidate officially becomes the head of the organization and receives the authority to make decisions provided for in the charter.

When applying for this position in an LLC or JSC, contradictions may arise. To prevent them, we recommend composing two types of orders at once (see table).

Procedure for appointment to the position of director

The election of a new head of a company differs depending on the form of ownership. When there are many applicants for a position, it proceeds according to the following scheme (see table).

To ensure that the meeting’s decision is not invalidated, follow all the rules! Carefully study the constituent documents, relevant laws, protocol and check each stage of the event. This way you can avoid the risk of the manager being removed from office and losses associated with his concluding new deals.

ATTENTION
Both managers cannot perform duties on the same day at the same time. Such actions are contrary to the law. Take this fact into account when transferring cases and issuing an order to remove the previous general director from office.

The procedure for appointing a manager does not end there. The law requires notifying the tax service of changes that have occurred. Otherwise, the new CEO will not have the authority to make deals.

This is due to the fact that old information about the previous manager remains in the state register of legal entities. To make amendments, the organization must send a written notification to the inspectorate with a request to make changes to the Unified State Register of Legal Entities. Failure to comply with this requirement may result in prosecution.

Design features

The document in question must be filled out in accordance with all the rules. The full name of the company is written at the top, and the word “Order” in the center. Be sure to note:

• the current date of drawing up the document (may coincide with the date specified in the employment contract; it is acceptable to enter one day later, but not earlier!);
• the position to which the candidate is appointed;
• FULL NAME. new leader.

The text of the order for the appointment of the general director must reflect the period from which the new director begins to perform his duties. It is also advisable to indicate that the elected employee has the authority to sign cash settlement, banking and other legally significant documents, as well as manage the organization’s accounts.

At the end of the order they put their full name. the employee on whose behalf it was drawn up. The circle of persons authorized to draw up such documents is reflected in the charter or internal rules of the organization. The order is signed by the elected director or chairman of the meeting.

EXAMPLE 1
At the meeting of participants of Arctur LLC on August 15, 2016, it was decided to appoint K.V. to the position of General Director. Skvortsov, which is documented. The order to take office will look something like this:

EXAMPLE 2
Polar Star LLC has a single founder - A.I. Korshunova. The order for appointment to the position of General Director will look something like this:

You can also . It is presented in Word format.

In order to avoid disagreements, which sometimes occur in practice when appointing an elected candidate to a position, we recommend, in addition to the document discussed above, to draw up an order for employment (Form T-1). The reason may be:

• employment contract;
• decision of the sole founder/founders;
• minutes of the general meeting.

The order is signed by a person authorized by the charter. The new head must familiarize himself with the contents of the document within three days from the moment he begins performing his duties.

If the order for the appointment of a general director is correctly executed and all actions provided for by the Labor Code and corporate legislation are completed, the enterprise guarantees itself the continuation of activities without undesirable incidents.

When taking on the position of CEO, many HR officers have questions. Can he himself sign the appointment order? And what if he is the sole founder of the organization?

From the article you will learn:

Procedure for appointing the General Director

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If the company has several founders, on the part of the organization must be signed by the chairman of the general meeting of founders. If such a decision is made by the sole founder, the agreement is signed by him. This procedure also applies if the sole founder himself becomes the general director.

Order on assuming the position of director

The company must develop the form of the order to assume the position of general director independently, since there is no unified form for this document. For The organization's letterhead is used, if available.

Drawing up an order to assume the position of director

This document is often used as a legal basis when issuing local regulations or making decisions. Therefore, such an order should record only the fact of the first person taking office. Other additional conditions and requirements should be specified in other documents.

For example, in such an order there is no need to list the job responsibilities of the first person of the enterprise or indicate his salary - it is enough to make a reference to or the company's staffing table, respectively.

This organizational and administrative document has a number of features related to its specific status in the personnel document flow of the enterprise:

the title of the document should reflect its content; the most often used wording is “On taking on the position of the General Director”;

if the general director takes office on the day the company is founded and its details have not yet been fully determined, in they may not be specified;

the date of signing the minutes of the general meeting (or the decision of the sole participant), and orders for taking office must coincide or go in chronological order. If this rule is violated, the company may have difficulty conducting an audit;

if a new general director takes office after the departure of the previous employee, the date of entry into office of the new employee must occur no earlier than the next day after ;

in the final part of the document there is no need to leave a field for the employee’s signature confirming the fact of familiarization with its text, since the order is already drawn up on behalf of the general director and signed by him.

Sample order for taking on the position of director

This document includes the following content blocks:

full name and details of the company;

place of document preparation;

the basis for the appointment of the general director, which is the minutes of the general meeting of founders or the decision of the sole participant;

information about the person taking over the position of General Director;

the date of his assumption of office.

Note! In addition to this information, other important conditions may appear in the sample order, for example, the acceptance of responsibilities by the general director in the absence of this position at the enterprise.

According to the requirements of current legislation, administrative documents issued by the organization must be endorsed authorized person. Taking this fact into account, the wording of the text of the order is also determined. As a rule, it is drawn up in the first person, indicating all the necessary information provided for the organization’s orders.

In this case, the following wording can be used: “Based on the minutes of the general meeting (or the decision of the sole participant), I, .... (personal details of the director are indicated), I will take up the duties of the general director from ... (the date of taking office is indicated).”

Additional documents to the order on the assumption of office of the new general director

In addition to those mentioned above, there are also documents that will need to be completed in connection with the emergence of a new general director at the enterprise.

In particular, in this situation it is necessary to ensure the timely implementation of the following actions:

1. preparation of form No. P14001 for making changes to the Unified State Register of Legal Entities (USRLE) and sending the completed form to the territorial division of the tax inspectorate. This procedure, however, is carried out only when the general director is changed: if the first person is appointed when the organization is created, the necessary information is transferred to the tax office upon registration;
2. new CEO. At the same time, in the fourth column, where the basis is indicated, first of all, the details of the minutes of the general meeting of founders are recorded, and only then - the details of the order to take office;
3. issuing an order to terminate the powers of the former general director. At the same time, it is advisable to check the content of orders and orders made by him recently: perhaps some of them will need to be suspended or cancelled;
4. edition employment order, which is also called . According to Art. 68 of the Labor Code of the Russian Federation, the execution of such an order is mandatory for hiring all employees, not excluding the general director;
5. re-issuance of a sample signature of the general director in the bank where the organization is serviced. In this situation, a new sample signature may need to be certified by a notary.

Note! It will take up to five working days to make changes to the Unified State Register of Legal Entities: during this period, the counterparty who requested information about the company will receive information about the former general director.

Thus, the order to assume the position of the general director is the most important document that largely determines the work of the company for the immediate period of time associated with the work of this employee. Therefore, special attention must be paid to the correct execution of this order, and in addition, we must not forget that its publication must be accompanied by the formation of a number of mandatory documents.

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